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European Union Policy on HCFCs

CFCs were originally invented to serve as refrigerants. Over time, they became the substances of choice in most refrigeration applications, from domestic refrigerators to large refrigeration plants in cold-stores and supermarkets. Because of their desirable properties (i.e. low toxicity, non-flammability, low price), they also became popular in other uses such as foam blowing and aerosols. Once it became clear that CFCs were potent ozone depletors which would have to be phased out, a lot of interest was directed towards a group of similar chemicals, HCFCs to serve as CFC replacements. HCFCs are currently used in many applications where CFCs were formerly used. Particularly large users are the refrigeration sector and rigid insulating foam manufacturers. In addition there is some use of HCFCs as solvents.

HCFCs may aggravate near-future ozone depletion

CFCs like HCFCs contain chlorine but also hydrogen. Because of this, HCFCs are less chemically stable than CFCs and, when emitted to the atmosphere, disappear more quickly. Current HCFC emissions will only affect the ozone layer over the next few decades, whereas CFCs will continue to deplete the ozone layer for many decades. Accordingly, HCFC's ozone depleting potential (ODP) is typically only 2-15% that of CFC's.

However, it should be noted that ODPs are calculated over a very long time-scale and during the next 10-20 years HCFCs can contribute significantly more to the ozone depletion than is reflected in their ODP-values. For instance, HCFC 141b destroys roughly two thirds as much ozone as CFC 11 during the 10 years immediately after emission. Since ozone depletion is predicted to peak around the turn of the century, the European Community believes that any further actions to reduce use and emissions of HCFCs should be thoroughly considered.

What the Montreal Protocol says about HCFCs

The Montreal Protocol requires the complete phase-out of HCFCs by 2030 in developed countries and by 2040 in developing countries. For developed countries their consumption is also capped at 2,8% of the CFC-consumption in 1989 + the HCFC consumption that year weighted in ODP-tonnes. In addition the consumption will have to be cut starting in 2004 with a 35% cut.

To further underline that HCFCs are to be seen as transitional substances the Parties to the Protocol agreed Article 2F (7):

As of 1 January 1996, each Party shall endeavour to ensure that:

  • The use of [HCFCs] is limited to those applications where no other more environmentally suitable alternative substances or technologies are not available ;
  • The use of HCFCs is not outside the areas of application currently met by [CFCs and halons], except in rare cases for the protection of human life and health ;
  • HCFCs are selected for use in a manner that minimises ozone depletion, in addition to meeting other environmental, safety and economic considerations.

Current and future EU Regulation - The Community takes the lead

HCFC use-bans

Article 5 of the European Regulation on ozone depleting substances (3093/94) contains a list of prohibited HCFC uses. This is one of the Community's main tools for implementing the Montreal Protocol and in particular article 2F (7).

The intention is to revise this list in the light of technical progress. An assessment of whether alternatives are available for a particular application involves ensuring that the alternative substance or technology is technically feasible. It also requires an economic evaluation.

Since technically and economically feasible alternatives to HCFCs have become available recently or are about to become available for almost all applications, phase-out dates could now be set for the vast majority of uses. In the ongoing revision of the Regulation 3093/94 the Commission will therefore propose new HCFC use-bans for virtually all remaining HCFC-uses. These bans will come into force during the next few years.

HCFC cap and consumption phase-down

The European Regulation goes further than the Montreal Protocol on the amount of HCFCs that may be placed on the European market. This amount is restricted to a cap corresponding to 2,6% of the 1989 CFC use + 1989 HCFC use (ODP-weighted). Under the Montreal Protocol the amount is restricted to 2,8 %.

Although the current Regulation goes further than the Protocol the Community believes more could be done. It has therefore repeatedly argued for lowering the cap to 2,0 %. This would:

  • be technically and economically possible
  • enhance the development of alternatives
  • minimise unnecessary HCFC-use.

In addition to arguing for a lowered cap, the Community also believes the cuts in HCFC consumption agreed under the Montreal Protocol could be achieved more quickly. Already under the current Regulation, the HCFC use in the Community will have to be cut earlier than requested by the Protocol while the final phase-out has been set for 2015 (2030) under the protocol (see diagram).

In the revision of the new regulation the Commission proposes that HCFC use bans shall be reflected by a corresponding decrease in the amounts of HCFCs to be placed on the European market.

HCFC Production

The Production of all ozone depleting substances except HCFCs are controlled under the Montreal Protocol. The Community believes and has repeatedly argued that the production of HCFCs should also be controlled under the Montreal Protocol. The lack of production controls creates a risk that HCFC-producing companies will heavily promote HCFCs even where they could be replaced by other less environmentally hazardous substances. There is a particular risk that, as HCFC use in developed countries is being phased out simultaneously with the first steps to phase out CFCs in developing countries, producers may try to divert any surplus HCFC-production to developing countries, thereby creating a heavy dependence on HCFCs.

To address this issue, the Community has committed itself to continue to press for production controls under the Montreal Protocol. In the meantime the Commission will consider introducing such controls unilaterally. Such a step would:

  • Send a clear message that EU-producers should not significantly increase their exports and 'dump' surplus HCFCs or HCFC-using equipment in developing countries, following a cut in the Community consumption.
  • Clearly demonstrate our international lead in phasing out HCFCs internationally and facilitate our argumentation to the Parties to the Protocol about the introduction of production controls.
  • Encourage European companies to promote alternatives to HCFCs.

Main policy-conclusions concerning HCFCs

  • HCFCs can no longer be seen as one of the solutions to the problem of ozone depletion, because they contribute to ozone depletion, and technically and economically feasible alternatives exist in most of their applications.
  • Each application of HCFCs should continuously be scrutinised and as soon as viable alternatives have been identified, the use should be phased out.
  • The cap should be lowered to 2,0% so as to promote the development of alternatives
  • The production of HCFCs should be controlled under the Montreal Protocol.
  • The Community will consider unilateral action to illustrate the feasibility of further action against HCFCs and to demonstrate its leading role in phasing out HCFCs.