The European Commission ("Commission") is currently organizing a Public Consultation on the evaluation of Regulation (EC) No 1005/2009 on substances that deplete the ozone layer ("Ozone Regulation" or "Regulation"). This follows on and is part of the July 2017 launch of the Commission Regulatory Fitness and Performance Programme evaluation of the Ozone Regulation.
The Ozone Regulation is the commitment of the European Union to the 1987 United Nations Montreal Protocol on substances that deplete the ozone layer. The Regulation is far more ambitious than the Protocol, since it imposes further requirements, such as quicker phase-out schedules and regulatory control over more ozone-depleting substances ("ODS") (over 90 chemicals, plus their isomers) and restricts not only bulk, but also ODS contained in equipment and products.
The Consultation will serve as an evidence base for obtaining information on the general support for the Regulation—i.e., public awareness of regulating ODS and whether regulating the issue is better performed at the EU or national level.
The fitness check will examine the reference period from the Ozone Regulation's entry into force in 2010 until 2017. It also covers three implementing acts: (i) Commission Regulation (EU) No 291/2011 (on laboratory and analytical uses of ODS); (ii) Commission Regulation (EU) 537/2011 (on quota allocation procedures); and (iii) Commission Decision 2010/372/EU (on process agents).
The evaluation is aimed at establishing whether the Ozone Regulation is still:
- Relevant and Valid: As assessed against the availability of new alternatives to the use of ODS.
- Efficient: Considering costs and benefits of the implementation of the Regulation, in particular whether Member States and EU institutions have been faced with burdensome and unnecessary requirements.
- Effective: Focusing on the factors that have influenced achieving the objectives of the Regulation, specifically how much it has contributed to the actual decrease in the consumption and emissions of ODS.
- Coherent: Investigating to what extent and how the Ozone Regulation interacts with other relevant EU legislation. Notably, the evaluation will examine any inconsistencies or gaps by comparing the Regulation with EU acts in the areas of chemicals, waste, industrial, and customs legislation. Coherence will also be verified in light of the framework set out under the Montreal Protocol.
- Added Value to the European Union: Reflecting on the measures under the Regulation at an EU level vis-à-vis what could have been expected from Member States at a local level.
Stakeholders have until August 24, 2018, to comment. Companies should seize that opportunity in order to share their concerns and suggestions on the overall efficiency of the Ozone Regulation—e.g., whether it has imposed excessive regulatory measures on business and how this can be improved by EU institutions.