European Regulations on Ozone Depleting Substances

The EU Parliament has now formally agreed that Member States will adopt EC Regulation 2037/2000 concerning Ozone Depleting Substances (ODS) to replace the previous EC Regulation 3093/94. The new Regulation is a necessary response following recent changes in the Montreal Protocol which resulted in tighter restrictions on ODS. The Regulation is applicable from the 1st October 2000.

Refrigeration and air conditioning

Chlorofluorocarbons (CFCs)

• The placing on the market of CFCs, for the maintenance or servicing of refrigeration and air conditioning equipment, shall be banned from 1st October 2000. "Placing on the market" shall mean the supplying or making available to third persons, against payment or free of charge, of CFCs or products containing CFCs.
• The use of CFCs, for the maintenance or servicing of refrigeration and air conditioning equipment, shall be banned from 31st December 2000.
• "Use" shall mean the utilisation of CFCs in the production or maintenance, in particular the refilling (topping up), of products or equipment. This does not include the employment of a CFC as a working fluid within an already existing plant.

Hydrochlorofluorocarbons (HCFCs)

• Ban on use of HCFCs in new equipment produced after 31st December 1999, as refrigerants in public and distribution cold stores and warehouses, as refrigerants in equipment of 150kW and over shaft input power (including air conditioning).
• Ban on use of HCFCs in new fixed refrigeration and air conditioning equipment produced after 31st December 2000, with the following exceptions:
  • Ban on the use of HCFCs in new fixed air conditioning equipment below 100kW cooling capacity produced after 30th June 2002.
  • Ban on the use of HCFCs in reversible cycle air conditioning/heat pump systems produced after 31st December 2003.
• The use of virgin HCFC's for the maintenance of refrigeration and air conditioning equipment shall be banned from 1st January 2010.
• The use of recycled HCFCs for the maintenance of refrigeration and air conditioning equipment shall be banned from 1st January 2015.

  Note: Before the 31st December 2008, the Commission shall review the technical and economic availability of alternatives to recycled HCFCs and will make a decision on whether to amend the date of 31st December 2015.

Foam production

Hydrochlorofluorocarbons (HCFCs)

• Ban on the use of HCFCs in the production of polyethylene rigid insulating foams and all integral skin foams for use in safety applications from 1st October 2000.
• Ban on the use of HCFCs in the production of extruded polystyrene rigid insulating foams from 1st January 2002, except where used for insulated transport.
• Ban on the use of HCFCs in the production of polyurethane foams for appliances, polyurethane flexible faced laminate foams and polyurethane sandwich panels except where the last two are used for insulated transport, from 1st January 2003.
• Ban on the use of HCFCs in the production of all foams, including polyurethane spray or block foam, foam for insulated transport, remaining polyisocynurate foams or phenolic foams from 1st January 2004.
• The new EC Regulation calls for the recovery of ODS from foams "if practicable". The recovered fluids must be destroyed or re-used, though re-use is prohibited in most cases.

Aerosols

• The use of CFCs in the production of aerosols is prohibited from the 1st October 2000. The UK non-medical industry has not used CFCs since 1995. Use of HCFCs in the production of aerosols has been banned since 1995.

HCFC Availability within the EU

The total amount of HCFCs placed on the market within the EU will be capped as follows:

• 1.1.1999 - freeze at 2.6% of CFC consumption in 1989 plus the total HCFC consumption in 1989.
• 1.1.2001 - freeze at 2% of CFC consumption in 1989 plus the total HCFC consumption in 1989.
• 1.1.2002 - 15% cut
• 1.1.2003 - 55% cut
• 1.1.2004 - 70% cut
• 1.1.2008 - 75% cut
• 1.1.2010 - HCFC phase out.

Recovery and destruction

• With immediate effect, all ODS used in refrigeration and air conditioning equipment must be recovered during service and maintenance of equipment prior to dismantling or disposing of equipment.
• After 1st January 2001 recovered CFCs must be destroyed by an environmentally acceptable technology.
• Recovered HCFCs can be destroyed or can be re-used until 1st January 2015.
• This does not apply to domestic refrigerators and freezers on disposal until 1st January 2002.

Leakages of controlled substances

• All precautionary measures practicable must be taken in order to prevent and minimise leakages.
• Fixed equipment refrigeration and air conditioning equipment containing an ozone depleting substance of charge weight greater than 3kg must be checked annually for leaks.

Personnel training and competence

• The new EC Regulation calls for each Member State to set a minimum qualification level for all personnel servicing and maintaining equipment and handling refrigerants. This must be done by the end of 2001.

Trade controls

Imports

• The import of CFCs is prohibited except in three specific circumstances:
  1. Essential uses.
  2. As a feedstock or processing agent.
  3. When controlled waste is being imported to be destroyed.
• The import of HCFCs is allowed within strict quantitative limits defined in the EC Regulation, but only after an import licence has been granted by the EU Commission.
• Products and equipment containing HCFCs can be imported until the relevant use control dates take effect.

Exports

• The HCFC use controls do not apply to the use of HCFCs for the production of products for export to States Party to the Montreal Protocol where the use of HCFCs is still permitted, until 31st December 2009. Thereafter the export of products and equipment containing HCFCs is prohibited. Export of HCFCs to any State not party to the Montreal Protocol shall be prohibited from 1st January 2004.
• Exporters of HCFCs will require an export authorisation from The European Commission for all exports from 1st January 2001.

Penalties

• Member States shall determine the necessary penalties applicable to breaches of the Regulation. The penalties shall be effective, proportionate and dissuasive. Member States shall notify the provisions regarding penalties to the Commission by 31st December 2000 at the latest.