Disclaimer: This is provided for informational purposes only. The following guidance is intended to contribute to a better understanding of the EU rules on ozone layer protection. Only the text of Regulation (EU) 2024/590 and its related implementing acts hold legal authority. The binding interpretation of EU legislation is the exclusive competence of the Court of Justice of the European Union.
Note: This section also provides essential information for businesses and stakeholders on compliance, reporting, and environmental benefits related to ODS.
The ozone layer is a natural layer of gas, located in the upper atmosphere, which protects humans and other living beings from the harmful ultraviolet (UV) rays of the sun. Although ozone (O3) is present throughout the atmosphere, most ozone (about 90%) is found in the stratosphere, in a layer between 10 and 50 km above the surface of the earth. This ozone layer performs the essential task of filtering out most of the sun's biologically harmful UV radiation.
Concentrations of ozone in the atmosphere vary naturally according to temperature, weather, latitude and altitude. Furthermore, substances released in the atmosphere during natural events such as volcanic eruptions can have measurable impacts on ozone levels. However, natural phenomena cannot explain the current levels of ozone depletion.
Scientific evidence shows that certain man-made chemicals are responsible for the creation of the Antarctic “ozone hole” and global ozone depletion in general. These chemicals are industrially-produced gases called ozone-depleting gases (ODS). In the past, they were commonly used in a range of products and applications including aerosol sprays, refrigerators, air conditioners, fire extinguishers, and crop fumigation.
ODS are broken down by sunlight in the stratosphere, producing halogen (e.g., chlorine or bromine) atoms, which subsequently destroy ozone through a complex catalytic cycle. Ozone destruction is most severe at the South pole where extremely low stratospheric temperatures in winter lead to the formation of polar stratospheric clouds. Ice crystals in these clouds offer a large surface area for chemical reactions, accelerating catalytic cycles. Because ozone destruction requires sunlight, the process intensifies during springtime, when solar radiation levels at the pole are highest, and polar stratospheric clouds persist.
Ozone destruction primarly occurs in late winter and early spring (from August to November in that region), with peak depletion usually occuring in early October. During this time, the ozone is often completely destroyed over large areas in the stratosphere, creating what is known as the “ozone hole”. This severe depletion can be observed in satellite images of total Antarctic ozone.. In most years, the maximum area of the ozone hole exceeds the size of the Antarctic continent itself. You can find videos on the formation of the ozone hole in recent years on the Copernicus website.
While ozone losses are less extensive in the Northern Hemisphere, significant thinning of the ozone layer is still observed over the Arctic and even continental Europe. The extent of ozone loss over the Arctic varies considerably from year to year due to its unique climatic and geographical conditions. Nevertheless, in March 2011, severe depletion similar to the Antarctic ozone hole was observed over the Arctic and parts of Europe for the first time.
Ozone depletion has several effects on health, the environment and the economy.
Health effects
Increased UV levels at the Earth's surface are harmful to human health. These negative effects include a higher incidence of certain types of skin cancers, eye cataracts and immune deficiency disorders. More UV reaching the surface can also worsen air quality by facilitating the formation of ground-level ozone, which causes respiratory illnesses.
Environmental effects
UV impacts both terrestrial and aquatic ecosystems, affecting growth, food chains, and biochemical cycles. In particular, aquatic life just below the water’s surface, which is crucial for the food chain, suffers from high levels of UV radiation. UV rays also harm plant growth, reducing agricultural productivity. Furthermore, stratospheric ozone depletion alters the temperature distribution in the atmosphere, resulting in a variety of environmental and climatic impacts.
Economic effects
Increased health costs are the most significant direct economic impact of increased UV radiation. Treating millions of additional cases of skin cancer and eye cataracts poses a challenge to health care systems, particularly in less developed countries. Increased UV radiation also reduces the lifespan and tensile properties of certain plastics and fibres. Indirect economic impacts include a range of additional costs, including those associated with reduced fish stocks and tackling climate change in general.
While the situation has improved thanks to global regulations on ODS, severe ozone depletion persists. This is because ODS remain in the atmosphere for many years or even decades, continuing to cause harm. However, since the release of ODS is decreasing, the first signs of ozone layer recovery have become visible. Because of the long-lasting nature of ODS, scientists predict that the ozone layer will return to its pre-1980 conditions – before the formation of the ozone hole – by approximately 2066 in the Antarctic, by 2045 in the Arctic and by 2040 for the rest of the world.
As ODS are present in some older types of equipment and appliances, raising awareness on how to deal with these is crucial. Here are some practical measures individuals can take to help protect the ozone layer:
- When disposing of old refrigerators and air conditioners, make sure they are taken to a recycling facility. Be careful not to damage the cooling circuit, as it contains the ODS. Although few of these appliances with ODS remain in use, proper disposal will also prevent the release ofat ODS replacement gases, which are potent greenhouse gases.
- When renovating your house, make sure that any old insulation foams containing ODS are properly processed to prevent emissions. This will ultimately lead to the destruction of the ODS or its replacement gas, as required by Regulation (EU) 2024/590.
Ozone depleting substances (ODS) are regulated by Regulation (EU) 2024/590. This regulation allows the EU to enforce and exceed the requirements of the Montreal Protocol. The Regulation bans the substances listed in Annex I for nearly all uses, with only a few strict exemptions. For the exempted cases, the Regulation established licensing, reporting and record-keeping requirements. You can find further information on Regulation (EU) 2024/590 on our dedicated page and in these FAQs. If you have any questions, you can contact the European Commission and your national competent authority.
Import and export of ODS, as well as products and equipment containing ODS, are generally prohibited for the substances listed in Annex I of Regulation (EU) 2024/590. However, the Regulation allows a few uses of such substances, such as import and export for feedstock, laboratory, and analytical uses. Other uses of ODS include the application as process agents or in certain specialised firefighting situations, such as on airplanes or within the military sector. Import and export for these exempted uses must be licensed and comply with reporting requirements, as detailed below.
To monitor the trade of ODS for exempted uses, importers and exporters of substances listed in Annex I of Regulation (EU) 2024/590, along with related products and equipment, must obtain a licence through the ODS Licensing System. This licensing requirement does not apply to substances listed in Annex II of the Regulation or their related products and equipment.
To start trading, you first need to submit a registration request in the system. Once your registration is approved by the European Commission, you will be able to apply for import/export licences for specific uses, which are valid for three years. The licence number must be mentioned in your customs declaration. See Article 16 of Regulation (EU) 2024/590 and visit our Business Portal for more information on licensing.
If you import or export ODS as bulk substances, you must submit a report on your activities for the calendar year following the trade.This reporting requirementapplies to substances listed in both Annex I and II of Regulation (EU) 2024/590, although no licensing is needed for Annex II substances.
The reporting period normally begins at the end of January or beginning of February and concludes on 31 March, as established by the Regulation. If you import/export ODS products and equipment, such as halon fire extinguishers for aircrafts, you need to apply for a licence but do not have annual reporting obligations. See Article 24 of Regulation (EU) 2024/590 and visit our Business Portal for more information on reporting.
To apply for a licence and/or to submit your report, please visit our Business Portal and register in the ODS Licensing System. If you have any questions, you can contact the European Commission and your national competent authority.
Following Brexit, the Windsor Framework applies:
- No licence is required for ODS trade between EU Member States and Northern Ireland.
- A licence is required for ODS trade between Great Britain and the EU or Northern Ireland.
Undertakings located in Northern Ireland can register in the ODS Licensing System without appointing an EU-only representative.
‘Feedstock’ refers to ODS that undergoes chemical transformation, completely changing its original composition with minimal emissions. ODS can be produced, marketed, and then supplied or made available to others within the EU, either for free or for payment, to be used as feedstock. See Article 6 of Regulation (EU) 2024/590 and visit our dedicated page on ODS legislation for more information on feedstock.
A licence is required for trading substances listed in Annex I of the Regulation for feedstock uses (import/export from the EU). This licence must be obtained through the ODS Licensing System, accessible via our Business Portal. However, if the ODS is acquired for feedstock use within the EU, a licence is not necessary.
There are annual reporting requirements for any undertaking that imports, exports, produces, or uses ODS as feedstock (including substances from both Annex I and Annex II). These companies must register in the ODS Licensing System and can then submit their reports using a dedicated reporting tool provided by the European Environment Agency (EEA). The reporting period normally begins at the end of January or beginning of February and concludes on 31 March, which is the reporting deadline. See Articles 16 and 24 of Regulation (EU) 2024/590 and visit our Business Portal for more information on licensing and reporting.
If you have any questions, you can contact the European Commission and your national competent authority.
‘Process agents’ refers to ODS used in specific chemical processes, as listed in Annex III of Regulation (EU) 2024/590. These uses are allowed in installations that existed as of 1 September 1997, provided that their ODS emissions are minimal. See Article 7 of Regulation (EU) 2024/590 for more information on process agents. All installations allowed to use ODS as process agents are listed in Implementing Decision 2014/8/EU. However, Annex III of the Regulation limits the types of process agent uses allowed. These installations must adhere to the maximum annual limits for ODS consumption and emissions.
A licence is required for trading ODS for process agent uses (import/export from the EU). This licence must be obtained through the ODS Licensing System, accessible via our Business Portal. If the ODS is acquired for process agent use within the EU, a licence is not necessary.
There are annual reporting requirements for any undertaking that imports, exports, produces, or uses ODS as process agents. These companies must register in the ODS Licensing System and can then submit their reports using a dedicated reporting tool provided by the European Environment Agency (EEA). The reporting period normally begins at the end of January or beginning of February and concludes on 31 March, which is the reporting deadline. See Articles 16 and 24 of Regulation (EU) 2024/590 and visit our Business Portal for more information on licensing and reporting.
If you have any questions, you can contact the European Commission and your national competent authority.
ODS can be produced, marketed, and then supplied or made available to others within the EU for free or for payment, to be used for essential laboratory and analytical uses. See Regulation (EU) No 291/2011 for more information on these uses.
A licence is required for trading substances listed in Annex I of the Regulation for laboratory and analytical uses (import/export from the EU). This licence must be obtained through the ODS Licensing System, accessible via our Business Portal. If the ODS is acquired within the EU, a licence is not necessary. However, you must keep records of your activities as supplier and/or user of ODS listed in Annex I for at least five years, as required by Article 8 of Regulation (EU) 2024/590. Please note that the LabODS Registry database from the previous Regulation (EC) No 1005/2009 has been discountinued.
There are annual reporting requirements for any undertaking that imports, exports, and produces ODS (including substances from both Annex I and Annex II) for laboratory and analytical uses. These companies must register in the ODS Licensing System and can then submit their reports using a dedicated reporting tool provided by the European Environment Agency (EEA). The reporting period normally begins at the end of January or beginning of February and concludes on 31 March, which is the reporting deadline. See Articles 16 and 24 of Regulation (EU) 2024/590 and visit our Business Portal for more information on licensing and reporting.
If you have questions, you can contact the European Commission and your national competent authority.
Registration in the ODS Licensing System is required for those that need a trade licence for substances listed in Annex I of Regulation (EU) 2024/590 and/or need to submit an annual report for Annex I and/or Annex II substances.
- Import and export (including transit) of bulk ODS
If your company is importing or exporting (including transit) ODS listed in Annex I of the Regulation for the following uses, you must register to get trade licences and to submit your annual report:
- Feedstock uses
- Process agent uses
- Essential laboratory and analytical applications
- Critical uses of halons
- Destruction or reclamation of ODS
- Emergency use of methyl bromide (requires an authorisation)
For import and export of Annex II substances you do not need a licence, but you must register in the ODS Licensing System to submit your annual report.
- Import and Export (including transit) of ODS-containing products and equipment
If your company is importing or exporting (including transit) products and equipment containing or relying on Annex I substances for the following uses, you need to register to get trade licences (reporting is not required):
- Products and equipment containing halons for critical uses
- Products and equipment containing ODS for destruction
- Products and equipment containing ODS for essential laboratory and analytical uses
For import/export of products and equipment containing or relying on Annex II substances, there are neither licensing nor reporting requirements.
- Other entities that need to report
Additionally, the following companies dealing with ODS in bulk (both Annex I and Annex II substances) must register in the ODS licensing system for reporting purposes:
- Producers of ODS
- Destruction facilities that destroy ODS
- Feedstock users that use ODS
- Process agent users that use ODS
To register in the ODS Licensing System, entities must:
- Create an EU Login account
- Login to the ODS Licensing System
- Complete the registration form with the necessary details
- Submit it for review by the European Commission
- The registration form must be kept updated to remain valid
Undertakings with an establishment outside the EU must appoint an only representative with an establishment within the Union that assumes the full responsibility for compliance with Regulation (EU) 2024/590 in order to register in the ODS Licensing System. The only representative may be the same as the one appointed pursuant to Article 8 of Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).
Guidelines about the use of the ODS Licensing System are available on our dedicated page. If you have any questions, you can contact the European Commission and your national competent authority.
To apply for an import/export licence through the ODS Licensing System, you first need to submit your registration request on the dedicated page. Once the European Commission has approved your registration, you will be able to apply for import/export licences. The licence number must be mentioned in your customs declaration. See Article 16 of Regulation (EU) 2024/590 and visit our Business Portal for more information on licensing. A quick guide on licensing is available in the help section of the ODS Licensing System.
A licence for import/export/transit of ODS, as well as ODS products and equipment, that is granted through the ODS Licensing System is valid for three years. Within the licence validity period, an undertaking can use it multiple times for the goods and uses described in the licence. See Article 16 of Regulation (EU) 2024/590 and visit our Business Portal for more information on licensing.
A printout of your licence is just for information purposes. Only the electronic licence available in the ODS Licensing System is valid for clearance.
Undertakings must provide the following in their customs declaration:
- Their registration identification number available in their profile in the ODS Licensing System
- The number of their valid licence
- The commodity code (CN) under which the goods are classified
- The net mass of ozone-depleting substance(s), also when included in products and equipment
- The net mass multiplied by the ODP of the ozone-depleting substance(s), also when included in products and equipment.
See Article 17(3) of Regulation (EU) 2024/590 for more information on the requirements of your customs declaration. If you have any questions, you can contact the European Commission and your national competent authority.
If you have reporting obligations under Regulation (EU) 2024/590, you need to register in the ODS Licensing System and submit your reports via a dedicated reporting tool provided by the European Environment Agency (EEA). The reporting period normally beings at the end of January or beginning of February and concludes on 31 March, which is the reporting deadline. See Article 24 of Regulation (EU) 2024/590 and visit our Business Portal for more information on reporting. If you have any questions, you can contact the European Commission and your national competent authority.