Ozone Depleting Substances Legislation


CFCs and HCFCs are controlled under the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer and its subsequent amendments and adjustments.


After 7 years of discussions at Montreal Protocol meetings, the 28th Meeting of the Parties (MOP28) to the Montreal Protocol, held in Kigali, Rwanda, in October 2016, has adopted an amendment for a global cap and reduction for HFC consumption and production on a GWP-weighted basis.
The Kigali Amendment is available here https://treaties.un.org/doc/Publication/CN/2016/CN.872.2016-Eng.pdf

The latest September MOP (Meeting of the Parties) of the Montreal Protocol has decided Adjustments to the Protocol which should accelerate the freeze year and the phase-out of HCFCs in developed and developing countries.

 Note that these Adjustments would not affect significantly EU countries, as Regulation 2037/2000 had already more stringent provisions (sale and use of virgin HCFCs in the EU to be banned from 1 January 2010). The following table compares present and future HCFC control commitments of non-Article 5 (developed country) Parties and Article 5 (developing country) Parties. The entry into force of the Adjustments will happen 6 months after their official communication to the Parties, and is expected before June 2008.


Recast of Ozone regulation is published

The recast of the Ozone Regulation (EC/1005/2009) has now been published and came into force on 1st January 2010.

In addition to implementing the ban on the use of virgin hydrochlorofluorocarbons (HCFCs) the recast will bring in some new requirements, such as record keeping and the need to label systems. For guidance on these changes see Information Sheets RAC 3 & 8. These sheets have recently been updated to provide more detail on the new requirements.

See: http://www.defra.gov.uk/environment/quality/air/fgas/srac/

and: http://www.defra.gov.uk/environment/quality/air/fgas/

Regulation of the European Parliament and of the Council on Substances that Deplete the Ozone Layer (recast)

After its adoption by the EU Parliament, the Council has adopted the final text of the recast Regulation EC 1005/2009 in July 2009.

The main objectives of the Revision are to simplify the legislation in force, to ensure the continued compliance of Member States with the Montreal Protocol 2007 adjustments, and to address future challenges.

Changes to the current legislation :

  • Removing obsolete provisions and procedures e.g. on essential and critical uses of ozone depleting substances (ODS)
  • Bringing forward the production phase-out of hydrochlorofluorocarbons (HCFCs) from 2025 to 2020 in line with the recent decision under the Montreal Protocol.
  • Introducing amendments to facilitate enforcing and preventing the illegal trade or use of ODS in the EU
  • Tackling ODS contained in refrigeration equipment and in building insulation foams, by tightening leakage control and provisions on end-of-life recovery and destruction.