Ozone-depleting substances - ODS - (Controlled Substances)
- Document symbol
- G/LIC/N/3/EU/13
- Original language
- English
- Published on
- 19/11/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The import of ozone-depleting substances (ODS) is subject to licensing. In the context of the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on the substances that deplete the ozone layer, the European Commission issues ODS licences based on applications submitted via the ODS Licensing System.
Imports and export of controlled substances, referred to hereby as ozone depleting substances (ODS) and products and equipment containing or relying on ODS are prohibited. However, there are exemptions to this prohibition with regards to certain uses (ODS used as feedstock, for essential laboratory and analytical uses, as process agents and for critical uses of halons). For these exempted uses, import and export is lawful, subject to a license.
Licenses until 2 March 2025 are issued in accordance with Article 18 of the 2009 Regulation and covers each shipment into and out of the Union. As from 3 March 2025, licenses will no longer be per shipment, but will be issued in accordance with the 2024 Regulation and will covers multiple imports and exports.
The reason why per shipment license are no longer needed is because as from 3 March 2025 the interconnection between the EU ODS licensing system and national customs systems of EU Member states will become obligatory via the EU Single Window Environment for Customs. The interconnection will allow automatic custom controls in real time, at shipment level, of all controlled ODS in bulk or contained in products and equipment, as well as the electronic exchange and storage of information on each shipment of ODS.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
For information on types of imports and exports of ODS permitted in the European Union, subject to a license, see Articles 13 and 14 of the ODS Regulation respectively.
Annex I to the Regulation outlines the controlled substances. Where the import of these substances is permitted under Article 13, and the export under Article 14 of the ODS Regulation, a license is required. Substances listed in Annex II to the Regulation (i.e., new substances) are not subject to licensing but subject to reporting obligations by the concerned undertakings.
Article 19 of the ODS Regulation prohibits the import of the ozone depleting substances listed in its Annex I and of products or equipment containing or relying on such substances from any State not party to the Montreal Protocol.
Licensing System:
A licence is required in case of import and export of ODS. Licences are issued by the European Commission with the use of a software called the ODS Licensing System. Undertakings must be registered in the system prior to requesting for a license.
Undertakings that request a license can be EU and non-EU companies. Non-EU undertakings must nominate an only representative established in the EU that assumes full responsibility for compliance with the requirements of the ODS Regulation.
| Substances (ODS) | CN/TARIC code[1] |
|---|---|
| CFC-11 | 2903 77 60 90 |
| CFC-12 | 2903 77 60 90 |
| CFC-113 | 2903 77 60 90 |
| CFC-113a | 2903 77 60 10 |
| CFC-114 | 2903 77 60 90 |
| CFC-115 | 2903 77 60 90 |
| CFC-13 | 2903 77 90 60 |
| CFC-111 | 2903 77 90 15 |
| CFC-112 | 2903 77 90 20 |
| CFC-211 | 2903 77 90 25 |
| CFC-212 | 2903 77 90 30 |
| CFC-213 | 2903 77 90 35 |
| CFC-214 | 2903 77 90 40 |
| CFC-215 | 2903 77 90 45 |
| CFC-216 | 2903 77 90 50 |
| CFC-217 | 2903 77 90 55 |
| Halon-1211 | 2903 76 10 00 |
| Halon-1301 | 2903 76 20 00 |
| Halon-2402 | 2903 76 90 00 |
| Carbon tetrachloride | 2903 14 00 00 |
| 1,1,1-trichloroethane | 2903 19 00 10 |
| Methyl bromide | 2903 61 00 00 |
| HBFC-21 B2 | 2903 79 30 90 |
| HBFC-22 B1 | 2903 79 30 90 |
| HBFC-31 B1 | 2903 79 30 90 |
| HBFC-121 B4 | 2903 79 30 90 |
| HBFC-122 B3 | 2903 79 30 90 |
| HBFC-123 B2 | 2903 79 30 90 |
| HBFC-124 B1 | 2903 79 30 90 |
| HBFC-131 B3 | 2903 79 30 90 |
| HBFC-132 B2 | 2903 79 30 90 |
| HBFC-133 B1 | 2903 79 30 90 |
| HBFC-133a B1 | 2903 79 30 90 |
| HBFC-141 B2 | 2903 79 30 90 |
| HBFC-142 B1 | 2903 79 30 90 |
| HBFC-151 B1 | 2903 79 30 90 |
| HBFC-221 B6 | 2903 79 30 90 |
| HBFC-222 B5 | 2903 79 30 90 |
| HBFC-223 B4 | 2903 79 30 90 |
| HBFC-224 B3 | 2903 79 30 90 |
| HBFC-225 B2 | 2903 79 30 90 |
| HBFC-226 B1 | 2903 79 30 90 |
| HBFC-231 B5 | 2903 79 30 90 |
| HBFC-232 B4 | 2903 79 30 90 |
| HBFC-233 B3 | 2903 79 30 90 |
| HBFC-234 B2 | 2903 79 30 90 |
| HBFC-235 B1 | 2903 79 30 90 |
| HBFC-241 B4 | 2903 79 30 90 |
| HBFC-242 B3 | 2903 79 30 90 |
| HBFC-243 B2 | 2903 79 30 90 |
| HBFC-244 B1 | 2903 79 30 90 |
| HBFC-251 B1 | 2903 79 30 90 |
| HBFC-252 B2 | 2903 79 30 90 |
| HBFC-253 B1 (CAS: 421-46-5) | 2903 79 30 90 |
| HBFC-253 B1 (CAS: 460-32-2) | 2903 79 30 90 |
| HBFC-261 B2 | 2903 79 30 90 |
| HBFC-262 B1 | 2903 79 30 90 |
| HBFC-271 B1 | 2903 79 30 90 |
| HCFC-21 | 2903 79 30 90 |
| HCFC-22 | 2903 71 00 00 |
| HCFC-31 | 2903 79 30 90 |
| HCFC-121 | 2903 79 30 90 |
| HCFC-121a | 2903 79 30 90 |
| HCFC-122 | 2903 79 30 90 |
| HCFC-123 | 2903 72 00 00 |
| HCFC-123a | 2903 72 00 00 |
| HCFC-124 | 2903 79 30 90 |
| HCFC-124a | 2903 79 30 90 |
| HCFC-131 | 2903 79 30 90 |
| HCFC-132 | 2903 79 30 90 |
| HCFC-133 | 2903 79 30 90 |
| HCFC-133a | 2903 79 30 90 |
| HCFC-141 | 2903 73 00 00 |
| HCFC-141b | 2903 73 00 00 |
| HCFC-142 | 2903 74 00 00 |
| HCFC-142b | 2903 74 00 00 |
| HCFC-151 | 2903 79 30 90 |
| HCFC-221 | 2903 79 30 90 |
| HCFC-222 | 2903 79 30 90 |
| HCFC-223 | 2903 79 30 90 |
| HCFC-224 | 2903 79 30 90 |
| HCFC-225 | 2903 75 00 00 |
| HCFC-225ca | 2903 75 00 00 |
| HCFC-225cb | 2903 75 00 00 |
| HCFC-226 | 2903 79 30 90 |
| HCFC-231 | 2903 79 30 90 |
| HCFC-232 | 2903 79 30 90 |
| HCFC-233 | 2903 79 30 90 |
| HCFC-234 | 2903 79 30 90 |
| HCFC-235 | 2903 79 30 90 |
| HCFC-241 | 2903 79 30 90 |
| HCFC-242 | 2903 79 30 90 |
| HCFC-243 | 2903 79 30 90 |
| HCFC-244 | 2903 79 30 90 |
| HCFC-251 | 2903 79 30 90 |
| HCFC-252 | 2903 79 30 90 |
| HCFC-253 | 2903 79 30 90 |
| HCFC-261 | 2903 79 30 90 |
| HCFC-262 | 2903 79 30 90 |
| HCFC-271 | 2903 79 30 90 |
| Bromochloromethane | 2903 79 30 20 |
[1] Commission Implementing Regulation (EU) No. 2021/1832 of 12 October 2021 amending Annex I to Council Regulation (EEC) No. 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, as modified through the corrigendum published in the EU Official Journal L 414, 19.11.2021.
| Mixtures of substances containing ODS | CN/TARIC code |
|---|---|
| Deuterium and compounds thereof; ...; mixtures and solutions containing these products | 2845 90 10 00 |
| Isotopes other than those of heading 2844;...other, other | 2845 90 90 90 |
| Preparations and charges for fire-extinguishers … for use in certain types of aircraft | 3813 00 00 10 |
| Preparations and charges for fire-extinguishers … other | 3813 00 00 90 |
| Diagnostic or laboratory reagents ...; certified reference materials, for SARS-CoV virus species | 3822 19 00 10 |
| Diagnostic or laboratory reagents ...; certified reference materials, Other; Other | 3822 19 00 90 |
| Diagnostic or laboratory reagents ...; certified reference materials, Other | 3822 90 00 00 |
| Mixtures containing chlorofluorocarbons (CFCs), whether or not containing (HCFCs), (PFCs) or (HFCs) | 3827 11 00 00 |
| Mixtures containing hydrobromofluorocarbons (HBFCs) | 3827 12 00 00 |
| Mixtures containing carbon tetrachloride | 3827 13 00 00 |
| Mixtures containing 1,1,1-trichloroethane (methyl chloroform) | 3827 14 00 00 |
| Mixtures containing bromochlorodifluoromethane, bromotrifluoromethane or dibromotetrafluoroethanes (Halons) | 3827 20 00 00 |
| Mixtures containing hydrochlorofluorocarbons (HCFCs), ..., but not containing chlorofluorocarbons (CFCs), containing hydrofluorocarbons (HFCs) of subheadings 2903 41 to 2903 48 | 3827 31 00 00 |
| Mixtures containing hydrochlorofluorocarbons (HCFCs), ..., but not containing chlorofluorocarbons (CFCs), other, containing substances (HCFCs) of subheadings 2903 71 to 2903 75 | 3827 32 00 00 |
| Mixtures containing hydrochlorofluorocarbons (HCFCs), ..., but not containing chlorofluorocarbons (CFCs), other | 3827 39 00 00 |
| Mixtures containing bromomethane (methyl bromide) or bromochloromethane | 3827 40 00 00 |
| Products & equipment containing or relying on ODS | CN/TARIC code |
|---|---|
| Mechanical appliances... - Fire extinguishers, whether or not charged - for use in civil aircraft | 8424 10 00 10 |
| Mechanical appliances... - Fire extinguishers, whether or not charged - other | 8424 10 00 90 |
| Mechanical appliances ... Parts...Of fire extinguishers, for use in certain types of aircraft | 8424 90 80 20 |
| Mechanical appliances ... Parts…other | 8424 90 80 80 |
| Tanks and other armoured fighting vehicles, motorised, whether or not fitted with weapons, and parts of such vehicles | 8710 00 00 00 |
| Other aircraft…Helicopters... of an unladen weight not exceeding 2,000 kg…for civil use | 8802 11 00 10 |
| Other aircraft…Helicopters... of an unladen weight not exceeding 2,000 kg…other | 8802 11 00 90 |
| Other aircraft... helicopters... of an unladen weight exceeding 2,000 kg…for civil use | 8802 12 00 10 |
| Other aircraft... helicopters... of an unladen weight exceeding 2,000 kg…other | 8802 12 00 90 |
| Other aircraft... aeroplanes... of an unladen weight not exceeding 2,000 kg…for civil use | 8802 20 00 10 |
| Other aircraft... aeroplanes... of an unladen weight not exceeding 2,000 kg…other | 8802 20 00 90 |
| Other aircraft... aeroplanes... of an unladen weight exceeding 2,000 kg but not exceeding 15,000 kg…for civil use | 8802 30 00 10 |
| Other aircraft... aeroplanes... of an unladen weight exceeding 2,000 kg but not exceeding 15,000 kg…other | 8802 30 00 90 |
| Aeroplanes and other aircraft, of an unladen weight exceeding 15,000 kg but not exceeding 38,000 kg | 8802 40 00 11 |
| Aeroplanes and other aircraft, of an unladen weight exceeding 38,000 kg but not exceeding 100,000 kg | 8802 40 00 13 |
| Aeroplanes and other aircraft, of an unladen weight exceeding 100,000 kg but not exceeding 124,000 kg | 8802 40 00 15 |
| Aeroplanes and other aircraft, of an unladen weight exceeding 124,000 kg but not exceeding 132,000 kg | 8802 40 00 17 |
| Aeroplanes and other aircraft, of an unladen weight exceeding 132,000 kg but not exceeding 140,000 kg | 8802 40 00 19 |
| Aeroplanes and other aircraft, of an unladen weight exceeding 140,000 kg | 8802 40 00 21 |
| Aeroplanes and other aircraft, of an unladen weight exceeding 15,000 kg…For civil use…other | 8802 40 00 29 |
| Other aircraft... aeroplanes of an unladen weight exceeding 15,000 kg…other | 8802 40 00 90 |
| Cruise ships, excursion boats and similar vessels principally designed for the transport of persons; ferry-boats of all kinds - seagoing | 8901 10 10 00 |
| Refrigerated vessels other than those of 8901 20 - seagoing | 8901 30 10 00 |
| Fishing vessels; factory ships and other vessels for ... fishery products - seagoing | 8902 00 10 00 |
| Floating or submersible drilling or production platforms | 8905 20 00 00 |
| Warships | 8906 10 00 00 |
| Instruments and apparatus for physical or chemical analysis… Spectrometers | 9027 30 00 00 |
Q3. The system applies to goods originating in and coming from which countries?
Country restrictions:
An ODS licence will not be issued in cases of import of certain substance groups from certain countries as a consequence of an exclusion defined in the Regulation: the Regulation under Article 20 (1) prohibits the import of ODS and of products and equipment containing or relying on ODS from any country not party to the Montreal Protocol.
In short, trade of a certain group of ODS with countries which have not ratified the amendment of the Montreal Protocol related to that group is not allowed.
Some territories of Member States of the EU are excluded from ratification of the Montreal Protocol or its amendments and therefore trade with these territories may be limited or prohibited.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
Customs procedure:
The licensing requirement applies for all import and export procedures (thus including special procedures such as transit, customs warehousing etc.), except for goods in temporary storage and re-export after temporary storage. Non-refillable containers (empty or not) are prohibited under all import/export, including temporary storage, unless for laboratory uses.
Country restrictions:
The Regulation under Article 19 prohibits the import of ODS listed in Annex I and of products and equipment containing or relying on such substances from any country not party to the Montreal Protocol.
Restrictions in ODS trade are imposed by the Montreal Protocol and its amendments. The amendments to the Protocol provide specific limitations for different substance groups. A particular group of ODS can be imported from a country if this country has ratified the relevant amendment to the Montreal Protocol. It is possible that a country may be party to the Protocol for one substance group but not for another. This requirement is applicable to all Montreal Protocol signatories. In short, trade of a certain group of ODS with countries which have not ratified the amendment of the Montreal Protocol related to that group is not allowed.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Regulation (EU) 2024/590 of the European Parliament and of the Council 7 February 2024 on substances that deplete the ozone layer, repealing Regulation (EC) No 1005/2009 (the ODS Regulation).
OJ L, 2024/590, 20.2.2024, ELI: http://data.europa.eu/eli/reg/2024/590/oj .
Article 31 of the ODS Regulation states that Article 18 of the 2009 ODS Regulation continues to apply up until 2 March 2025. This means that until 2 March 2025, the European Commission will continue issuing licenses under the rules set out in Article 18 of the repealed 2009 ODS Regulation.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
An importer must hold quota for the import of the ODS in the case of some imports. Quota is allocated annually for the next calendar year.
Imports for the following uses require quota:
• Essential laboratory and analytical uses; • Halons for critical uses; • Feedstock uses; • Process agent uses.
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
At the beginning of each year the Commission publishes a notice in the Official Journal of the European Union about the quota procedure for the following year. The notice informs about the relevant details of the quota application process for the following year including the deadline for applying for quota. Importers and producers request quota for the period from 1 January to 31 December of the following year.
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Quota is determined on yearly basis.
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
The unused quota is not added to next quota period. The Commission notifies importers of the quantity of the ODS and the use for which the import is authorised for the following year. The competent authorities of Member States also receive this information.
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Usually it is about one month where companies can apply for quota. The exact timeframe is defined annually and notified in the notice in the Official Journal of the European Union.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
The Commission processes the applications in about five-ten working days.
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
It is usually approximately a three month period between the vote of the Member States on allocating quota and the beginning of the quota year.
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The importer must approach only one institution which is the European Commission.
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
The decision on how much quota an importer or producer receives is made in accordance with the quota allocation procedure set out in Regulation (EC) No. 1005/2009, Article 10 and Commission Regulation (EU) No. 537/2011.
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Export licences are not issued automatically if import licence is required.
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Licences for imports of HCFC for uses other than laboratory and analytical uses, feedstock or destruction were issued until end of 2019 under the condition that the good was later re-exported. The imported good was to be re-packaged and re-exported. Such type of import is not anymore allowed. More detail is provided in Regulation (EC) No. 1005/2009, Article 15 (2)(e).
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Q7.b. Can a licence be granted immediately on request?
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
The reason for rejection is always provided in the licence application form and it is the failure to meet ordinary criteria. The reason for rejection is always provided in the licence application form and it is the failure to meet ordinary criteria.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Any undertaking (EU and non-EU) which is defined as natural or legal person can request to register in the ODS Licensing System and, subject to validation of its request, can apply for an ODS licence. This service is free of charge.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The general content of a licence form is the following:
• Consignee; • Country of destination; • Exporter; • Country of export; • Customs of entry; • Customs of import; • Customs procedure; • Commercial description; • Substance name; • Use; • CN code; • CAS-number; • GROSS mass; • NET mass; • Number of units; • Nature of substance
Licences for import (and export) of fire extinguishers containing halon for use on aircrafts do not contain information on the gross mass and net mass.
As from 3 March 2025, the Commission will be issuing trader licenses for undertakings registered in the ODS licensing system for imports and exports of ODS in bulk or contained in products and equipment in accordance with Article 16 and Annex VII of the ODS Regulation. The general content of a licence form as from 3 March 2025 will be simplified as it will no longer be issued for a specific shipment but for multiple ones.
Q11. What documents are required upon actual importation?
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Until 2 March 2025:
The licence is for each trader for a specific shipment, thus it cannot be extended or transferred. The undertaking must cancel an expired licence and apply for a new licence.
Most import licences have a maximum validity of 28 days (seven days before and 21 days after the estimated date of import). In cases where this validity period exceeds the licensing year (before 1 January and after 31 December), the validity period is cut accordingly. The validity of the licence is also cut when the date of issue is less than seven days before the estimated date of import or if the licence is issued after that date.
Different rules apply to the validity period for the import (and export) licences for fire extinguishers containing halon for use on aircrafts. Such licence is valid from the day it is issued until the end of the calendar year for which it was issued. In cases where the application proceeds the licensing year (i.e., it is issued before 1 January), the validity period starts 1 January of the following year. Such licences can be used multiple times during their validity period, unlike all other licence types that can be used only once.
As from 3 March 2025:
The Commission will be issuing trader licenses for undertakings already registered in the ODS licensing system for imports and exports of ODS in bulk or contained in products and equipment in accordance with Article 16 and Annex VII of the ODS Regulation. The licensing will be issued to each concerned undertakings for multiple shipments. They will be time-limited and remain valid unless they expire or become suspended or cancelled by the Commission in cases of non-compliance with the ODS Regulation. Licenses will be subject to automatic, real time, customs checks via the EU Single Window for Customs.