ODS

The Vienna Convention on the Protection of the Ozone Layer (VC) was signed under the auspices of the United Nations Environment Programme (UNEP) in 1985 by 21 countries, including the European Union (EU), and was the first successful attempt to create a framework and principles for joint action by different countries to protect the ozone layer.

The States Parties to the CV have agreed to:

• sharing data on global production and emissions of ODS
• implementation of projects to control emissions of ODS
• cooperation in scientific research to better understand the processes occurring in the Earth’s atmosphere.

Research was considered the most important:

• changes in the stratospheric ozone layer that may cause changes in the amount of ultraviolet radiation reaching the Earth’s surface and the potential impact of these changes on human health, living organisms, ecosystems and materials
• modification of the vertical distribution of ozone, which can cause changes in the temperature structure of the atmosphere, which in turn can affect weather and climate.

It was decided that the research would be carried out by the CV Parties as follows:

• physics and chemistry of the atmosphere
• effects of UV radiation on health, living organisms and materials
• climate research
• systematic observations of the state of the ozone layer
• the distribution of UV radiation reaching the Earth.

The Montreal Protocol (MP) on Substances that Deplete the Ozone Layer was signed in 1987 and entered into force in 1989.

contained, in its original version, a list of eight controlled ODS (five CFC substances – Annex A, Group I and three halons Annex A, Group II).
The MP was based on the so-called ‘precautionary principle’, which is that the global community should take global environmental action even before all scientific, economic and technical uncertainties have been fully resolved. This approach is reflected in the agreement of States Parties to PM to make changes to PM over time that take into account the results of current research on the state of the ozone layer and ozone depletion processes, as well as progress in the development and implementation of alternative technologies. This evolutionary nature of PM involves a regular and comprehensive assessment of all conditions, followed by the adoption of amendments¹ (amendments) or additions² (adjustments) to MP.

To enable a systematic assessment, the Parties to the MP have established three international Panels of experts and/or scientists from industry, research entities and governmental and non-governmental organisations:

• SAP (Scientific Assessment Panel)
• EEAP (Environment Effects Assessment Panel)
• TEAP (Technology and Economic Assessment Panel).

Meetings of States Parties to the MP have been held annually since 1989 in different countries. From 1989 to 2008, 20 such Meetings were held. At the 1990 Meetings in London, 1992 in Copenhagen, 1997 in Montreal and 1999 in Beijing, further Amendments to the MP were adopted.

According to the website of the Ozone Secretariat in Nairobi: as of 25.11.2009, 196 countries had joined the VC and the MP.

^{1 Amendments to the MP may introduce new control measures for new EMSs. Each Amendment to the PM is only binding upon ratification by the signatories to the PM. If a State Party to a MP has not ratified a given Amendment, it is treated as a non-Party to that Amendment (and thus to the Protocol) in relation to the new FMS introduced by that Amendment.
2 Addenda may modify both the reduction schedules and ODP values of controlled substances based on the results of new scientific studies and are automatically binding on the States Parties to the PM or the respective Amendments that have included the substance in the list of MP controlled HAPs. They may also amend the text of the MP.}

For more information, please visit:

• Internet Legal System – Beijing amendments to the Montreal Protocol
• Internet Legal System – Montreal Protocol
• Internet Legal System – London Amendments to the Montreal Protocol
• Internet Legal System – Montreal Protocol Amendments
  Montreal Protocol
• Internet System of Legal Acts – Copenhagen Amendments to the Montreal Protocol
• Internet Legal System – Kigali amendments to the Montreal Protocol
• Sekretariatu Ozonowego – Handbook for the Montreal Protocol on Substances that Deplete the Ozone Layer
• Reports of recent Meetings of the Parties to the Montreal Protocol
  http://www.iisd.ca/ozone/mop21
  http://www.iisd.ca/ozone/mop20
  http://www.iisd.ca/ozone/mop19
• MP Technical and Economic Panel Reports

ODS Licensing System (ODS2)
In the ODS database [ODS Licensing System (ODS2)], located on the European Commission’s website, they should register:

• Producers
• Importers
• Exporters

substances that deplete the ozone layer, and

• Importers
• Exporters

products and equipment containing ozone-depleting substances.

If you are not already registered, you will need to create an account with ECAS and log in to the ODS Licensing System (ODS2) on the European Commission website using the login and password provided. More information on the registration process can be found in the Document “Manual – Licensing System.

More information can also be found in documents prepared by the European Commission:

• General information – General manual EN
• Handbook – Licensing scheme (PL version)
• Handbook – Licensing scheme (EN version)
• Quick guide – Add users or organisations
• Quick guide – Registration for customs offices
• Quick guide – Registration for undertakings
• Access to the licensing system for ozone-depleting substances

Laboratory and analytical applications – Laboratory ODS database

In contrast, they should register in the Laboratory ODS database on the European Commission’s website:

• Distributors of ODS for laboratory and analytical applications,
• Laboratories using ODS.

If you are not yet registered, please click on the following link to do so http://ec.europa.eu/environment/ods/labs/labedit.cfm

More information can be found on the European Commission website.

The European Commission has announced that as of 13 February 2024, the report on ozone-depleting substances (ODS) referred to in Article 27 of Regulation (EC) No 1005/2009 can be submitted.

By when should the report be submitted?

The 2023 report, must be submitted by 31 March 2024 via the Business Data Repository (BDR) system, an online reporting system managed by the European Environment Agency available at https://bdr.eionet.europa.eu/

In order to submit a report, an operator must first register with the ODS Licensing System (ODS Licensing System), available at https://ods-licensing.ec.europa.eu.

For more information on registering with the ODS Licensing System, please follow the links below:

https://circabc.europa.eu/ui/group/94f966d3-03af-4c26-a74c-c328ec9ba2a7/library/20e11b59-79f5-46dc-99f3-bf52569a7145/details

https://circabc.europa.eu/ui/group/94f966d3-03af-4c26-a74c-c328ec9ba2a7/library/8fcd0f21-3f07-4872-8698-a56cb4a77a69/details

IMPORT

How to import an ODS from outside the EU?
On the basis of Article 15 of Regulation (EC) No 1005/2009, the importation, from outside the territory of the European Union, of controlled substances (ODS) shall be allowed subject to an import licence. Such licences are issued by the European Commission after verification of compliance with Articles 16 and 20.
Imports of ODS from outside the territory of the European Union are subject to quota allocation – by the European Commission. Their allocation for the following year takes place in December each year and is published in Commission Decisions.

What to do and when?

• Normally, in the spring of each year, the European Commission publishes notices in the Official Journal of the European Union (Official Journal) to importers who intend to import ODS from outside the Community in the following year.
• In the period July-August each year, operators who wish to import EMS between 1 January and 31 December of the following year should complete an import declaration in the Main ODS Database for the ODS they intend to import.
• Between September and December of each year, on the basis of an examination by the European Commission and the Management Committee of the declarations submitted, based on Article 16 of Regulation (EC) 1005/2009, the European Commission takes a Decision on the import quotas for the following year. The decision is published in the Official Journal of the European Commission (Official Journal) and each company is notified.
• In the given year in which the trader intends to import, a licence application must be submitted to the ODS Database on the basis of the allocated quota.

EXPORT

How do I export the ODS?
On the basis of Article 17 of Regulation (EC) No 1005/2009, the export, outside the territory of the European Union, of controlled substances (ODS) shall be allowed upon the granting of an export licence. Such licences are issued by the European Commission after verification of their compliance with Articles 16 and 20.

What to do and when?

n the spring of each year, the European Commission publishes notices in the Official Journal of the European Union (Official Journal) to exporters who wish to export ODS outside the European Community in the following year.

• In the period July-August each year, operators who wish to export ODS in the following year should complete an export declaration in the Main ODS Database for the ODS they intend to export.
• In the given year in which the operator intends to export, an application for an export licence must be submitted to the ODS Database, based on the ODS export declaration to be exported.

For more information see:

1. In the Licensing Manual for ODS:

• Part I – General information
  Licensing Manual for Substances that Deplete the Ozone Layer (POPs) – General Information (Part I – Polish version)
  Licensing Manual for Substances that Deplete the Ozone Layer (POPs) – General Information (Part I English version)
• Part VI – Importers
• Licensing Manual for Substances that Deplete the Ozone Layer – Importers (Part VI – Polish version)
  Licensing Manual for Substances that Deplete the Ozone Layer (ODS) – Importers (Part VI English version)
• Part VII – Exporters
  Licensing Manual for Substances that Deplete the Ozone Layer (ODS) – Exporters (Part VII, Polish version)
  Ozone Depleting Substances (ODS) Licensing Manual – Exporters (Part VII, English version)
• Part VIII – Manufacturers
  Ozone Depleting Substances (ODS) Licensing Manual – Producers (Part VIII, English version)
• Part X – Laboratories
  Licensing manual for ozone-depleting substances (ODS) – Laboratories (Part X, Polish version)
  Ozone-depleting substances (ODS) – Licensing manual – Laboratories (Part X – English version)

2. Na stronie Komisji Europejskiej.
3. In documents made available by European Commission .