The Council of the EU is ready to start negotiations with the European Parliament on the revision of Regulation EC 1005/2009 ‘Ozone Depleting Substances’ (ODS), proposed in April 2022, with a view to making it more effective for the benefit of the environment, health and climate.
On Wednesday 5 April, the Member States’ ambassadors to the EU (Coreper) approved the negotiating mandate for this future Regulation, which aims to reduce ODS emissions in certain applications that are still permitted and not covered by the Montreal Protocol, to modernise the licensing system and to combat illegal trade (see EUROPE 12926/3). The compromise proposed by the Swedish Presidency on 31 March remained unchanged.
The EU Council endorses the principles of this future legislation while amending some points to clarify definitions and reduce the bureaucratic burden.
Essential laboratory and analytical uses (Article 8). Several provisions have been deleted to strike a balance between maintaining the registration requirement to avoid an increase in fraudulent practices and reducing the administrative burden.
Conditions for exemption (Article 15). In order to facilitate controls, provisions have been added on the conditions for registration of companies.
Licencing Systems (Article 16). The EU Council has added a time limit so that the end date of critical use is not exceeded for imports or exports of recovered, recycled or reclaimed halons for critical uses. It also included, as critical uses, certain uses of halons essential to national security.
Penalties. Penalties have been redrafted to make them less prescriptive and compatible with national systems, as in the revision of the Industrial Emissions Directive (IED) (see EUROPE 13143/6).
Monitoring of illegal trade (Article 18). The EU Council has specified the measures and cases in which the Commission may adopt delegated acts.
Parliament voted on 30 March (see EUROPE 13153/11).
See the EU Council’s position: https://aeur.eu/f/684 (Original version in French by Aminata Niang)