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Guidance on EC Regulation No 1005/2009 on substances that deplete the ozone layer

 

Ozone Depleting Substances

 

This webpage is intended to provide a brief overview of EC Regulation 1005/2009 on ozone depleting substances (ODS) (EC Ozone Regulation) which came into force on 1st January 2010. The EC Ozone Regulation supersedes the previous regulation, EC 2037/2000.

 

Substances that fall under the EC Ozone Regulation are chemicals that can damage the Earth’s ozone layer if they escape into the upper atmosphere and include chlorofluorocarbons (CFCs), halons and hydrochloroflurocarbons (HCFCs).

 

Background/Introduction:

 

The principle objective of the EC Ozone Regulation is to phase out and control remaining uses of ODS and gives effect to the EC’s obligations under the Montréal Protocol and in some instances, goes beyond them.

 

The previous regulation phased out 99.5% of ODS previously produced in the European Community including the complete phase out of CFCs and halons, although some essential uses still remain. Many applications of HCFCs have also been phased out with the remainder to be phased out between 2010 and 2015.

 

The scope for further environmental gains to be achieved by further production controls is therefore limited. The new EC Ozone Regulation has simplified existing provisions and addresses future policy challenges relevant to ozone recovery such as identifying measures to stop the considerable quantities of ODS in existing products and equipment escaping into the upper atmosphere.

 

The Department for Environment, Food and Rural Affairs (Defra) is the lead Government Department on ODS policy.

 

 

Documents and Links:

 

The EC Ozone Regulation 1005/2009 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:286:0001:0030:EN:PDF

 

What new measures are there under the EC Ozone Regulation?

 

Under the EC Ozone Regulation there are a number of new obligations including:

 

  • A requirement to recapture 80% of methyl bromide used for quarantine and pre-shipment applications
  • A ban on the use of methyl bromide for quarantine and pre-shipment applications from 19 March 2010
  • A tightening up of existing export bans for equipment not only containing but also relying on controlled substances
  • A requirement for users of controlled substances and process agents to report on use, stocks, processes and emissions 
  • A ban on the export of CFCs for use in Meter Dose Inhalers
  • A ban on the production, import, placing on the market, use and export of Dibromodifluoromethane
  • A reporting requirement on the production, import, placing on the market, use and export of a number of specific substances (including n-propyl bromide)
  • Labelling of controlled substances placed on the market for feedstock/process agents and laboratory uses as well as reclaimed HCFCs
  • (*) Harmonisation of leakage checking requirements with that of the F Gas Regulation http://www.berr.gov.uk/whatwedo/sectors/sustainability/fgases/page28889.html
  • Additional restrictions on the use of recycled HCFCs
  • Licensing of all imports and exports and information requirements

 

The EC Ozone Regulation gives the European Commission the power to establish an Annex listing products and equipment for which recovery will be mandatory. A full economic assessment of the impact of such a measure is underway and envisaged to be completed in 2010. In response to this, Defra has also commissioned a domestic study to look at the environmental impacts and costs associated with the recovery and destruction of building foams containing ODS in UK building stock. This report is expected to be published early next year.

 

In addition, a review is underway looking at critical uses of halon. This is envisaged to be completed by spring 2010.

 

GB Ozone Regulations:

 

A consultation on proposals for GB offences and penalties legislation in relation to EC Regulation 1005/2009 is currently underway.

http://www.defra.gov.uk/corporate/consult/ozone/letter.htm . Responses should be received by 9th March 2010.

 

UK Government Guidance and F gas Support

 

Information sheets have been published which provide guidance on compliance with the EC Ozone Regulation in relation to individual industry sectors.

 

Information sheets by sector http://www.defra.gov.uk/environment/quality/air/fgas/sectors/index.htm

 

F-Gas Support is a Government funded team set up to help organisations understand their obligations under both the EC F gas and Ozone Regulations. F-Gas Support is being run on behalf of Defra and the DAs by LACORS and Enviros.

Minutes of ODS/FGas Industry Stakeholder meetings can be found on BIS's FGas webages.

Contacts:

 

Anyone who would like to be included on the ODS stakeholder list for invites to stakeholder meetings or occasional mailings on the EC or GB ODS Regulations should send their details to: helen.huxtable@bis.gsi.gov.uk

 

Enquiries relating to ODS should be sent to:

 

F-Gas Support: PO Box 481, Salford, M50 3UD

Telephone Helpline: 0161 874 3663

Email: fgas-support@enviros.com

Website: www.defra.gov.uk/fgas

 

Department for Business, Innovation & Skills, Environmental and Technical Regulation Directorate

Helen Huxtable

Telephone: 0207 215 0884

Email: helen.huxtable@berr.gsi.gov.uk

 

Department for Environment, Food and Rural Affairs, Ozone and F gas Team

Elizabeth Chrominska

Telephone: 0207 238 3163

Email: elizabeth.chrominska@defra.gsi.gov.uk











 


 

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