Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer, No. 1005 (as amended)

Regulation (EC) No 1005/2009, enacted by the European Parliament and the Council on September 16, 2009, addresses substances that deplete the ozone layer. Its primary purpose is to safeguard the Earth's ozone layer by establishing stringent requirements for the control, management, and reduction of substances identified as ozone-depleting.

Purpose: The regulation is designed to align with international agreements, such as the Montreal Protocol, and contribute to the global effort of phasing out the production and consumption of ozone-depleting substances. This aims to protect human health, ecosystems, and the environment from the harmful effects of ozone depletion and its associated impacts.

Requirements: Key requirements of the regulation include:

• Phasedown Strategy: The regulation outlines a structured approach to progressively reduce the production, consumption, and use of ozone-depleting substances.
• Import and Export Controls: Strict controls are placed on the import and export of products and equipment containing these substances, ensuring compliance with phasedown targets and discouraging illegal trade.
• Quota System: A quota system is established to limit the amount of ozone-depleting substances that can be placed on the market, promoting the transition to safer alternatives.
• Data Reporting: The regulation mandates reporting of data related to the production, import, and export of controlled substances, enhancing transparency and monitoring efforts.

Applicability in the UK: The regulation applied to the United Kingdom (UK) as a member of the European Union. However, due to the UK's withdrawal from the EU (Brexit), as of January 1, 2021, the direct applicability of EU regulations such as (EC) No 1005/2009 ceased in the UK. Instead, the UK established its own regulations to address ozone-depleting substances and their management.

Regulation (EC) No 1005/2009 of the European Parliament and of the Council, enacted on September 16, 2009, addresses substances that deplete the ozone layer. The regulation includes specific evidence requirements aimed at ensuring compliance with the regulation's objectives to control and reduce the use of ozone-depleting substances. These evidence requirements are integral to the implementation and enforcement of the regulation's provisions.

Evidence Requirements: The regulation stipulates various evidence-related aspects to support its implementation:

1. Reporting Obligations: The regulation mandates that relevant stakeholders, such as producers, importers, and exporters of ozone-depleting substances, provide comprehensive and accurate reports on their activities. These reports include data on production, imports, exports, and other relevant information.
2. Data Sharing: Stakeholders are required to share data with competent authorities, ensuring transparency and allowing for effective monitoring of the quantities of controlled substances in circulation.
3. Quota Entitlements: The regulation establishes a quota system to control the availability of ozone-depleting substances in the market. Stakeholders must provide evidence of their entitlement to quotas when placing these substances on the market.
4. Import and Export Documentation: Importers and exporters of controlled substances must provide documentation that verifies compliance with the regulation's import and export controls. This documentation aids in preventing illegal trade and ensuring that substances are traded in accordance with the regulation's provisions.
5. Verification of Compliance: Competent authorities have the power to verify the accuracy and completeness of the information provided by stakeholders. This includes inspections, audits, and other verification mechanisms to confirm compliance with the regulation's requirements.

The evidence requirements outlined in Regulation (EC) No 1005/2009 are designed to create a robust system for tracking, monitoring, and controlling ozone-depleting substances. By ensuring accurate reporting, data sharing, and compliance verification, the regulation aims to effectively reduce the use of these substances and contribute to the protection of the ozone layer and the environment as a whole.