Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer sets out rules for the production, import, export, placing on the market, use, recovery, recycling, reclamation and destruction of substances that deplete the ozone layer. Supplementary national provisions can be found in the Chemicals Ozone Layer Ordinance (ChemOzonSchichtV).

These provisions apply to all substances listed in Annex I to Regulation (EC) No 1005/2009. These include CFCs, halons and other substances with a high ozone-depleting potential.

Furthermore, they also apply to products and equipment relying on these substances, even if they are not filled with the corresponding substances.

Details on the various procedures for substances that are hazardous to the ozone layer can be found in the guidelines provided the European Commission.

Permitted uses

Depending on their type, controlled substances must only be manufactured, imported, circulated and used for specific purposes. These include use as feedstock, as a process agent or for essential laboratory and analytical uses.

For halons, the permitted uses are even more restrictive.

Licensing procedure

Imports and exports to/from the EU require a licence from the European Commission. Corresponding applications can be submitted to the European Commission electronically. These applications are free of charge, but it can take up to ten working days for a decision to be made on a licence application. Licences are valid for up to 28 days, but they never run beyond 31 December of a calendar year.

Quota system

Annual EU-wide maximum quantities apply to import and manufacture for certain permitted uses, including use for laboratory purposes. These maximum quantities are intended to limit the depletion of the ozone layer caused by emissions.

In order to implement these maximum quantities, the European Commission allocates quantitative import and production quotas to all corresponding applicants on an annual basis.

Each year, there is a period of approximately one month in which companies can apply for a quota for the next calendar year. This time frame is announced publicly by the Commission in advance and is usually situated in the year's second quarter.

Allocated quotas cannot be transferred to other legal entities. However, holders of a production quota can delegate production to a third party.

Notification requirements

In accordance with Article 27 of Regulation (EC) No 1005/2009, undertakings are required to notify the EU Commission by 31 March each year of the quantities of controlled substances that they manufactured, imported, exported and destroyed in the previous calendar year. An electronic procedure is provided for this on the Commission's website.

In addition, the Chemicals Ozone Layer Ordinance (ChemOzonSchichtV) requires that a report be submitted to the local competent supervisory authority by 31 March each year stating the quantities of halons that were installed, placed on the market, used or stored in the previous year. Corresponding notification must also be provided when halons cease to be placed on the market or used.

Maintenance of systems

Anyone who operates equipment or products containing substances that are hazardous to the ozone layer pursuant to Regulation (EC) No 1005/2009 is required under the Chemicals Ozone Layer Ordinance (ChemOzonSchichtV) to maintain such equipment or products regularly and according to good professional practice.

Halons

Additional requirements apply to the placing on the market and use of halons. This is only permitted if the local competent supervisory authority has authorised their storage. Furthermore, the existing permitted uses for halons are to be phased out gradually by 2040. Further details can be found in Annex VI to Regulation (EC) No 1005/2009.