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Summaries of EU Legislation

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Substances depleting the ozone layer

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Substances depleting the ozone layer

To protect human health and the environment, the EU is phasing out substances which deplete the ozone layer. To achieve this, it has banned the production and sale of the most dangerous, such as chlorofluorocarbons (CFCs) and established procedures for others.


Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer.



It lays down rules on the production, import, export, sale, use, recovery, recycling, reclamation and destruction of substances that damage the ozone layer. It sets out reporting requirements and measures for products and equipment that use these substances. It has been slightly amended three times.


  • As a general rule, the production and sale of controlled substances, such as halons (to extinguish fires), methyl bromide (to control pests) and hydrochlorofluorocarbons (used in fridges and air conditioning systems), whose manufacture or use is regulated, are prohibited.
  • Some exemptions, under clear conditions, are allowed, for example if they are used as feedstock, as process agents or for laboratory or analytical use.
  • Use of methyl bromide has been banned since March 2010, except during emergency quarantines to prevent the spread of disease or pests. In each case, the Commission must give its temporary authorisation.
  • Fire protection systems and fire extinguishers containing halons may be used in certain circumstances. Alternatives are increasingly available and Regulation (EU) No 744/2010 sets out detailed cut-off dates. These range from 2013 to 2040 depending on the halon use.
  • Imports and exports of controlled substances and products containing them are essentially banned. Where they are allowed, a licence system operates. In 2013, the Commission made this more flexible for halons used in aircraft.
  • Recovery systems must be in place to destroy, recycle or reclaim controlled substances used in refrigeration, air-conditioning and heat pump equipment, fire extinguishers and protection systems and items containing solvents.


From 1 January 2010.


Feedstock: any controlled substance or new substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition and whose emissions are insignificant.

Process agents: controlled substances used as chemical process agents in the applications listed in Annex III.

For more information, see the European Commission’s Directorate-General for Climate Action website.



Entry into force

Deadline for transposition in the Member States

Official Journal

Regulation (EC) No 1005/2009


Not applicable, the regulation is directly applicable. However, EU countries are obliged to define minimum qualification requirements for personnel (1.1.2010) and to lay down rules on penalties (30.6.2011).

OJ L 286, 31.10.2009, pp. 1-30

Amending acts

Entry into force

Deadline for transposition in the Member States

Official Journal

Commission Regulation (EU) No 744/2010



OJ L 218, 19.8.2010, pp. 2-8

Commission Regulation (EU) No 1087/2013



OJ L 293, 5.11.2013, pp. 28-28

Commission Regulation (EU) No 1088/2013



OJ L 293, 5.11.2013, pp. 29-30

Subsequent amendments and corrections to Regulation (EC) No 1005/2009 have been incorporated in the basic text. This consolidated version is of purely documentary value.

last update 02.04.2015