Overall, the new regulation provides for a significant improvement for the ozone layer through a quicker elimination of all ozone depleting substances in the European Community than that agreed under the Montreal Protocol.
Specific provisions include the following, as was widely anticipated:
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A ban on transfer of ownership of CFCs from 1.10.00.
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A ban on use of CFCs (including for maintenance) from 31.12.00.
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A ban on making new equipment using HCFCs from 1.1.01, except for fixed air conditioning units of less than 100 kW capacity (banned from 1.7.02) and for reversible heat pumps or air conditioners (banned from 1.1.04).
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A ban on use of virgin HCFCs from 1.1.10.
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A ban on use of all HCFCs from 1.1.15.
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The last two dates to be reviewed before 31.12.08.
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From 1.1.04, a ban on HCFC blown foams for insulated transport (other foams go earlier).
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A requirement to recover controlled substances (including CFCs and HCFCs) from refrigeration and air conditioning equipment, for destruction or recycling, both during servicing and before disposal of equipment. (On the face of it, this includes blowing agents in insulation within equipment).
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Member States will have to define minimum qualifications for refrigerant handlers.
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Fixed equipment with more than a 3kg charge will have to be checked for leakages annually.
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Existing controls under the 1994 regulation, e.g. the ban on HCFCs for equipment of 150 kW and over, shaft input, are restated.
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There are some specific partial exemptions for limited periods for some firefighting and military applications.
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On medical devices the position is that under the current wording, the export of metered dose inhalers and medical drug pumps will be prohibited. However, it is an oversight as neither the Council nor the Parliament intended to do so. A proposal has been drafted to correct this.
