PROTECTION OF THE OZONE LAYER Ilona Jancarova 2015 INTERNATIONAL BACKGROUND • Wienna Convention on the Protection of the Ozone Layer (1985) • Montreal Protocol on Substances that Deplete the Ozonen Layer (1987) • Amendments: London 1990 Copenhagen 1992, Montreal 1997, Beijing 1999 CFCs reduction and phase out EU LEGISLATION • Council Regulation (EC) No 3093/94 on substances that deplete the ozone layer • Regulation 2037/2000 on substances that deplete the ozone layer • Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer REGULATION 1005/2009 • Controlled substances means substances listed in Annex I, including their isomers, whether alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed; • New substances means substances listed in Annex II, whether alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed; - subject to requirements laid down in Chapter VI of the regulation REGULATION 1005/2009 Scope of Regulation: • Controlled substances • New substances • Products and equipment containing or relying on controlled substances REGULATION 1005/2009 Rules on: • the production, • import, export, • placing on the market, • use, • recovery, recycling, reclamation and destruction of substances that deplete the ozone layer, • the reporting of information substances and of products and equipment containing or relying on those substances REGULATION 1005/2009 Ban on: • Production • Placing on the market • Use • Chlorofluorocarbons (CFCs), halons, carbon tetreachlorides, methylbromide and hydrochlorofluorocarbons (HCFCs) REGULATION 1005/2009 Phase out by 2004: Progressive stop by 2025: • Production Production • Placing on the market • Use • Methyl bromides Hydrofluorocarbons (HCFCs) The production, the placing on the market and the use of controlled substances shall be prohibited.(Art.4,5) • General rule exceptions REGULATION 1005/2009 1. Rules related to the production, the placing on the market and the use of controlled substances and equipment containing or relying on those substances • Exemptions and exceptions from the ban (Art. 7-13) • Substances for essential use, laborartory uses etc. • Quantitative limits and quotas • License system • Rules related to maintenance of equipment containing ozone depleting substances • Recycling of ozone depleting substances • Monitoring and reporting requirements REGULATION 1005/2009 • Export of substances to countries non participating to Montreal Protocol is prohibited • Export of substances other than HCFCs to all countries is prohibited • Import of substances from countries which are not party to the Montreal Protocol is forbidden (Art. 8) • Import and export of substances from third countries based on licences issued by the Commission REGULATION 1005/2009 Enforcement: • Effective, proportional and deterrent sanctions • Illegal production, importation, exportation, placing on the market or use of ozone-depleting substances is a crime according to Directive 2008/99/EC on the protection of the environment through criminal law