Synopsis
This Regulation will repeal and replace the Ozone-Depleting Substances Regulation (EC) No 1005/2009. Most of the duties remain unchanged.
The regime is extended to cover the storage and subsequent supply of ozone-depleting substances. Requirements are also applied on the removal of foam panels and laminated boards by building owners and contractors.
Summary
Regulation (EU) 2024/590 will revoke and replace the Ozone-depleting Substances Regulation (EC) 1005/2009.
Regulation (EU) 2024/590 is due to come fully into force on 3 March 2025.
This legislation will apply to EU Member States.
What will change?
A limited range of changes are made, with most duties unchanged, including on leak testing. The Regulation removes deadlines from the Ozone-depleting Substances Regulation (EC) 1005/2009 that have passed subsequently, including a ban on producing or placing hydrochlorofluorocarbons (HCFCs) on the market in most cases.
The regime is extended to cover the storage and subsequent supply of ozone-depleting substances (ODSs). The Regulation also specifically covers supplies both made for payment or free of charge. Licences will need to be arranged for storage, including for customs purposes beyond 45 days. Customs restrictions aim to prevent illegal trade in ODSs.
Scope
ODSs subject to this prohibition are defined in Annex I. Restrictions are also applied to the ODSs listed in Annex II, which are not included in the Montreal Protocol.
The list of ODSs may be updated in the future.
Foam panels and laminated boards
From 1 January 2025, building owners and contractors must ensure that emissions of Annex I ODSs are avoided when removing foam panels and laminated boards. ODSs within foams and laminated panels must be recovered by competent persons or destroyed.
Exemptions
The production, use, export or import of ODSs is banned in most cases.
Authorised uses of ODSs as feedstock are to be reviewed every four years, with the first list of authorised uses to be published by the European Commission by 31 December 2027.
The use of process agents will only be authorised for purposes listed in Annex III where these installations existed on 1 September 1997 and emissions are insignificant.
Essential and laboratory uses of ODSs listed in Annex IV may continue, subject to licensing, licence conditions and record keeping requirements.
Halons may continue to be placed on the market and used for the critical uses stated in Annex V, subject to the end dates set.
Methyl bromide remains authorised only for emergency uses
ODSs may be placed on the market for destruction or reclamation, subject to the conditions stated.
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