On the 1st August, the EU Commission published its proposal for a revised Regulation on substances that deplete the ozone layer. The objectives of the proposal are simplification, improved consistency with other regulations such as the F-Gas Regulation, and addressing new challenges for final phase-out of ozone depleting substances.

The European Fluorocarbon Technical Committee (EFCTC) supports these objectives but has concerns about the proposed measures relating to the feedstock use, new substances and recycling of HCFCs.“One of the aims of the review was to ensure better regulation, but the proposals would lead to micro-management, and more importantly could discourage the recovery and recycling of HCFCs,” said Nick Campbell, EFCTC Chairman. “Furthermore, the proposals have discarded some basic definitions of the Montreal Protocol that have been in place for many years and rewritten them in a way that includes new substances that are currently excluded from the Montreal Protocol on scientific grounds, and imposes unnecessary further obligations on feedstock use.”

The proposal strengthens containment and recovery measures for HCFCs aligning them more closely with provisions in F-Gas Regulation, requiring better recovery and improved training for technicians. “The improved containment measures are a very positive outcome,” continued Nick Campbell. “Unfortunately this drive towards better training and certification, to encourage improved refrigerant recovery and recycling, is then offset by unnecessary restrictions on the use of recycled HCFCs.” The restrictions on the use of recycled HCFCs are totally unexpected based on the reports from the review process and the provisions of the existing Regulation 2037/2000, which allows the use of recycled HCFCs for servicing until 2015 and does not differentiate between recycled and reclaimed HCFCs. The proposal only allows reclaimed HCFCs to be used for general servicing of other equipment, and restricts recycled HCFCs to the equipment from which they were removed, reveals the entity’s press release. “We look forward to a dialogue with the Parliament and Member States to improve the measures in the final Regulation,” added Campbell.