Most EU legislation dealing with atmospheric pollution has been adopted in the form of Directives.
However, a key piece of legislation dealing with ozone depletion has been adopted as an EU Regulation and therefore applies directly in the UK.
EU Regulation 2037/2000 on Substances that Deplete the Ozone Layer
Introduces bans on the use and supply of ozone depleting substances, in addition to previous bans on production and importation. The prohibition on use refers to using controlled substances in the production or maintenance, and in particular refilling, of products or equipment or in other processes – except if the controlled substances are used as a chemical feedstock or processing agent. This means that controlled substances can be used in ‘closed systems’ (eg refrigeration) but none can be added to the systems for maintenance or top up.
Controlled substances include CFCs, other fully halogenated chloroflurocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane and hydrobromofluorocarbons. There are different phase-out dates listed for various substances and uses.
Environmental Protection (Controls on Ozone Depleting Substances) Regulations 2002 (SI 2002/528)
These Regulations implement Council Regulation (EC) No. 2037/2000 on substances that deplete the ozone layer. They are therefore strengthening existing controls on these controlled substances, by prohibiting the placing on the market, use, trade in and emission of certain substances that deplete the ozone layer. In this case, ‘use’ refers to a top-up of these substances during maintenance, so where use within everyday operation is still acceptable, companies will not be able to use ozone depleting substances when equipment is repaired or maintained.
Controlled substances include chlorofluorocarbons (CFCs), other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane and hydrobromofluorocarbons. There are different phase-out dates for the various substances and their various uses.
The Ozone Depleting Substances (Qualifications) Regulations 2006
These regulations set out the proposed minimum qualifications for personnel working in a number of sectors including refrigeration and air-conditioning, fire protection using halons, fumigations using methyl bromide, solvents, the disposal of waste equipment containing Ozone Depleting Substances (ODS) and the recycling, reclamation or destruction of ODS.
EU Regulation 842/2006 on Certain Fluorinated Greenhouse Gases
This Regulation aims to cut emissions of hydrofluorocarbons (HFCs), perfluorocarbons and sulphur hexafluoride. It sets leakage inspection standards for refrigeration, air conditioning and fire-fighting equipment and provisions for recovering the gases from discarded equipment. Other provisions include stronger emissions monitoring, an F-gas labelling requirement for certain appliances, and a ban of F-gas marketing and use in products and equipment such as tyres and windows.
The Regulation entered into force on the 4 July 2006 and took effect from 4 July 2007. This Regulation is accompanied by a Directive to phase out F-gas emissions from air conditioning systems in motor vehicles. The Directive will phase out the refrigerant HFC-134a from 1 January 2011 for new vehicle models and from 2017 for all new vehicles. In addition, it will set leakage limits for vehicle air conditioners at 40 grams per year. Member states will also be "invited" to promote the use of less damaging alternatives under both pieces of legislation.