Brussels has presented a proposal to revise the current legislation on the protection of the ozone layer, aiming to simplify the current legislation and reflect the progress made in phasing out ozone-depleting substances in the EU. Although this progress has been good so far, a number of challenges, that need to be addressed globally, still remain. The ozone layer is expected to recover to pre-1980 levels by 2050-2075.

The aim of the Commission proposal is to improve the implementation of the regulation by clarifying some of its provisions, such as those on exemptions and derogations to the use of ozone-depleting substances, and the conditions under which they can be imported and exported. Some provisions have been simplified or taken out, giving a better structure to the proposed regulation.

The revision aligns the regulation with the latest international agreements, especially those dealing with the expedited phase-out of hydrochlorofluorocarbons (HCFCs) under the Montreal Protocol, and those designed to achieve a final phase-out of substances for which alternatives are available. It also includes additional measures to prevent the illegal trade and use of ozone-depleting substances in the European Union.

Although important progress has been made, European Environment Commissioner Stavros Dimas highlighted the importance of being aware that EU “must remain vigilant as significant quantities of these substances are still present in many products such as refrigerators and insulation material in buildings. We must prevent these substances from being released into the atmosphere." He also stressed the fact that it is possible to almost entirely phase out those kind of substances “without causing major difficulties for producers and consumers. This proves that sustainable development is achievable and must be pursued further”.

Measures taken to tackle the substances which are still present in the European Union, could avoid emissions equivalent to more than 100 million tonnes of CO2 each year, in addition to contribute to the recovery of the ozone layer and reduce damage to human health and the environment, whilst also bringing tangible climate change benefits, without excessive cost to industry.

The Commission will work very closely with EU Member States and other countries party to the Montreal Protocol to tackle such issues in the EU and globally.

The ozone layer

The ozone layer is a layer of gas in the upper atmosphere which shields life on earth from harmful ultraviolet rays from the sun. In the 1970s scientists discovered that certain man-made chemicals could potentially destroy ozone and deplete the ozone layer, and in the 1980s a thinning of the ozone layer in the stratosphere was discovered – the so-called “ozone hole”. Increased UV radiation can damage ecosystems and have an adverse impact on human health, leading to skin cancer and cataract problems. Decisive and swift global action followed the discoveries, first with the 1985 Vienna Convention and then with the Montreal Protocol in 1987.

The Montreal Protocol obliges signatories to phase out ozone-depleting substances according to a set timetable. One of its most important features is the dynamic process that ensures that the phase-out of such substances is based on the latest scientific, technological and economic information. Twenty years after its launch, the Montreal Protocol is now recognised as a model multilateral environmental agreement (MEA).

The EU and its Member States have been ambitious in putting in place solutions to the problems caused by ozone-depleting substances (ODS), often going beyond the requirements of the Montreal Protocol, and even considering the manufacture and distribution of ozone-depleting substances as a criminal offence under EU Law. An early phase-out of HCFCs and a near phase out of CFC and methyl exempted uses have contributed significantly to the global phase out of the worst ozone depleting substances.