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IRI July 20, 2017 0 Comments

The European Commission has begun an evaluation of the effectiveness
of the EU law on substances that deplete the ozone layer, the ODS
Regulation, which could lead to a revision of the law.

The ‘fitness check’ will also look at whether the legislation remains
relevant, particularly provisions allowing exemptions, in light of
developments such as the availability of new alternatives to
ozone-depleting substances, according to a new Commission ‘roadmap’
setting out the plans.

The 2010 ODS Regulation is the most recent piece of core EU
legislation to implement the Montreal Protocol, in force since 1989,
which seeks to phase out substances such as chlorofluorocarbons
(CFCs), hydrochlorofluorocarbons (HCFCs), halons, carbon
tetrachloride and methyl bromide.

Exemptions to the ODS regulation are only allowed in specified areas
where alternatives are not available, such
as essential laboratory
and analytical use and other “critical” uses, with the bulk used as
feedstocks and process agents in the chemical industry.

A general derogation allowing the limited production and marketing of
HCFCs is due to expire on 31 December 2019.

The review will also take in separate regulations setting out rules
for process agent users and stipulating quota allocation procedures.
The EU executive, which last Friday opened a call for initial
feedback over the four weeks to 11 August, also seeks to identify any
areas of overlap with other EU legislation.

A separate EU regulation restricts the use of hydrofluorocarbons
ise-temporarily (HFCs), which were developed as a substitute for
ozone-depleting substances. It was in place shortly before these
greenhouse gases were brought under the Montreal protocol with
the signing of the Kigali amendment
nhouse-gases-agreed last October.

In addition to assessing its compatibility with the aims of the
Montreal Protocol, another stated aim of the revision is to ensure a
higher level of ambition in the EU “where technically and
economically feasible”.