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(1) The European Green Deal, as set out in the Commission communication of 11 December 2019, launched a new growth strategy for the Union that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy. It reaffirms the Commission’s ambition to make Europe the first climate-neutral and zero pollution continent by 2050 and aims to protect the health and well-being of citizens from environment-related risks and impacts, while ensuring an inclusive, fair and just transition, leaving no one behind. Furthermore, the Union is committed to ensuring the full implementation of Regulation (EU) 2021/1119 of the European Parliament and of the Council and of the 8th Environment Action Programme, established by Decision (EU) 2022/591 of the European Parliament and of the Council , and is committed to the United Nations 2030 Agenda for Sustainable Development and its Sustainable Development Goals.

(2) The ozone layer protects humans and other living beings from harmful ultra-violet (UV) radiation from the sun. It is scientifically well established that continuous emissions of ozone-depleting substances cause significant damage to the ozone layer, leading to significant adverse effects on human health and ecosystems, the biosphere as well as to large economic implications if left unaddressed.

(3) Pursuant to Council Decision 88/540/EEC , the Union became a Party to the Vienna Convention for the Protection of the Ozone Layer and to the Montreal Protocol on Substances that Deplete the Ozone Layer (the ‘Protocol’). The Protocol and subsequent decisions of its Parties constitute a set of globally binding control measures to address the depletion of the ozone layer.

(4) Regulation (EC) No 1005/2009 of the European Parliament and of the Council ensures, inter alia, that the Union complies with the Protocol. In its evaluation of that Regulation the Commission 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 reducing climate warming.

(5) There is clear evidence of a decrease in the atmospheric burden of ozone-depleting substances and of stratospheric ozone recovery. However, recent assessments show that this recovery of the ozone layer is still fragile, and the return to the concentration levels 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 on remaining emission sources to reduce emissions, and that the necessary measures are in place to address any upcoming challenges swiftly and effectively.

(6) Most ozone-depleting substances also have high global warming potential (GWP) and are contributory factors towards increasing the temperature of the planet. Considering the significant findings of the 2021 Special Report of the Intergovernmental Panel on Climate Change, this Regulation should ensure that all feasible efforts are taken to reduce emissions of ozone-depleting substances. Reducing emissions contributes to reaching the objective of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (UNFCCC) (the ‘Paris Agreement’) to keep a global temperature rise in this century well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase even further to 1,5 °C.

(7) In order to increase awareness of the GWP of ozone-depleting substances, in addition to the ozone-depleting potential (ODP) of the substances, their respective GWP should also be listed in this Regulation.

(8) Regulation (EC) No 1005/2009 and previous Union legal acts established more stringent control measures than required under the Protocol, providing for more restrictive rules on import and export.

(9) Under Regulation (EC) No 1005/2009, the production and placing on the market of ozone-depleting substances has been phased out for almost all uses. The placing on the market of products and equipment containing ozone-depleting substances or whose functioning relies upon those substances has also been prohibited, except for certain cases where the use of such substances is still allowed. Even after the phase-out of ozone-depleting substances, under certain conditions, it is necessary to continue to allow for exemptions for certain uses where alternatives are not yet available.

(10) The Union’s production of ozone-depleting substances in 2021 was higher than it had been during the previous 10 years, and had increased by 27 % in 2021 compared to 2020. According to the report of the European Environment Agency entitled ‘Ozone-Depleting Substances 2022’, 90 % of the increase is due to feedstock use. Feedstock use increased by 11 % in 2021 compared to 2020. While a derogation for ozone-depleting substances used as feedstock in the chemical production of certain goods, including pharmaceuticals, is justified in the light of low emission rates and the lack of feasible alternative options, it is important to regularly assess the availability of alternatives as well as the actual emission levels of existing feedstock uses. The Commission should, if appropriate, adopt delegated acts to establish a list of chemical production processes for which the use of ozone-depleting substances listed in Annex I as feedstock is prohibited. The delegated acts should take into account the availability of technically and economically feasible alternatives, on the basis of the technical assessments carried out under the Protocol, in particular quadrennial reports and other technical reports prepared by the assessment panels under the Protocol, that include assessments of available alternatives to existing feedstock uses and of emission levels of existing feedstock uses, and that provide a sufficient basis for taking a decision whether to prohibit specific feedstock uses. Where no such assessments carried out under the Protocol are available, the Commission should make its own assessment on the basis of technical data on the existing feedstock uses, their related emissions and their impact on the ozone layer and on the climate and on the availability of technically and economically feasible alternatives, and should adopt, where appropriate and on the basis of that assessment, a delegated act to establish the list of chemical production processes for which the use of ozone-depleting substances listed in Annex I as feedstock is prohibited. The list can be updated, in light of the findings of the quadrennial reports prepared by the assessment panels under the Protocol or of the Commission’s own assessment.

(11) Taking into account the small quantities of ozone-depleting substances actually used for essential laboratory and analytical uses, a proportionate control measure needs to be established in that respect. The registration obligation under Regulation (EC) No 1005/2009 should be replaced with the requirement to keep records in order to prevent unlawful use and monitor the development of alternatives.

(12) The placing on the market and use of halons should only be allowed for critical uses, which should be determined taking into account the availability of alternative substances or technologies and developments in international standards.

(13) The Halons Technical Options Committee, established under the Protocol, indicated that non-virgin halon stocks for critical uses might not be sufficient to meet the needs at global level from 2030 onwards. To avoid having to produce new halons to meet future needs, it is important to take measures to increase the availability, and provide for adequate monitoring, of stocks of halon recovered from equipment.

(14) Under Regulation (EC) No 1005/2009, the exemption for all critical uses of methyl bromide, including for quarantine and pre-shipment purposes, ceased on 18 March 2011. The Protocol contains provisions that govern emergency use. Those provisions have not so far been applied within the Union. It is therefore unlikely that any actor within the Union would need to make use of those provisions. However, as future emergency situations cannot be ruled out, and in order to align this Regulation with the Protocol, the possibility to grant a derogation in emergency situations, namely in the event of unexpected outbreaks of particular pests or diseases, should remain available where such emergency use is permitted under Regulations (EC) No 1107/2009 and (EU) No 528/2012 of the European Parliament and of the Council. In such cases, the measures adopted to minimise emissions, such as the use of virtually impermeable films for soil treatment, should be specified.

(15) There is growing concern over the impact on global emissions of some of the ozone-depleting substances not controlled under the Protocol, listed in Annex II, including the increase in atmospheric concentration of dichloromethane that could delay the recovery of the stratospheric ozone layer. In 2021, the Union production, in metric tonnes, of those ozone-depleting substances was approximately four times higher than the production of ozone-depleting substances controlled under the Protocol. However, when expressed in ODP tonnes, the production was approximately four times lower compared to the ozone-depleting substances listed in Annex I. Further containment measures are necessary and enhanced monitoring is important, including through provisions on recovery or destruction, leak repair and the prevention of unintentional release for ozone-depleting substances not controlled under the Protocol.

(16) Restrictions set out in this Regulation regarding products and equipment containing ozone-depleting substances should also cover products and equipment whose functioning relies upon those substances, in order to prevent circumvention of those restrictions.

(17) It is important to ensure that ozone-depleting substances are allowed to be placed on the market for the purposes of reclamation in the Union. Ozone-depleting substances, and products and equipment containing those substances or whose functioning relies upon those substances should also be allowed to be placed on the market for the purposes of destruction by technology that has been approved by the Parties to the Protocol or by technology that has not been approved by the Parties to the Protocol but complies with Union and national law.