Protection of the ozone layer

Results achieved at EU level and-ongoing efforts

The EU and its Member States have been ambitious in putting in place solutions to the problems caused by ozone-depleting substances (ODS), often going beyond the requirements of the Montreal Protocol. An early phase-out of HCFCs and a near phase out of CFC and methyl exempted uses have contributed significantly to the global phase out of the worst ozone depleting substances. The EU will continue to be at the forefront in negotiating a strengthened framework in light of the latest scientific knowledge.

At EU level Regulation (EC) No 2037/2000 on substances that deplete the ozone layer is the corresponding legal instrument. The provisions of this regulation are stricter than the Montreal Protocol. They set out controls for the production, trade, use, and recovery of ozone-depleting substances. They include detailed reporting requirements for these substances and a legal basis for inspections and penalties whilst also foreseeing the inclusion of new substances into the control scheme. On 1 August 2008, the Commission presented a proposal for recasting and amending the regulation in force, which must be adopted by the European Parliament and the Council.

The regulation includes an electronic licensing system for imports and exports of ODS, which also serves to prevent the illegal trade in ozone-depleting chemicals. The most recent changes to the regulation aim at improving co-operation between environmental and customs and health authorities and at encouraging Member States to find cost-effective sanctions for non-compliance.

The EU legislation has not only been very effective in controlling ozone depleting substances but also acted as a driver for the development of innovative technologies such as the development of methyl bromide alternatives, new insulation foam-blowing agents, CFC-free metered dose inhalers for the treatment of asthma, and the creation of innovative fire fighting systems on board ships and airplanes which do not use halons.

Although most ODS are no longer produced and used in new equipment, thousands of tonnes of these substances are contained in existing equipment and buildings. In many cases, it is possible to recover and dispose of these “banks” of chemicals in a safe manner. This will require the recovery systems that have been developed in certain countries to be applied more widely and appropriate incentives to be put in place. Such actions will prevent the release of these chemicals into the atmosphere and avoid significant environmental damage that would reverse much of the good work done so far. Also, countries and customs authorities must make greater efforts in working together to prevent illegal trade and to close their borders for smugglers.

These and other topics will also be studied during the on-going review of the EU ozone regulation. Moreover, the EU is currently overhauling its overarching waste legislation. Existing rules on waste cover a number of areas related to ozone-depleting substances, notably end-of-life electrical and electronic equipment, hazardous waste, waste shipments, construction waste and landfill. The links between these areas will need to be strengthened in the future to ensure that the treatment of harmful chemicals found in waste protects the ozone layer.