WHAT IS THE AIM OF THE REGULATION?
Regulation (EU) 2024/590 aims to:
It does so by setting rules for ozone-depleting substances in the following areas:
- production, import, export, placing on the market, storage and supply;
- use, recovery, recycling, reclamation1 and destruction;
- information reporting on the substances and on products and equipment containing them.
The regulation repeals Regulation (EC) No 1005/2009 (see summary) in three phases, with the final one ending on 31 December 2024.
KEY POINTS
The regulation applies to:
- the ozone-depleting substances listed in Annexes I and II and their isomers2 whether alone or contained in mixtures;
- products and equipment containing or relying on ozone-depleting substances.
It bans:
- producing, placing on the market, supplying or making available within the European Union (EU), for payment or free of charge, the ozone-depleting substances listed in Annex I, along with their use;
- the import or export of the ozone-depleting substances listed in Annex I.
Exemptions
The regulation allows the use of ozone-depleting substances in the following limited cases:
- feedstocks to produce other substances;
- process agents in the processes listed in Annex III in installations existing on 1 September 1997 and whose emissions are insignificant – there is a list of approved installations, maximum quantities that may be used and maximum emission levels for each of the undertakings concerned;
- essential laboratory and analytical uses, provided that companies making the substances available or using them keep records for 5 years of the quantities involved, their use and details of purchasers and suppliers; Annex IV lists further conditions;
- the critical use of halons in certain categories of equipment until the dates specified in Annex V – the equipment must be decommissioned by the end dates specified in the annex;
- the emergency use of methyl bromide in unexpected outbreaks of particular pests or diseases, if authorised by the European Commission;
- products and equipment related to exempted critical uses and to laboratory and analytical uses;
- destruction or reclamation;
- imports and exports linked to the above cases.
Conditions for exemptions
The regulation applies the following rules to exemptions:
- non-refillable containers are generally prohibited except in relation to essential laboratory and analytical uses – in general, they may only be stored or transported for subsequent disposal;
- ozone-depleting substances may only be placed on the market if there is a declaration of conformity showing that any trifluoroethane produced as a by-product of the production of such substances has been destroyed or recovered for subsequent use, using best available techniques;
- other requirements for producers and importers of the substances include clear labelling and supporting documentation.
Trade
The regulation establishes an electronic licensing system for the ozone-depleting substances listed in Annex I and for the products and equipment using them. Imports (except in the case of temporary storage) and exports require a valid licence.
- The Commission:
- sets up and manages the system;
- ensures interconnection of the system with the EU single window environment for customs;
- determines what trade may be permitted with countries or regional economic integration organisations and territories not covered by the Montreal Protocol.
- Companies:
- must be registered in the system before applying for a licence; Annex VII sets out the rules and procedures;
- exporting ozone-depleting substances must ensure the trade is not illegal and does not undermine the destination country’s efforts to comply with the Montreal Protocol.
- Licences:
- are time limited;
- may be issued to companies inside and outside the EU – the latter must designate a sole representative within the EU;
- are suspended for non-compliance with the regulation.
- Customs and market surveillance authorities enforce the bans and restrictions applied to imports and exports.
Emission control
- Recovery and destruction measures require the following.
- Ozone-depleting substances in refrigeration devices, air-conditioning equipment and heat pumps, and equipment containing solvents or fire protection systems and fire extinguishers, must be recovered for destruction, recycling or reclamation when being serviced or being dismantled, unless allowed under other EU legislation.
- From 1 January 2025, building owners and contractors must avoid emissions as much as possible when removing foam panels and laminated boards containing ozone-depleting substances. If this is not feasible, they must provide supporting documentation, which they must keep for 5 years.
- Halons in fire protection systems and extinguishers must not be destroyed unless evidence shows that the purity of the recycled substance does not allow its reuse.
- Rules on the release of ozone-depleting substances and on leak checks state the following.
- Intentional release of ozone-depleting substances into the atmosphere is banned when not technically necessary for a use allowed by the regulation.
- Companies must take every precaution to prevent and minimise any leaks during production.
- Operators must check refrigeration devices, air-conditioning equipment, heat pumps and fire protection systems for leaks every 12, 6 or 3 months, depending on the size of the equipment. Any leakage detected must be repaired without undue delay.
Additional measures
The Commission has the power to adopt delegated and implementing acts to amend the legislation.
From 30 June 2024, EU Member States must report annually to the Commission:
- the quantities of halons installed, used or stored for critical purposes;
- cases of illegal trade.
From 31 March 2025, companies must report annually to the Commission the data listed in Annex VI for each ozone-depleting substance used.
National authorities must:
- cooperate with each other, report any infringements and exchange information through the customs risk management system;
- carry out checks without any prior warning to ensure companies comply with the legislation.
Penalties in Member States must take account of the gravity of the offence and lay down rules for:
- fines;
- confiscation, seizure, withdrawal or removal from the market and confiscation of goods obtained illegally;
- a temporary ban on the relevant substances.
By 1 January 2030, the Commission must publish a report on application of the regulation.
FROM WHEN DOES THE REGULATION APPLY?
The regulation entered into force on 11 March 2024. Most of the rules applying to the electronic licensing system apply from 3 March 2025, as does the rule for authorities communicating information regarding customs clearance of goods to the licensing system via the EU single window environment for customs.
BACKGROUND
For further details, see:
KEY TERMS
- Reclamation. Reprocessing of a recovered ozone-depleting substance to a level as if it were new.
- Isomers. Chemical compounds that have identical chemical formulae but differ in properties and the arrangement of atoms in the molecule.
MAIN DOCUMENT
Regulation (EU) 2024/590 of the European Parliament and of the Council of 7 February 2024 on substances that deplete the ozone layer, and repealing Regulation (EC) No 1005/2009 (OJ L, 2024/590, 20.2.2024).
RELATED DOCUMENTS
Regulation (EU) 2022/2399 of the European Parliament and of the Council of 23 November 2022 establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 (OJ L 317, 9.12.2022, pp. 1–23).
Successive amendments to Regulation (EU) 2022/2399 have been incorporated into the original text. This consolidated version is of documentary value only.
Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (European Climate Law) (OJ L 243, 9.7.2021, pp. 1–17).
Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, pp. 1–44).
See consolidated version.
Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions – The European Green Deal (COM(2019) 640 final, 11.12.2019).
Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, pp. 1–101).
See consolidated version.
Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, pp. 1–123).
See consolidated version.
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).
See consolidated version.
Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, pp. 1–50).
See consolidated version.
Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, pp. 1–1355).
See consolidated version.
Council Decision 88/540/EEC of 14 October 1988 concerning the conclusion of the Vienna Convention for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone layer (OJ L 297, 31.10.1988, pp. 8–9).
