EU action on ozone layer protection
Since the 1980s, the EU has been enforcing progressively stricter rules to tackle ODS emissions in Europe. These regulations ensure that the EU consistently meets and exceeds its international obligations under the Montreal Protocol. Moreover, as many ODS are powerful greenhouse gases (GHG), EU action to curb ODS emissions also contributes to addressing climate change.
Regulation (EU) 2024/590 on ODS
Since 2010, the EU has largely phased out the production and consumption of ODS. Today, only a few specific uses of these substances are allowed, such as in chemical production of other substances, in specialised firefighting equipment or for certain laboratory uses. These exceptions exist because there are still no viable alternatives to ODS for these purposes.
The new Regulation (EU) 2024/590 on ODS, which replaces Regulation (EC) 1005/2009, with the aim of reducing ODS emissions even further and simplifying related rules. The latest regulation is expected to prevent an additional 180 million tonnes of CO2 emissions or 32,000 tonnes of Ozone Depleting Potential (ODPt) by 2050, compared to the previous regulation. These savings will ultimately contribute to achieving the goal set by the Vienna Convention and its Montreal Protocol, as well as the Paris Agreement. An annual overview of ODS data reported under the Regulation is published by the European Environment Agency.
Due to the strict restrictions on ODS, strong control measures are needed to prevent illegal activities. The Montreal Protocol mandates that all trade in ODS must be licenced. One of the main simplifications set out in the new Regulation (EU) 2024/590 implies that, from 3 March 2025, a single trade licence can cover all ODS shipments for up to three years – unlike the previous regulation which required a new licence for each shipment. Adequate control is maintained by integrating the EU ODS licensing system with the EU Single Window Environment for Customs, enabling real-time tracking of ODS imports and exports.
Key measures
The new Regulation (EU) 2024/590 on ODS includes several key requirements, including:
Prohibitions on ODS emissions
The intentional release of ODS is prohibited. Undertakings must take all necessary precautions to minimise any unintentional releases.
Prohibitions on ODS and related products and equipment
Generally, it is forbidden to use, produce, import, export, market, or supply ODS as bulk substance, as well as products and equipment containing ODS. Under strict conditions, the new regulation allows the use of bulk ODS for specific purposes, such as feedstock, certain process agents, laboratory and analytical uses, and fire protection systems and fire extinguishers. The Commission may adopt additional derogations to tackle emergency situations, such as an unexpected pest outbreak.
Electronic trade licence obligation
To monitor the trade in exempted uses, importers and exporters of ODS and related products and equipment must obtain a licence through the ODS Licensing System.
Obligations to recover ODS
When products or equipment reach the end of their life, ODS must be recovered from specific equipment. A new requirement is that emissions from some insulation foams used in old buildings containing ODS must be avoided during renovation, refurbishing or demolition activities. In other cases, ODS recovery is required if it is feasible. Recovered halons should not be destroyed, unless they cannot be recycled or reclaimed to enable the continued use of fire protection systems particularly aboard aircraft.
Monitoring and reporting
Importers, exporters, producers, destruction facilities, feedstock users and process agent users must report data on ODS annually to the Commission through the reporting tool of the European Environment Agency. Member States also have some reporting obligations on illegal trade and halons.
Enforcement requirements for Member States’ authorities
Environmental, market surveillance, and customs authorities in Member States cooperate to ensure compliance with the rules. Member States must enforce effective, proportionate, and dissuasive penalties for non-compliance with EU regulation on ODS.