BETA


2022/0100(COD) Ozone depleting substances

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead ENVI POLFJÄRD Jessica (icon: EPP EPP) PLUMB Rovana (icon: S&D S&D), KNOTEK Ondřej (icon: Renew Renew), HOLMGREN Pär (icon: Verts/ALE Verts/ALE), ZALEWSKA Anna (icon: ECR ECR), HAZEKAMP Anja (icon: GUE/NGL GUE/NGL)
Committee Opinion JURI
Lead committee dossier:
Legal Basis:
TFEU 192-p1

Events

2024/02/20
   Final act published in Official Journal
2024/02/07
   CSL - Draft final act
Documents
2024/02/07
   CSL - Final act signed
2024/01/29
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2024/01/16
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 538 votes to 8, with 13 abstentions, a legislative resolution 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.

The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:

Subject matter

The proposed regulation lays down rules on the production, import, export, placing on the market, storage and subsequent supply of ozone-depleting substances, as well as on their use, recovery, recycling, reclamation and destruction, and on the reporting of information related to those substances and on the import, export, placing on the market, subsequent supply and use of products and equipment containing ozone-depleting substances or whose functioning relies upon those substances.

Exemptions to ozone depleted substance prohibitions

The ozone depleted substances are prohibited in almost all cases, with only strictly limited exemptions. By way of derogation, ozone-depleting substances listed in Annex I may be produced, placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge in order to be used as feedstock .

The Commission should be tasked with regularly updating a list ozone-depleting substances the use of which as feedstock is banned. An assessment of the availability of alternatives for feedstock is to be primarily done at international level, under the Montreal Protocol.

Where no technical assessments of available alternatives to existing feedstock uses and of emission levels of existing feedstock uses carried out under the Protocol are available that provide a sufficient basis for taking a decision whether to prohibit a feedstock use, the Commission should, by 31 December 2027, make its own assessment .

The text should also allow, under strict conditions, ozone-depleting substances used as process agents, in laboratories and for fire protection in special applications such as military equipment and airplanes.

The regulation extends the requirement to recover ozone-depleting substances for destruction, recycling or reclamation . The requirement should cover refrigeration, air conditioning and heat pump equipment, equipment containing solvents, fire protection systems and fire extinguishers and other equipment if technically and economically feasible.

Declaration of conformity

The amended text stipulated that undertakings which place on the market refillable containers for ozone-depleting substances should produce a declaration of conformity that includes evidence confirming that there are binding arrangements in place for the return of those containers for the purpose of refilling, in particular identifying the relevant actors, their obligatory commitments and the relevant logistical arrangements. Those arrangements should be made binding on the distributors of the refillable containers for ozone-depleting substances to the end-user.

The undertakings should keep the declaration of conformity for a period of at least 5 years from the placing on the market of the refillable containers for ozone-depleting substances and should make that declaration available, upon request, to the competent authority of the Member State concerned or to the Commission.

Undertakings that produce, including as by-production or side-production, place on the market, supply to another person in the Union or receive from another person in the Union ozone-depleting substances intended for use as feedstock, as process agents or intended to be destroyed or reclaimed, as well as undertakings that destroy or reclaim those substances or use those substances as feedstock or as process agents, should keep records containing information for each ozone-depleting substance.

The undertakings should keep the records for at least 5 years after production, placing on the market, supply or receipt.

Recovery and destruction of used ozone-depleting substances

From 1 January 2025, building owners and contractors shall ensure that, during renovation, refurbishing or demolition activities implying the removal of foam panels that contain foams with ozone-depleting substances, emissions are avoided to the extent possible by handling the foams or the substances contained therein in a way that ensures the destruction of those substances. In the case of recovery of those substances, the recovery should be carried out only by appropriately qualified natural persons.

Release of ozone-depleting substances and leak checks

The amended text stipulates that operators of refrigeration and air conditioning equipment or heat pumps, or fire protection systems, including their circuits, which contain ozone-depleting substances listed in Annex I should ensure that stationary equipment or systems with a fluid charge of:

- 3 kg or more but less than 30 kg of ozone-depleting substances are checked for leaks at least once every 12 months, with the exception of equipment with hermetically sealed systems which are labelled as such and contain less than 6 kg of ozone-depleting substances listed in Annex I;

- 30 kg or more but less than 300 kg of ozone-depleting substances are checked for leaks at least once every 6 months;

- 300 kg or more of ozone-depleting substances are checked for leaks at least once every 3 months.

Penalties

Before 1 January 2026, Member States should notify the Commission of those rules and of those measures and should notify it, without delay, of any subsequent amendment affecting them. The penalties should be effective, proportionate and dissuasive , and should be determined while having due regard to the human population or the environment affected by the infringement.

The penalties should include: (i) administrative financial penalties; (ii) confiscation or seizure, or withdrawal or removal from the market, or taking possession by the competent authorities of Member States of illegally obtained goods; (iii) temporary prohibition from using, producing, importing, exporting or placing on the market the ozone- depleting substances or products and equipment containing ozone-depleting substances or whose functioning relies upon them, in the event of a serious infringement or of repeated infringements .

The maximum amount of the administrative financial penalty should be at least five times the market value of the ozone-depleting substances or products and equipment concerned. Where such infringements are repeated within a five-year period, the maximum amount of the administrative financial penalty should be at least eight times the market value of the ozone-depleting substances or products and equipment concerned.

Review

By 1 January 2030, the Commission should publish a report on the effects of this Regulation. The report should include an assessment of the availability of alternatives to ozone-depleting substances for uses regulated.

Documents
2024/01/15
   EP - Debate in Parliament
2023/10/25
   EP - Text agreed during interinstitutional negotiations
Documents
2023/10/24
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2023/10/18
   CSL - Coreper letter confirming interinstitutional agreement
2023/03/30
   EP - Results of vote in Parliament
2023/03/30
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 553 votes to 10, with 20 abstentions, amendments to 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.

The matter was referred back to the committee responsible for inter-institutional negotiations.

New initiatives needed

Members recalled that according to the European Environment Agency, the 2021 ozone hole was one of the largest and deepest in recent years and was larger than the average over the last five and ten years. The recovery of the ozone layer is predicted to remain very precarious and will not be restored to its pre-1980 concentration until the middle of the 21st century.

To avoid the risk of further delays in the recovery of the ozone layer, it is necessary to ensure that existing obligations are fully implemented and that more action is taken.

Exemptions from bans

By way of derogation, the ozone-depleting substances listed in Annex I may be produced, placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge only where they are permitted to be used as feedstock .

Members suggested the following:

- the Commission should by 12 months after the date of entry into force of this Regulation, adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing a list of ozone depleting substances listed in Annex I for which the use as feedstock is permitted, the respective feedstock uses for each of those substances, and their emission level;

- by 1 January 2025 and every 2.5 years thereafter, the Commission should assess the current and future availability of alternatives to ozone depleting substances listed in Annex I for which the use as feedstock is permitted within the Union, taking into account scientific recommendations, the impacts in terms of ozone-depleting potential and the availability of more precise data on the greenhouse gas emissions from feedstock, technological developments resulting in the availability of technically feasible alternatives, and the energy use, efficiency, economic feasibility and cost of those alternatives;

- ozone depleting substances that are produced, placed on the market, and subsequently supplied or made available, whether in return for payment or free of charge, to another person within the Union for use as feedstock, may only be used for that purpose . Containers containing ozone depleting substances intended for such uses should be labelled with a clear indication that the substance may only be used for the applicable purpose.

Declaration of conformity

Members also stated that undertakings which place on the market refillable containers for ozone depleting substances should produce a declaration of conformity that includes evidence confirming the arrangements in place for the return of that container for the purpose of refilling. Those arrangements should contain binding obligations for compliance by the supplier of those containers to end-users.

The undertakings should keep the declaration of conformity for a period of at least 5 years after the placing on the market of refillable containers and shall make it available, on request, to the competent authorities of the Member States.

Labels on containers

Members believe that labels on containers of ozone-depleting substances should mention the warming potential of these substances. Where available, that information should include the global warming potential expressed both on a 100-year and 20-year timescale , to increase awareness about the short-term high global warming potential of some ozone depleting substances.

Release of ozone depleting substances and leakage checks

The amended text stipulated that undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain ozone depleting substances should ensure that the stationary equipment or systems with a fluid charge of:

(a) 3 kg or more of ozone depleting substances are checked for leakage at least once every 12 months; this should not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled substances;

(b) 30 kg or more of ozone depleting substances are checked for leakage at least once every 6 months;

(c) 300 kg or more of ozone depleting substances are checked for leakage at least once every 3 months; and any detected leakage is repaired as soon as possible and in any event within 14 days; the equipment or system should be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.

Penalties

In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or of products and equipment containing those substances or whose functioning relies upon those substances, Member States should envisage set out minimum administrative fines of at least four times the market value of the ozone depleting substances or products and equipment concerned and maximum administrative fines of at least six times the market value of the concerned substances or products and equipment concerned.

Members also consider it necessary to ensure that adequate arrangements are in place to enable whistle-blowers to alert the competent authorities to actual or potential infringements of this Regulation and to protect whistle-blowers from retaliation.

Fair transition

The text stressed that the shift towards the use of alternatives to ozone depleting substances will spur green innovation and employment. Member States should however ensure a fair and just transition, leaving no one behind, for the personnel employed by undertakings which do not succeed in the transition to such alternatives.

Review

By 1 January 2030, the Commission should present a report to the European Parliament and to the Council on the implementation and effectiveness of this Regulation. The Commission should assess in particular the availability of alternatives to ozone depleting substances for which a derogation is granted under the Regulation. The Commission should also assess the impact of this Regulation on the fight against the illegal trade of ozone depleting substances.

The European Scientific Advisory Board on Climate Change established under Regulation (EC) No 401/2009 may, on its own initiative, provide scientific advice and issue reports regarding this Regulation.

Documents
2023/03/30
   EP - Matter referred back to the committee responsible
2023/03/29
   EP - Debate in Parliament
2023/03/07
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on the Environment, Public Health and Food Safety adopted the report by Jessica POLFJÄRD (EPP, SE) 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.

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Subject matter

Members clarify that this Regulation lays down rules on the production, import, export, placing on the market, storage and further supply as well as use, recovery, recycling, reclamation and destruction of ozone depleting substances, on the reporting of information related to those substances and on the import, export, placing on the market, further supply and utilisation of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances.

It should also apply to products and equipment, and parts thereof, containing ozone depleting substances or whose functioning relies partly or entirely on those substances.

Feedstock

The report includes additions and clarifications on feedstocks. It suggested that:

- the Commission should by 12 months after the date of entry into force of this Regulation, adopt delegated acts to supplement this Regulation by establishing a list of ozone depleting substances listed in Annex I for which the use as feedstock is permitted, the respective feedstock uses

for each of those substances, and their emission level;

- by 1 January 2025 and every 2.5 years thereafter, the Commission should assess the current and future availability of alternatives to ozone depleting substances listed in Annex I for which the use as feedstock is permitted within the Union, taking into account scientific recommendations, the impacts in terms of ozone-depleting potential and the availability of more precise data on the greenhouse gas emissions from feedstock, technological developments resulting in the availability of technically feasible alternatives, and the energy use,

efficiency, economic feasibility and cost of those alternatives;

- containers containing ozone depleting substances intended for such uses should be labelled with a clear indication that the substance may only be used for the applicable purpose.

Declaration of conformity

Members also stated that undertakings which place on the market refillable containers for ozone depleting substances should produce a declaration of conformity that includes evidence confirming the arrangements in place for the return of that container for the purpose of refilling. Those arrangements should contain binding obligations for compliance by the supplier of those containers to end-users.

Release of ozone depleting substances and leakage checks

The report stressed that undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain ozone depleting substances should ensure that the stationary equipment or systems with a fluid charge of:

(a) 3 kg or more of ozone depleting substances are checked for leakage at least once every 12 months; this should not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled substances;

(b) 30 kg or more of ozone depleting substances are checked for leakage at least once every 6 months;

(c) 300 kg or more of ozone depleting substances are checked for leakage at least once every 3 months; and any detected leakage is repaired as soon as possible and in any event within 14 days; the equipment or system should be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.

Penalties

In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or of products and equipment containing those substances or whose functioning relies upon those substances, Member States should envisage set out minimum administrative fines of at least four times the market value of the ozone depleting substances or products and equipment concerned and maximum administrative fines of at least six times the market value of the concerned substances or products and equipment concerned.

Review

By 1 January 2030, the Commission should present a report to the European Parliament and to the Council on the implementation and effectiveness of this Regulation. The Commission should assess in particular the availability of alternatives to ozone depleting substances for which a derogation is granted under the Regulation. The Commission should also assess the impact of this Regulation on the fight against the illegal trade of ozone depleting substances.

Documents
2023/03/01
   EP - Vote in committee, 1st reading
2022/11/16
   EP - Amendments tabled in committee
Documents
2022/10/06
   EP - Committee draft report
Documents
2022/07/13
   CZ_SENATE - Contribution
Documents
2022/07/07
   RO_SENATE - Contribution
Documents
2022/06/24
   EP - POLFJÄRD Jessica (EPP) appointed as rapporteur in ENVI
2022/06/15
   ESC - Economic and Social Committee: opinion, report
Documents
2022/05/02
   EP - Committee referral announced in Parliament, 1st reading
2022/04/06
   EC - Document attached to the procedure
2022/04/06
   EC - Document attached to the procedure
2022/04/06
   EC - Document attached to the procedure
2022/04/06
   EC - Document attached to the procedure
2022/04/05
   EC - Legislative proposal published
Details

PURPOSE: to introduce new measures on substances that deplete the ozone layer to achieve a higher level of additional emission reductions and to align them with the European Green Deal.

PROPOSED ACT: Regulation of the European Parliament.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: due to global action taken against ozone depletion through the adoption of the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987 (the Protocol), the ozone hole is on the way to recovery, provided that compliance with existing measures is ensured and any new challenges are swiftly addressed. Most ozone depleting substances have high global warming potential and are contributory factors towards increasing the temperature of the planet.

Regulation (EC) No 1005/2009 on substances that deplete the ozone layer (ODS Regulation) is the main instrument targeting ozone-depleting substances in the EU. While the ODS Regulation is still considered generally fit for purpose, it has been suggested that it could be better aligned with the European Green Deal and its design could be slightly improved.

A significant focus of the proposal is on increasing efficiency of the existing measures, rather than creating new ones. Therefore, by introducing new measures targeting products in which ODS were legally used in the past, the EU wants to prevent the equivalent of 180 million tonnes of CO2 and 32 000 tonnes of ozone depleting potential (ODP) emissions by 2050 .

This proposed Regulation has many similarities with the proposed Regulation on fluorinated greenhouse gas which is being revised in parallel. These two Regulations must jointly ensure that the Union complies with its obligations relating to hydrofluorocarbons and ozone depleting substances under the Montreal Protocol.

PURPOSE: the draft Regulation proposed by the Commission lays down rules on the production, import, export, placing on the market, further supply as well as use, recovery, recycling, reclamation and destruction of ozone depleting substances, on the reporting of information related to those substances and on the import, export, placing on the market, further supply and use of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances.

It should apply to the ozone depleting substances listed in Annexes I and II and their isomers, whether alone or in a mixture and to products and equipment, and parts thereof, containing ozone depleting substances or whose functioning relies upon those substances.

More specifically, the proposal:

- maintains the current control system envisaged under the ODS Regulation, namely the general prohibitions on production, use and trade of ODS and products and equipment using ODS, and the applicable exemptions on a few uses where alternatives are not yet available (feedstock, process agents, essential analytical and laboratory uses);

- ensures the necessary alignments with more recent EU legislation , in particular Regulation (EU) No 517/2014 on fluorinated greenhouse gases. To ensure consistency with this Regulation, importers and producers must provide eviden ce of destruction or recovery for subsequent use of trifluoromethane produced as a by-product in the production of ODS. The proposal also clarifies that, in general, the entry in the territory of non-refillable containers is prohibited, thus under any customs procedures;

- modernises the licensing system set out in the ODS Regulation to take into account its interconnection with the European Single Window Environment for Customs, which will allow for automatic customs controls per shipment. In this setup, importers and exporters of ozone depleting substances and products using such substances will only need to apply for ‘traders’ licenses , instead of per shipment licenses, since the European Single Window Environment for Customs, enables real-time checks on each shipment automatically. Industry and authorities would benefit from cost savings due to a modernised licensing system and the end of obsolete quota and registration requirements;

- clarifies the role of customs authorities and, where relevant, of market surveillance authorities, in implementing the prohibitions and restrictions set out in the proposed Regulation and strengthens their powers to prevent illegal trade of ODS ;

- requires the recovery or destruction of ODS contained in certain types of foams used as isolation materials in building, from construction and demolition. The destruction of halons is prohibited under the proposal to ensure that, where possible, it is recovered and re-used thereby preventing the need for future production of halon for critical uses. The leakage obligations set out the ODS Regulation have been simplified taking into account the prohibition to use ODS to refill products and equipment except for the use of halons in fire protection systems for critical uses;

- improves enforcement and monitoring : measures would be introduced to tackle illegal activities, similar to those proposed in the F-gases Regulation. The scope of reporting would be extended to a wider range of substances and activities to better understand residual ODS trade, emissions and future risks;

- establishes that the level and type of administrative penalties for infringements of the Regulation must be effective, dissuasive and proportionate and should also take into account relevant criteria (such as the nature and gravity of the infringement).

Documents

  • Final act published in Official Journal: Regulation 2024/590
  • Final act published in Official Journal: OJ L 000 20.02.2024, p. 0000
  • Draft final act: 00061/2023/LEX
  • Decision by Parliament, 1st reading: T9-0001/2024
  • Debate in Parliament: Debate in Parliament
  • Text agreed during interinstitutional negotiations: PE754.933
  • Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE754.933
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)006132
  • Results of vote in Parliament: Results of vote in Parliament
  • Decision by Parliament, 1st reading: T9-0093/2023
  • Debate in Parliament: Debate in Parliament
  • Committee report tabled for plenary, 1st reading: A9-0050/2023
  • Amendments tabled in committee: PE738.632
  • Committee draft report: PE737.214
  • Contribution: COM(2022)0151
  • Contribution: COM(2022)0151
  • Economic and Social Committee: opinion, report: CES1947/2022
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SEC(2022)0157
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2022)0098
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2022)0099
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2022)0100
  • Legislative proposal published: COM(2022)0151
  • Legislative proposal published: EUR-Lex
  • Document attached to the procedure: EUR-Lex SEC(2022)0157
  • Document attached to the procedure: EUR-Lex SWD(2022)0098
  • Document attached to the procedure: EUR-Lex SWD(2022)0099
  • Document attached to the procedure: EUR-Lex SWD(2022)0100
  • Economic and Social Committee: opinion, report: CES1947/2022
  • Committee draft report: PE737.214
  • Amendments tabled in committee: PE738.632
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)006132
  • Text agreed during interinstitutional negotiations: PE754.933
  • Draft final act: 00061/2023/LEX
  • Contribution: COM(2022)0151
  • Contribution: COM(2022)0151

Votes

Substances appauvrissant la couche d’ozone - Ozone depleting substances - Stoffe, die zum Abbau der Ozonschicht führen - A9-0050/2023 - Jessica Polfjärd - Proposition de la Commission #

2023/03/30 Outcome: +: 553, 0: 20, -: 10
DE FR IT PL ES RO NL PT CZ SE HU BE IE DK SK AT HR EL LT BG LV SI FI CY EE LU MT
Total
81
65
63
48
44
25
25
19
18
19
17
17
13
14
14
17
11
13
9
7
7
7
8
6
7
5
4
icon: PPE PPE
139

Hungary PPE

1

Denmark PPE

For (1)

1

Bulgaria PPE

For (1)

1

Finland PPE

2

Cyprus PPE

2

Estonia PPE

For (1)

1

Luxembourg PPE

1

Malta PPE

For (1)

1
icon: S&D S&D
127

Netherlands S&D

4

Czechia S&D

For (1)

1

Belgium S&D

2

Slovakia S&D

Against (1)

3

Greece S&D

1

Lithuania S&D

2

Latvia S&D

For (1)

1

Slovenia S&D

For (1)

1

Cyprus S&D

2

Estonia S&D

2

Luxembourg S&D

For (1)

1
icon: Renew Renew
88

Italy Renew

2

Poland Renew

1
3

Hungary Renew

2

Ireland Renew

2

Austria Renew

For (1)

1

Croatia Renew

For (1)

1

Greece Renew

1

Lithuania Renew

1

Bulgaria Renew

For (1)

1

Latvia Renew

For (1)

1

Slovenia Renew

2

Finland Renew

1

Estonia Renew

3

Luxembourg Renew

2
icon: Verts/ALE Verts/ALE
62

Italy Verts/ALE

3

Poland Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Portugal Verts/ALE

1

Czechia Verts/ALE

3

Sweden Verts/ALE

3

Belgium Verts/ALE

3

Ireland Verts/ALE

2

Denmark Verts/ALE

2

Austria Verts/ALE

3

Lithuania Verts/ALE

2

Finland Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
54

Germany ECR

1

Romania ECR

Against (1)

1

Netherlands ECR

Against (1)

4

Czechia ECR

2

Sweden ECR

For (1)

3

Belgium ECR

2

Slovakia ECR

For (1)

1

Croatia ECR

1

Greece ECR

1

Bulgaria ECR

1

Latvia ECR

For (1)

1
icon: ID ID
53

Czechia ID

For (1)

1

Denmark ID

Abstain (1)

1

Austria ID

3

Finland ID

Abstain (1)

1

Estonia ID

Abstain (1)

1
icon: The Left The Left
28

Germany The Left

Against (1)

1

Spain The Left

2

Netherlands The Left

For (1)

1

Czechia The Left

1

Belgium The Left

For (1)

1

Denmark The Left

1

Finland The Left

For (1)

1

Cyprus The Left

2
icon: NI NI
32

Germany NI

2

Netherlands NI

Against (1)

1

Slovakia NI

Abstain (1)

2

Croatia NI

Abstain (1)

2

Latvia NI

1

A9-0050/2023 – Jessica Polfjärd – Provisional agreement – Am 74 #

2024/01/16 Outcome: +: 538, 0: 13, -: 8
DE IT FR ES PL RO NL SE PT CZ BE HU EL FI SK AT BG HR DK LT IE SI LU MT EE LV CY
Total
70
61
56
49
38
25
21
20
19
20
18
16
17
13
13
15
11
12
13
9
11
8
6
5
6
4
3
icon: PPE PPE
145

Denmark PPE

For (1)

1

Slovenia PPE

Abstain (1)

4

Luxembourg PPE

2

Malta PPE

For (1)

1

Estonia PPE

For (1)

1

Latvia PPE

2
icon: S&D S&D
110

Netherlands S&D

3

Czechia S&D

For (1)

1

Belgium S&D

2

Greece S&D

1

Slovakia S&D

For (1)

1

Bulgaria S&D

For (1)

1

Lithuania S&D

2

Slovenia S&D

2

Luxembourg S&D

For (1)

1

Estonia S&D

2

Cyprus S&D

1
icon: Renew Renew
86

Poland Renew

1
3

Hungary Renew

2

Finland Renew

3

Austria Renew

For (1)

1

Croatia Renew

For (1)

1

Lithuania Renew

1

Ireland Renew

2

Slovenia Renew

2

Luxembourg Renew

2

Estonia Renew

2

Latvia Renew

For (1)

1
icon: Verts/ALE Verts/ALE
57

Italy Verts/ALE

3

Spain Verts/ALE

For (1)

1

Poland Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Portugal Verts/ALE

1

Czechia Verts/ALE

3

Belgium Verts/ALE

3

Finland Verts/ALE

3

Austria Verts/ALE

2

Denmark Verts/ALE

2

Lithuania Verts/ALE

For (1)

1

Ireland Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
49

Spain ECR

For (1)

Against (1)

2

Netherlands ECR

Abstain (1)

4

Belgium ECR

2

Greece ECR

1

Finland ECR

1

Slovakia ECR

For (1)

1

Bulgaria ECR

2

Croatia ECR

1
icon: NI NI
39

France NI

2

Czechia NI

For (1)

1

Belgium NI

For (1)

1

Croatia NI

Against (1)

2

Lithuania NI

1

Latvia NI

1
icon: The Left The Left
32

Germany The Left

3

Netherlands The Left

For (1)

1

Sweden The Left

For (1)

1

Czechia The Left

1

Belgium The Left

For (1)

1

Finland The Left

For (1)

1

Denmark The Left

1

Ireland The Left

Against (1)

4

Cyprus The Left

2
icon: ID ID
41

Czechia ID

Against (1)

1

Belgium ID

Abstain (1)

1

Austria ID

3

Denmark ID

Abstain (1)

1

Estonia ID

Abstain (1)

1
AmendmentsDossier
174 2022/0100(COD)
2022/11/16 ENVI 174 amendments...
source: 738.632

History

(these mark the time of scraping, not the official date of the change)

events/13
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2024-02-20T00:00:00
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Act adopted by Council after Parliament's 1st reading
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Awaiting Council's 1st reading position
New
Awaiting signature of act
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2024-01-16T00:00:00
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events/10/summary
  • The European Parliament adopted by 538 votes to 8, with 13 abstentions, a legislative resolution 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.
  • The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:
  • Subject matter
  • The proposed regulation lays down rules on the production, import, export, placing on the market, storage and subsequent supply of ozone-depleting substances, as well as on their use, recovery, recycling, reclamation and destruction, and on the reporting of information related to those substances and on the import, export, placing on the market, subsequent supply and use of products and equipment containing ozone-depleting substances or whose functioning relies upon those substances.
  • Exemptions to ozone depleted substance prohibitions
  • The ozone depleted substances are prohibited in almost all cases, with only strictly limited exemptions. By way of derogation, ozone-depleting substances listed in Annex I may be produced, placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge in order to be used as feedstock .
  • The Commission should be tasked with regularly updating a list ozone-depleting substances the use of which as feedstock is banned. An assessment of the availability of alternatives for feedstock is to be primarily done at international level, under the Montreal Protocol.
  • Where no technical assessments of available alternatives to existing feedstock uses and of emission levels of existing feedstock uses carried out under the Protocol are available that provide a sufficient basis for taking a decision whether to prohibit a feedstock use, the Commission should, by 31 December 2027, make its own assessment .
  • The text should also allow, under strict conditions, ozone-depleting substances used as process agents, in laboratories and for fire protection in special applications such as military equipment and airplanes.
  • The regulation extends the requirement to recover ozone-depleting substances for destruction, recycling or reclamation . The requirement should cover refrigeration, air conditioning and heat pump equipment, equipment containing solvents, fire protection systems and fire extinguishers and other equipment if technically and economically feasible.
  • Declaration of conformity
  • The amended text stipulated that undertakings which place on the market refillable containers for ozone-depleting substances should produce a declaration of conformity that includes evidence confirming that there are binding arrangements in place for the return of those containers for the purpose of refilling, in particular identifying the relevant actors, their obligatory commitments and the relevant logistical arrangements. Those arrangements should be made binding on the distributors of the refillable containers for ozone-depleting substances to the end-user.
  • The undertakings should keep the declaration of conformity for a period of at least 5 years from the placing on the market of the refillable containers for ozone-depleting substances and should make that declaration available, upon request, to the competent authority of the Member State concerned or to the Commission.
  • Undertakings that produce, including as by-production or side-production, place on the market, supply to another person in the Union or receive from another person in the Union ozone-depleting substances intended for use as feedstock, as process agents or intended to be destroyed or reclaimed, as well as undertakings that destroy or reclaim those substances or use those substances as feedstock or as process agents, should keep records containing information for each ozone-depleting substance.
  • The undertakings should keep the records for at least 5 years after production, placing on the market, supply or receipt.
  • Recovery and destruction of used ozone-depleting substances
  • From 1 January 2025, building owners and contractors shall ensure that, during renovation, refurbishing or demolition activities implying the removal of foam panels that contain foams with ozone-depleting substances, emissions are avoided to the extent possible by handling the foams or the substances contained therein in a way that ensures the destruction of those substances. In the case of recovery of those substances, the recovery should be carried out only by appropriately qualified natural persons.
  • Release of ozone-depleting substances and leak checks
  • The amended text stipulates that operators of refrigeration and air conditioning equipment or heat pumps, or fire protection systems, including their circuits, which contain ozone-depleting substances listed in Annex I should ensure that stationary equipment or systems with a fluid charge of:
  • - 3 kg or more but less than 30 kg of ozone-depleting substances are checked for leaks at least once every 12 months, with the exception of equipment with hermetically sealed systems which are labelled as such and contain less than 6 kg of ozone-depleting substances listed in Annex I;
  • - 30 kg or more but less than 300 kg of ozone-depleting substances are checked for leaks at least once every 6 months;
  • - 300 kg or more of ozone-depleting substances are checked for leaks at least once every 3 months.
  • Penalties
  • Before 1 January 2026, Member States should notify the Commission of those rules and of those measures and should notify it, without delay, of any subsequent amendment affecting them. The penalties should be effective, proportionate and dissuasive , and should be determined while having due regard to the human population or the environment affected by the infringement.
  • The penalties should include: (i) administrative financial penalties; (ii) confiscation or seizure, or withdrawal or removal from the market, or taking possession by the competent authorities of Member States of illegally obtained goods; (iii) temporary prohibition from using, producing, importing, exporting or placing on the market the ozone- depleting substances or products and equipment containing ozone-depleting substances or whose functioning relies upon them, in the event of a serious infringement or of repeated infringements .
  • The maximum amount of the administrative financial penalty should be at least five times the market value of the ozone-depleting substances or products and equipment concerned. Where such infringements are repeated within a five-year period, the maximum amount of the administrative financial penalty should be at least eight times the market value of the ozone-depleting substances or products and equipment concerned.
  • Review
  • By 1 January 2030, the Commission should publish a report on the effects of this Regulation. The report should include an assessment of the availability of alternatives to ozone-depleting substances for uses regulated.
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  • The European Parliament adopted by 553 votes to 10, with 20 abstentions, amendments to 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.
  • The matter was referred back to the committee responsible for inter-institutional negotiations.
  • New initiatives needed
  • Members recalled that according to the European Environment Agency, the 2021 ozone hole was one of the largest and deepest in recent years and was larger than the average over the last five and ten years. The recovery of the ozone layer is predicted to remain very precarious and will not be restored to its pre-1980 concentration until the middle of the 21st century.
  • To avoid the risk of further delays in the recovery of the ozone layer, it is necessary to ensure that existing obligations are fully implemented and that more action is taken.
  • Exemptions from bans
  • By way of derogation, the ozone-depleting substances listed in Annex I may be produced, placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge only where they are permitted to be used as feedstock .
  • Members suggested the following:
  • - the Commission should by 12 months after the date of entry into force of this Regulation, adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing a list of ozone depleting substances listed in Annex I for which the use as feedstock is permitted, the respective feedstock uses for each of those substances, and their emission level;
  • - by 1 January 2025 and every 2.5 years thereafter, the Commission should assess the current and future availability of alternatives to ozone depleting substances listed in Annex I for which the use as feedstock is permitted within the Union, taking into account scientific recommendations, the impacts in terms of ozone-depleting potential and the availability of more precise data on the greenhouse gas emissions from feedstock, technological developments resulting in the availability of technically feasible alternatives, and the energy use, efficiency, economic feasibility and cost of those alternatives;
  • - ozone depleting substances that are produced, placed on the market, and subsequently supplied or made available, whether in return for payment or free of charge, to another person within the Union for use as feedstock, may only be used for that purpose . Containers containing ozone depleting substances intended for such uses should be labelled with a clear indication that the substance may only be used for the applicable purpose.
  • Declaration of conformity
  • Members also stated that undertakings which place on the market refillable containers for ozone depleting substances should produce a declaration of conformity that includes evidence confirming the arrangements in place for the return of that container for the purpose of refilling. Those arrangements should contain binding obligations for compliance by the supplier of those containers to end-users.
  • The undertakings should keep the declaration of conformity for a period of at least 5 years after the placing on the market of refillable containers and shall make it available, on request, to the competent authorities of the Member States.
  • Labels on containers
  • Members believe that labels on containers of ozone-depleting substances should mention the warming potential of these substances. Where available, that information should include the global warming potential expressed both on a 100-year and 20-year timescale , to increase awareness about the short-term high global warming potential of some ozone depleting substances.
  • Release of ozone depleting substances and leakage checks
  • The amended text stipulated that undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain ozone depleting substances should ensure that the stationary equipment or systems with a fluid charge of:
  • (a) 3 kg or more of ozone depleting substances are checked for leakage at least once every 12 months; this should not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled substances;
  • (b) 30 kg or more of ozone depleting substances are checked for leakage at least once every 6 months;
  • (c) 300 kg or more of ozone depleting substances are checked for leakage at least once every 3 months; and any detected leakage is repaired as soon as possible and in any event within 14 days; the equipment or system should be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.
  • Penalties
  • In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or of products and equipment containing those substances or whose functioning relies upon those substances, Member States should envisage set out minimum administrative fines of at least four times the market value of the ozone depleting substances or products and equipment concerned and maximum administrative fines of at least six times the market value of the concerned substances or products and equipment concerned.
  • Members also consider it necessary to ensure that adequate arrangements are in place to enable whistle-blowers to alert the competent authorities to actual or potential infringements of this Regulation and to protect whistle-blowers from retaliation.
  • Fair transition
  • The text stressed that the shift towards the use of alternatives to ozone depleting substances will spur green innovation and employment. Member States should however ensure a fair and just transition, leaving no one behind, for the personnel employed by undertakings which do not succeed in the transition to such alternatives.
  • Review
  • By 1 January 2030, the Commission should present a report to the European Parliament and to the Council on the implementation and effectiveness of this Regulation. The Commission should assess in particular the availability of alternatives to ozone depleting substances for which a derogation is granted under the Regulation. The Commission should also assess the impact of this Regulation on the fight against the illegal trade of ozone depleting substances.
  • The European Scientific Advisory Board on Climate Change established under Regulation (EC) No 401/2009 may, on its own initiative, provide scientific advice and issue reports regarding this Regulation.
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  • The Committee on the Environment, Public Health and Food Safety adopted the report by Jessica POLFJÄRD (EPP, SE) 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.
  • The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
  • Subject matter
  • Members clarify that this Regulation lays down rules on the production, import, export, placing on the market, storage and further supply as well as use, recovery, recycling, reclamation and destruction of ozone depleting substances, on the reporting of information related to those substances and on the import, export, placing on the market, further supply and utilisation of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances.
  • It should also apply to products and equipment, and parts thereof, containing ozone depleting substances or whose functioning relies partly or entirely on those substances.
  • Feedstock
  • The report includes additions and clarifications on feedstocks. It suggested that:
  • - the Commission should by 12 months after the date of entry into force of this Regulation, adopt delegated acts to supplement this Regulation by establishing a list of ozone depleting substances listed in Annex I for which the use as feedstock is permitted, the respective feedstock uses
  • for each of those substances, and their emission level;
  • - by 1 January 2025 and every 2.5 years thereafter, the Commission should assess the current and future availability of alternatives to ozone depleting substances listed in Annex I for which the use as feedstock is permitted within the Union, taking into account scientific recommendations, the impacts in terms of ozone-depleting potential and the availability of more precise data on the greenhouse gas emissions from feedstock, technological developments resulting in the availability of technically feasible alternatives, and the energy use,
  • efficiency, economic feasibility and cost of those alternatives;
  • - containers containing ozone depleting substances intended for such uses should be labelled with a clear indication that the substance may only be used for the applicable purpose.
  • Declaration of conformity
  • Members also stated that undertakings which place on the market refillable containers for ozone depleting substances should produce a declaration of conformity that includes evidence confirming the arrangements in place for the return of that container for the purpose of refilling. Those arrangements should contain binding obligations for compliance by the supplier of those containers to end-users.
  • Release of ozone depleting substances and leakage checks
  • The report stressed that undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain ozone depleting substances should ensure that the stationary equipment or systems with a fluid charge of:
  • (a) 3 kg or more of ozone depleting substances are checked for leakage at least once every 12 months; this should not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled substances;
  • (b) 30 kg or more of ozone depleting substances are checked for leakage at least once every 6 months;
  • (c) 300 kg or more of ozone depleting substances are checked for leakage at least once every 3 months; and any detected leakage is repaired as soon as possible and in any event within 14 days; the equipment or system should be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.
  • Penalties
  • In cases of unlawful production, import, export, placing on the market, or use of ozone depleting substances listed in Annex I or of products and equipment containing those substances or whose functioning relies upon those substances, Member States should envisage set out minimum administrative fines of at least four times the market value of the ozone depleting substances or products and equipment concerned and maximum administrative fines of at least six times the market value of the concerned substances or products and equipment concerned.
  • Review
  • By 1 January 2030, the Commission should present a report to the European Parliament and to the Council on the implementation and effectiveness of this Regulation. The Commission should assess in particular the availability of alternatives to ozone depleting substances for which a derogation is granted under the Regulation. The Commission should also assess the impact of this Regulation on the fight against the illegal trade of ozone depleting substances.
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docs/0
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2022-04-05T00:00:00
docs
summary
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Legislative proposal
body
EC
events/0
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2022-04-05T00:00:00
type
Legislative proposal published
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EC
docs
summary
docs/4
date
2022-06-15T00:00:00
docs
url: https://dmsearch.eesc.europa.eu/search/public?k=(documenttype:AC)(documentnumber:1947)(documentyear:2022)(documentlanguage:EN) title: CES1947/2022
type
Economic and Social Committee: opinion, report
body
ESC
committees/0
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Responsible Committee
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EP
committee_full
Environment, Public Health and Food Safety
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ENVI
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False
rapporteur
name: POLFJÄRD Jessica date: 2022-06-24T00:00:00 group: Group of European People's Party abbr: EPP
shadows
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Environment, Public Health and Food Safety
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ENVI
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shadows
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committees/1/opinion
False
docs/1/docs/0
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https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2022:0098:FIN:EN:PDF
title
EUR-Lex
docs/2/docs/0
url
https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2022:0099:FIN:EN:PDF
title
EUR-Lex
docs/3/docs/0
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https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2022:0100:FIN:EN:PDF
title
EUR-Lex
events/0/docs/1
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title
EUR-Lex
docs/0/docs/0
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EUR-Lex
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2022-04-05T00:00:00
docs
url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2022/0151/COM_COM(2022)0151_EN.pdf title: COM(2022)0151
summary
type
Legislative proposal
body
EC
events/0
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2022-04-05T00:00:00
type
Legislative proposal published
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EC
docs
url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2022/0151/COM_COM(2022)0151_EN.pdf title: COM(2022)0151
summary
commission
  • body: EC dg: Climate Action commissioner: TIMMERMANS Frans
committees/0/shadows
  • name: PLUMB Rovana group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
docs/0/docs/0/url
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2022/0151/COM_COM(2022)0151_EN.pdf
events
  • date: 2022-05-02T00:00:00 type: Committee referral announced in Parliament, 1st reading body: EP
procedure/dossier_of_the_committee
  • ENVI/9/08798
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
procedure/title
Old
Environment: substances depleting the ozone layer
New
Ozone depleting substances
docs/0/summary
  • PURPOSE: to introduce new measures on substances that deplete the ozone layer to achieve a higher level of additional emission reductions and to align them with the European Green Deal.
  • PROPOSED ACT: Regulation of the European Parliament.
  • ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
  • BACKGROUND: due to global action taken against ozone depletion through the adoption of the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987 (the Protocol), the ozone hole is on the way to recovery, provided that compliance with existing measures is ensured and any new challenges are swiftly addressed. Most ozone depleting substances have high global warming potential and are contributory factors towards increasing the temperature of the planet.
  • Regulation (EC) No 1005/2009 on substances that deplete the ozone layer (ODS Regulation) is the main instrument targeting ozone-depleting substances in the EU. While the ODS Regulation is still considered generally fit for purpose, it has been suggested that it could be better aligned with the European Green Deal and its design could be slightly improved.
  • A significant focus of the proposal is on increasing efficiency of the existing measures, rather than creating new ones. Therefore, by introducing new measures targeting products in which ODS were legally used in the past, the EU wants to prevent the equivalent of 180 million tonnes of CO2 and 32 000 tonnes of ozone depleting potential (ODP) emissions by 2050 .
  • This proposed Regulation has many similarities with the proposed Regulation on fluorinated greenhouse gas which is being revised in parallel. These two Regulations must jointly ensure that the Union complies with its obligations relating to hydrofluorocarbons and ozone depleting substances under the Montreal Protocol.
  • PURPOSE: the draft Regulation proposed by the Commission lays down rules on the production, import, export, placing on the market, further supply as well as use, recovery, recycling, reclamation and destruction of ozone depleting substances, on the reporting of information related to those substances and on the import, export, placing on the market, further supply and use of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances.
  • It should apply to the ozone depleting substances listed in Annexes I and II and their isomers, whether alone or in a mixture and to products and equipment, and parts thereof, containing ozone depleting substances or whose functioning relies upon those substances.
  • More specifically, the proposal:
  • - maintains the current control system envisaged under the ODS Regulation, namely the general prohibitions on production, use and trade of ODS and products and equipment using ODS, and the applicable exemptions on a few uses where alternatives are not yet available (feedstock, process agents, essential analytical and laboratory uses);
  • - ensures the necessary alignments with more recent EU legislation , in particular Regulation (EU) No 517/2014 on fluorinated greenhouse gases. To ensure consistency with this Regulation, importers and producers must provide eviden ce of destruction or recovery for subsequent use of trifluoromethane produced as a by-product in the production of ODS. The proposal also clarifies that, in general, the entry in the territory of non-refillable containers is prohibited, thus under any customs procedures;
  • - modernises the licensing system set out in the ODS Regulation to take into account its interconnection with the European Single Window Environment for Customs, which will allow for automatic customs controls per shipment. In this setup, importers and exporters of ozone depleting substances and products using such substances will only need to apply for ‘traders’ licenses , instead of per shipment licenses, since the European Single Window Environment for Customs, enables real-time checks on each shipment automatically. Industry and authorities would benefit from cost savings due to a modernised licensing system and the end of obsolete quota and registration requirements;
  • - clarifies the role of customs authorities and, where relevant, of market surveillance authorities, in implementing the prohibitions and restrictions set out in the proposed Regulation and strengthens their powers to prevent illegal trade of ODS ;
  • - requires the recovery or destruction of ODS contained in certain types of foams used as isolation materials in building, from construction and demolition. The destruction of halons is prohibited under the proposal to ensure that, where possible, it is recovered and re-used thereby preventing the need for future production of halon for critical uses. The leakage obligations set out the ODS Regulation have been simplified taking into account the prohibition to use ODS to refill products and equipment except for the use of halons in fire protection systems for critical uses;
  • - improves enforcement and monitoring : measures would be introduced to tackle illegal activities, similar to those proposed in the F-gases Regulation. The scope of reporting would be extended to a wider range of substances and activities to better understand residual ODS trade, emissions and future risks;
  • - establishes that the level and type of administrative penalties for infringements of the Regulation must be effective, dissuasive and proportionate and should also take into account relevant criteria (such as the nature and gravity of the infringement).