What changed between the plenary report and the adopted text

Recital 4: (4) Regulation (EC) No 1005/2009 of the European Parliament and of the Council18 ensures, inter alia, that the Union complies with the Protocol. The Commission in its evaluation of Regulation (EC) No 1005/200919 concluded that the control measures established under that Regulation remain, in general, fit-for-purpose, are efficient and have significantly contributed to stratospheric ozone recovery and to reduce climate warming.

Recital 5: (5) There is clear evidence of a decrease in the atmospheric burden of ozone depleting substances and of stratospheric ozone recovery. However, according to the European Environment Agency, the 2021 ozone hole was one of the larger and deeper ones of recent years and was larger than the average over the last 5 and 10 years. The recovery of the ozone layer is still very fragile, and recovery to the concentrations level existing before 1980 is not projected to take place before the middle of the 21st century. Therefore, increased UV-radiation persists as a significant threat to health and the environment. Avoiding the risk of further delays in the recovery of the ozone layer remains dependent on ensuring that existing obligations are fully implemented, that more action is taken, and that the necessary measures are in place to address any upcoming challenges swiftly and effectively.

Recital 7: (7) In order to increase awareness on the global warming potential of ozone depleting substances, in addition to the ozone depleting potential of the substances, their respective global warming potential should also be listed and addressed in this Regulation as well as on the labels of containers of ozone depleting substances. Where available, that information should include the global warming potential expressed both on a 100-year and 20-year timescale, to increase awareness about the short-term high global warming potential of some ozone depleting substances.

Recital 7 a (new): (7a) Member States should establish binding action plans based on guidelines established by the Commission to reduce the risk of pyro-cumulonimbus formation from forest fires and their negative impact on the stratosphere and the ozone layer.

Recital 16: (16) Non-refillable containers for ozone depleting substances, should be banned, considering that an amount of substance inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, it is necessary to prohibit their import, placing on the market, subsequent supply or making available on the market, use, except for laboratory and analytical uses, and their export. To ensure that refillable containers are refilled instead of being discarded, undertakings should be required, when placing such containers on the market, to produce evidence on the arrangements for return for the purpose of refilling.

Recital 17: (17) Regulation (EC) No 1272/2008 of the European Parliament and of the Council24 provides for the labelling of substances classified as ozone depleting substances and the labelling of mixtures containing such substances. As it is allowed to release for free circulation in the Union market halon and methyl bromide and products and equipment containing those ozone depleting substances or whose functioning relies upon those substances, as well as other ozone depleting substances produced for feedstock, process agent, laboratory and analytical uses and for destruction within the Union, those substances should be distinguished from substances that are produced for other uses.

Recital 18: (18) The export of products and equipment containing hydrochlorofluorocarbons may be exceptionally permitted in cases where it may be more beneficial to allow these products and equipment to end their natural life cycle in a third country than to be decommissioned and disposed of in the Union, provided that the required appropriate facilities, as well as the specialist staff to carry out such operations, are in place, so as to avoid any further environmental pollution.

Recital 19: (19) Given that the production process for some ozone depleting substances can result in emissions of the fluorinated greenhouse gas produced trifluoromethane as a by-product, such by-product emissions should be rigorously monitored, destroyed or recovered for subsequent use as a condition for the placing the ozone depleting substance on the market. Producers and importers should also be required to document measures adopted to prevent emissions of trifluoromethane during the production process and to provide proof of the destruction and recovery in line with the best available techniques. They should also be required to report on compliance with this Regulation.

Recital 23: (23) To ensure that substances as well as products and equipment covered by this Regulation that have been imported illegally in the Union market does not re-enter the market, competent authorities should confiscate or seize these products and destroy them. Re-export of products not compliant with this Regulation should be prohibited in any event.

Recital 28 a (new): (28a) The requirement to recover foams containing ozone depleting substances from building material could spur innovation and research and development on demolition, reclamation and recycling technologies and could have positive effects on employment due to the labour-intensiveness of the decommissioning process and the need for more treatment capacity for those types of wastes. That requirement could nevertheless create some additional need for training specialised personnel in the relevant undertakings, which are often small and medium-sized enterprises. Member States should therefore establish minimum qualification requirements for the personnel involved and also increase the availability of training programmes for the upskilling of workers and the use of sustainable techniques.

Recital 28 b (new): (28b) The shift towards the use of alternatives to ozone depleting substances will spur green innovation and employment. Member States should however ensure a fair and just transition, leaving no one behind, for the personnel employed by undertakings which do not succeed in the transition to such alternatives.

Recital 32: (32) The Protocol requires reporting on trade in ozone depleting substances. Producers, importers and exporters of ozone depleting substances should therefore report annually on trade in ozone depleting substances. Trade in ozone depleting substances not yet covered by the Protocol (listed in Annex II), should also be reported in order to assess a future extension of the control measures for recovery, destruction, recycling or reclamation, applicable for the substances listed in Annex I to also cover those substances.

Article 1 – paragraph 1: This Regulation lays down rules on the production, import, export, placing on the market, storage and further supply as well as use, recovery, recycling, reclamation and destruction of ozone depleting substances, on the reporting of information related to those substances and on the import, export, placing on the market, further supply and utilisation of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances.

Article 2 – paragraph 2: 2. This Regulation also applies to products and equipment, and parts thereof, containing ozone depleting substances or whose functioning relies partly or entirely on those substances.

Article 3 – paragraph 1 – point 1: (1) ‘feedstock’ means any ozone depleting substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition;

Article 3 – paragraph 1 – point 5: (5) ‘placing on the market’ means the supplying or making available to another person within the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, and the use of substances produced or the utilisation of products or equipment manufactured for own utilisation;

Article 3 – paragraph 1 – point 6 a (new): (6a) ‘producer’ means any natural or legal person producing ozone depleting substances within the Union;

Article 3 – paragraph 1 – point 10 a (new): (10a) ‘container’ means a container as defined in Article [X] of Regulation xxxx/xxxx [F-Gas Regulation];

Article 3 – paragraph 1 – point 11: (11) ‘products and equipment’ means all products and equipment, including parts thereof, except containers, utilised for the transportation or storage of ozone depleting substances;

Article 6 – paragraph 1: By way of derogation from Article 4(1), ozone depleting substances listed in Annex I may be produced, placed on the market, and subsequently supplied or made available to another person within the Union for payment or free of charge only where they are permitted to be used as feedstock.

Article 6 – paragraph 1 a (new): The Commission shall by… [ 12 months after the date of entry into force of this Regulation], adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing a list of ozone depleting substances listed in Annex I for which the use as feedstock is permitted, the respective feedstock uses for each of those substances, and their emission level.

Article 6 – paragraph 1 b (new): By 1 January 2025 and every 2,5 years thereafter, the Commission shall assess the current and future availability of alternatives to ozone depleting substances listed in Annex I for which the use as feedstock is permitted within the Union, taking into account scientific recommendations, the impacts in terms of ozone-depleting potential and the availability of more precise data on the greenhouse gas emissions from feedstock, technological developments resulting in the availability of technically feasible alternatives, and the energy use, efficiency, economic feasibility and cost of those alternatives. The Commission shall submit the conclusions of those assessments to the European Parliament and to the Council.

Article 6 – paragraph 1 c (new): Where the Commission concludes in its assessment that a feasible alternative to an ozone depleting substance is available for a particular use as feedstock, the Commission shall, within 3 months, adopt delegated acts in accordance with Article 29 supplementing this Regulation to set a maximum emission level and a schedule for phasing-out the quantitative limits of the use of the relevant ozone depleting substance on the list referred to in second paragraph of this Article.

Article 6 – paragraph 1 d (new): Ozone depleting substances that are produced, placed on the market, and subsequently supplied or made available, whether in return for payment or free of charge, to another person within the Union for use as feedstock, may only be used for that purpose. Containers containing ozone depleting substances intended for such uses shall be labelled with a clear indication that the substance may only be used for the applicable purpose. Where such substances are subject to labelling requirements provided for in Regulation (EC) No 1272/2008, such indication shall be included in the labels referred to in that Regulation.

Article 9 – paragraph 3: 3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex V, where technically and economically feasible alternatives or technologies are available for the uses listed in that Annex prior to one or more of the end dates specified in that Annex, or are not available for the uses listed in that Annex within the timeframes set out in that Annex, or are not acceptable due to their impacts on environment or health, or where it is necessary to ensure compliance with the international commitments of the Union concerning critical uses of halons established in particular under the Protocol, the International Civil Aviation Organization (ICAO) or the International Convention for the Prevention of Pollution from Ships (MARPOL).

Article 9 – paragraph 4: 4. The Commission may, by means of implementing acts, and following a substantiated request of the competent authority of a Member State, grant time-limited derogations from the end dates or cut-off dates specified in Annex V for a specified case where it is demonstrated in the request that no technically and economically feasible alternative is available for that particular application. The Commission shall include in those implementing acts reporting requirements, and shall require submission of supporting evidence necessary for monitoring the use of the derogation, including evidence on amounts recovered for recycling or reclamation, results of leakage checks and amounts of unused halons in stocks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Article 10 – paragraph 1: 1. In case of an emergency, where unexpected outbreaks of particular pests or diseases so require, the Commission may, at the request of the competent authority of a Member State, by means of implementing acts, and upon notification to the Ozone Secretariat in accordance with Decision IX/7 of the Parties to the Protocol, authorise the temporary production, placing on the market, and use of methyl bromide, provided that the placing on the market and use of methyl bromide are allowed respectively under Regulation (EC) No 1107/2009 and Regulation (EU) No 528/2012. Any unused quantities of methyl bromide shall be destroyed.

Article 10 – paragraph 2: 2. Implementing acts referred to in paragraph 1 shall specify measures to be taken to reduce emissions of methyl bromide during use and apply for a period not exceeding 120 days and to a quantity not exceeding 20 metric tonnes of methyl bromide. The Commission shall include in those implementing acts reporting requirements and shall require submission of supporting evidence necessary for monitoring the use of methyl bromide, including evidence on the destruction of substances following the end of the derogation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Article 13 – paragraph 2 – subparagraph 2: By way of derogation from the first subparagraph of this paragraph and from Article 16, the Commission shall, by means of implementing acts, establish simplified rules for licencing in the case of temporary storage as defined in Article 5, point (17), of Regulation (EU) No 952/2013. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Article 14 – paragraph 2 – subparagraph 1: By way of derogation from Article 5(2), the Commission may, by means of implementing acts, following a request by a competent authority of a Member State, authorise the export of products and equipment containing hydrochlorofluorocarbons where it is demonstrated that in view of the economic value and the expected remaining lifetime of the specific good, the prohibition of export would impose a disproportionate burden on the exporter, such export is in line with domestic legislation in the destination country and such products and equipment would, after the end of their life cycle and on the basis of domestic legislation, be handled by that destination country in such a way that would not give rise to the release of ozone depleting substances into the external environment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Article 14 – paragraph 3 – subparagraph 2: By way of derogation from the first subparagraph of this paragraph and from Article 16, the Commission shall, by means of implementing acts, establish simplified rules for licencing in case of temporary storage as defined in Article 5, point (17) of Regulation (EU) No 952/2013. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Article 15 – paragraph 1 – subparagraph 2: Any prohibited non-refillable containers referred to in the first subparagraph shall be confiscated, seized, withdrawn or recalled from the market and destroyed by the customs authorities or the market surveillance authorities. The re-export of prohibited non-refillable containers is prohibited.

Article 15 – paragraph 1 a (new): 1a. Undertakings which place on the market refillable containers for ozone depleting substances shall produce a declaration of conformity that includes evidence confirming the arrangements in place for the return of that container for the purpose of refilling. Those arrangements shall contain binding obligations for compliance by the supplier of those containers to end-users. / The undertakings referred to in the first subparagraph shall keep the declaration of conformity for a period of at least 5 years after the placing on the market of refillable containers and shall make it available, on request, to the competent authorities of the Member States. Suppliers of those containers to end-users shall keep evidence of compliance with those arrangements for a period of at least 5 years after supply to the end-user and shall make it available, on request, to the competent authorities of the Member States. / The Commission may, by means of implementing acts, supplement this Regulation by determining the details of the declaration of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).