Ozone Depleting Substances – General information on ODS licensing and quotas
This press release concerns undertakings involved with Ozone Depleting Substances as specified in Regulation (EC) No 1005/2009 on substance that deplete the ozone layer. (Regulation ca nbe found in the following link: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:286:0001:0030:EN:PDF )
Regulation (EC) No 1005/2009 on substances that deplete the Ozone Layer (ODS) includes requirements for the import and export of controlled substances listed in Annex I of the Regulation. The Regulation prohibits imports/exports of ODS and products and equipment containing and relying on ODS, as well as production of essential uses. However, there are exemptions to this prohibition subject to ODS. For these purposes, three electronic systems are in place by the European Commission, which can be accessed via the following link: http://ec.europa.eu/clima/policies/ozone/ods/index_en.htm .
1. ODS Licensing System
1.1 Importer/ Exporter of ODS
If you are an importer/exporter of ODS as well as producer of essential uses, an ODS licence is required. Article 15 and 17 of the Regulation outlines information on types of imports/exports of ODS, which are exempted from the general import and export prohibition in the European Union. Substances listed in Annex I of the Regulation outlines the controlled substances, where the import and export of these substances is subject to licensing. The European Commission issues the licenses.
1.2 Quota of ODS
Importers of ODS must have a quota if the use of the ODS is subject to quantitative limits. Article 16 of the Regulations outlines in which cases quantitative limits apply for ODS imports. Article 10 of the Regulation indicates that there is a limit in the quantity for ODS authorised annually for production for essential laboratory and analytical uses. Based in the two articles, the following activities are subject to quantitative limits:
- Production and import for laboratory and analytical uses,
- Import for free circulation in the European Union for critical uses (halons),
- Import of free circulation in the European Union for feedstock uses,
- Import for free circulation in the European Union for process agents
More information can be obtained from Manuals issued by the European Commission on the following link: https://circabc.europa.eu/faces/jsp/extension/wai/navigation/container.jsp
2. Laboratory and Analytical use of ODS
Laboratory and Analytical use of ODS (labODS) is new electronic registry operated by the European Commission for distributors of ODS for laboratory and analytical uses and end users of ODS laboratory. Laboratory and analytical uses are exempted from this ban under certain conditions. If you are an EU internal distributor of ODS for laboratory and analytical uses and/or an end user of ODS in laboratories, registration is required.
3. Reporting of ODS under Article 27 (Business Data Repository)
According to Article 27 each year by 31 March, requires producers, importers, exporters, feedstock users and process agent user of ODS to report on quantities produced, imported and exported during the preceding year. Furthermore, destruction facilities need to report on the quantities of ODS destroyed. The reporting covers controlled substances (substances listed in Annex I of the Regulation) and new substances (substances listed in Annex II of the Regulation).
Registration for Reporting is done via the Business Data Depository and complete a report. For further information kindly consult the manual for reporting on the following link: https://bdr.eionet.europa.eu/help/ .
- For questions on the Licensing of Ozone-Depleting Substances (ODS Licensing System) and Laboratory and Analytical use of ODS (LabODS), kindly contact the European Commission on email@example.com
 Substances listed in Annex II of the Regulation (i.e. new substances) are not controlled substances therefore not covered by Article 15 and 17.