In general, the import and export of ozone depleting substances (ODS), or products and equipment containing or relying on ozone depleting substances is prohibited under EU Law. However, there are a number of exceptions to this general rule. These exceptions are listed in Regulation 1005/2009 under Article 15 for Imports and Article 17 for Exports.
All imports and exports that take place under the various exemptions set out in Articles 15 and 17 respectively are subject to licensing. The European Commission’s DG-CLIMA Directorate operates an ODS Licensing System, under which licenses are issued by DG-CLIMA to the importer or exporter.
To request an import or an export licence, importers/exporters should register and log in to the Climate Action Business Portal, and then follow the specified procedure. Annual quotas are allocated to ozone depleting substances (ODS) being imported for free circulation.
Different licence types are available for different types of imports and exports. The Commission has produced a series of Quick Guides and Manuals to assist importers and exporters through the process.
Bulk licences (annual licence for multiple shipments) are now available for the import and export of halon-based fire extinguishers (whether portable or fixed) to be used on aircraft for critical uses, and the import or export of aircraft with such extinguishers on board.
In the aviation sector, through a simplified process, it is possible to apply for a bulk licence for the import and export of products or equipment containing or relying on halon for critical use on aircraft (e.g. fire extinguishers on board aircraft). Under the simplified process, an import or export licence for products and equipment containing or relying on halons for critical uses in aircraft will be valid from the date of issuing until the end of the calendar year for which it was issued and can be used for multiple shipments. Separate licences are necessary for imports and for exports.
There are also special rules for the import of certain ozone depleting substances that may be used in the essential laboratory and analytical uses. Controlled substances may only be used in laboratories for essential uses where no alternative is available. Importers, suppliers (distributors) and users of ODS for essential laboratory and analytical uses must register on the Commission's Laboratory ODS Database.
All goods imported or exported must be declared according to 8-digit codes, known as Common Nomenclature (CN) or commodity codes. All ozone depleting substances are assigned unique CN codes, as listed in Annex IV of Regulation 1005/2009. In addition, the Commission has identified numerous other types of goods that may fall under the requirements of Regulation 1005/2009.
In the case of import or export of a good that has a CN code which has been identified as possibly falling under the requirements of Regulation 1005/2009, importers or exporters should satisfy themselves that they have adhered to the necessary licensing procedures in the event that the good is an ozone depleting substance.
Further information on the procedure to follow when declaring goods is available from Customs AEP Helpdesk: Lo-call: 1890 204 304. (Open 9am - 5pm Mon-Fri). Email: firstname.lastname@example.org.
Register or login to the European Commission’s ODS Licensing System
Download the EU's Import and Export Licensing Manuals
Download the European Commission’s list of CN codes
Download the Presentation to Irish Exporters Association (Waterford, 31st March 2010)