COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE EVALUATION of Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer
Date: 2019-11-26
Institutions: Directorate-General for Climate Action, European Commission
Subjects: dangerous substance, environmental impact, environmental monitoring, marketing standard, reduction of gas emissions, stratospheric pollutant, stratospheric pollution, trading operation

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   EUROPEAN COMMISSION  Brussels, 26.11.2019  SWD(2019) 407 final  COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE EVALUATION    of Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer  {SWD(2019) 406 final}  
 
 
Regulation (EC) No 1005/2009 is fit-for-purpose. It significantly contributes to the timely 
recovery  of  the  stratospheric  ozone  layer  and  to  reducing  climate  warming.  It  also 
ensures  compliance  with  obligations  under  the  Montreal  Protocol  on  Substances  that 
Deplete  the  Ozone  Layer  and  exerts  influence  on  third  countries  to  do  likewise.  It 
remains  crucial to  have  an effective policy in  place  and while  the Regulation has been fit-
for-purpose,  there  are  opportunities  for  updates,  further  simplification  and  better 
coherence with other legislation.  

Emissions  from  Ozone-depleting  substances  (ODS)  led  to  the  development  of  the  “ozone 
hole”,  with  adverse  impacts  on  our  health.  They  also  contribute  to  climate  warming.  Thus, 
ODS emissions must be prevented to achieve a recovery of the ozone layer and contribute to 
reaching the 1.5 degrees Celsius target of the Paris Agreement on Climate Change.  

The Regulation has achieved its objectives effectively. It ensured EU compliance with the 
Montreal  Protocol  and  ensured  that  ODS  uses  that  have  been  phased-out,  do  not  reappear. 
This requires strict rules and the ability to ensure effective enforcement. Over the past decades 
EU  production  for  non-exempted  uses  was  reduced  from  the  Montreal  Protocol  baseline  of 
700 000 ODP tonnes1 to 32 ODP tonnes. Similarly, EU consumption for non-exempted uses 
decreased  from  the  baseline  of  400  000  ODP  tonnes  to  below  zero.  Since  2010,  the 
Regulation has eliminated a few additional ODS applications and promoted the development 
of new alternatives.  

The Regulation remains highly relevant. The EU must continue ensuring compliance with 
the Montreal Protocol. Any backsliding on the ODS phase-out could endanger the recovery of 
the ozone layer. Thus effective enforcement remains essential. By giving a good example, the 
EU  influences  global  discussions  and  the  required  technical  conversions  in  a  way  that 
maximises the global effort. The Regulation reflects technological and scientific development, 
by  having  flexibility  conferred  on  the  Commission  to  adjust  the  Regulation,  for  instance  if 
new ODS should become a threat. There is broad support for continuing the control of ODS 
from all stakeholder groups.  

Overall,  the  Regulation  has  been  efficient.  It  is  indisputable  that  it  contributes  to  major 
environmental, health and climate benefits. In the absence of a global effort, the global ozone 
layer would have collapsed by the mid-21st century. Based on the latest scientific consensus, 
the  ozone  hole  will  recover  by  2060.  At  the  same  time,  the  Regulation  did  not  create 
unreasonable costs over the period 2010-2017. Changes introduced in 2010 have led to cost 
savings for undertakings of close to  EUR 2 million and  have  significantly  reduced  Member 
States' administrative burden; costs incurred at European level have increased (i.e. setting up 
of a licensing and reporting systems) and there appears to be some scope for simplification.   

In general, the Regulation aligns with relevant EU and international legislation. Further 
coherence could be achieved, i.e. with customs law, and the legal text could be streamlined. 

The  Regulation  has  a  clear  EU  added  value.  Only  a  harmonized  EU  approach  can 
implement  the  Montreal  Protocol’s  obligations  and  respect  internal  market  rules.  It  is  also 
more efficient than national measures and stakeholders support regulating this policy area at 
EU level. 

1  Metric tonnes of an ODS multiplied by a factor representing the ozone depleting potential of the ODS.  

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