EFCTC initial observations on the Ozone Regulation proposal
The European Commission issued the proposal for a revised regulation on substances that deplete the ozone layer at the same time as the F-gas proposal. The current Regulation (EC) No 1005/2009 is the main instrument targeting ODS in the EU and was concluded to be generally fit for purpose but could be better aligned with the European Green Deal and its design could be slightly improved and include stronger enforcement.
EFCTC fully supports the objectives of the ODS Regulation (EC) No 1005/2009, which has significantly contributed to the global effort protecting the ozone layer. As stated in the ‘Support study for the evaluation of Regulation (EC) No 1005/2009) the achievements of the EU in reducing the emission of ozone depleting substances (ODS) have been very successful since 1986, leading to a reduction of ODS emissions by more than 99%. Many ozone depleting substances also have a high global warming potential and EFCTC welcomes the new proposal in response to the urgency for climate action. The EU increased its climate ambition through Regulation (EU) No 2021/1119 (the European Climate Law).
The licensing system in the current Regulation on imports and exports of ozone depleting substances is a very important requirement for monitoring trade and preventing illegal activities. The proposal has improved the process to make it more appropriate and simplified. EFCTC considers the new provisions on the licencing system an important step forward. Furthermore, the interconnection of the electronic licensing system for ozone depleting substances with the European Union Single Window Environment for Customs will allow real-time controls.
The provisions within the new proposal in relation to the feedstock, process agent and laboratory essential uses do not make major changes although the new proposed articles are more detailed and precise. Adequate collection, recovery and destruction of ODS substances is important to prevent further emissions on the environment. From environmental perspective the requirements in the new ODS proposal will contribute to enable the EU to reach its environmental goals.
The new proposal allows the Commission to adopt delegated acts to include under the reporting requirements any substances that are not covered by this Regulation but have been found by the Scientific Assessment Panel (‘SAP’), established under the Montreal Protocol, or by another recognised authority of equivalent stature to have a significant ozone-depleting potential. While this option is included in the existing ODS Regulation, EFCTC would propose including a measure equally enabling the removal of substances from Annex II based on scientific evidence.
The proposed new reporting requirements requires the reporting of any emissions, including those related to production, by-production, storage and transport, including the transfer from one container to another. EFCTC intends to seek clarification on the requirement for emissions reporting to ensure that it is practical, robust and well-defined.