The EC Ozone Regulation (EC/2037/2000) provides the legislative framework for EU Member States to meet their obligations under the Montreal Protocol, which was the international agreement drawn upto halt the damage to the ozone layer.

The most harmful ozone-depleting substances (e.g. CFCs like R12) were banned in the 1990s. New equipment using less harmful “transitional” HCFC refrigerants like R22 was banned in 2001 (or 2004 for small air-conditioning systems). Up until the end of 2009 it is still legal to use virgin HCFCs to service and maintain existing refrigeration and air-conditioning (RAC) equipment. However, under the Ozone Regulation such use will soon be banned in EC Member States. See Information Sheet RAC 3 for details of the current legal obligations.

The two key phase-out dates are:

• ?? From 1st January 2010 it will be illegal to use virgin HCFCs to service RAC equipment. Note, this ban applies even if HCFC was purchased before the ban date. It is illegal to stockpile and use any supplies of virgin HCFCs after the end of 2009.
• From 1st January 2015 it will be illegal to use recycled or reclaimed HCFCs to service RAC equipment. It should be noted that supplies of recycled or reclaimed HCFCs may be very limitedand very expensive.

The imminent ban on the use of virgin HCFC gases represents a very real business threat to any company which uses refrigerants like R22 or R408A in their processes or air conditioning systems.

R22 remains one of the most commonly used refrigerants in the UK so many organisations will be affected by the ban. Sectors at greatest risk include the food and drink industry, petro-chemicals,
pharmaceuticals, health, retail, hospitality, finance and  data-processing. Typical applications can vary widely, but examples include refrigeration systems in supermarkets, blast chillers, cold stores and process coolers and many types of building air-conditioning. Many of these applications are absolutely critical to the continued operation of their owner’s business.

It should be noted that the bans described above refer to the “use” of HCFCs. This specifically means use for servicing and maintenance. It will remain legal to continue using RAC equipment containing  HCFCs beyond the phase out dates providing they do not require maintenance that involves putting  any HCFCs back into a system.

Given that most refrigeration systems leak to a certain degree, all current users of HCFC systems  must develop a plan to manage their operations without virgin gas after December 2009. Doing nothing is not a sustainable option. Given the serious implications and potential costs, businesses  should follow a strategic approach.

The current EC Ozone Regulation has been under review during 2009. A new Regulation has been agreed by EC Member States and is due to come into force on 1 January 2010. The new Regulation
slightly changes the rules for continuing use of HCFCs in RAC systems.

View the whole information sheet here