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Regulation (EU) 2024/590 CHAPTER V — Emission control

Article 20–Article 21 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Recovery and destruction of used ozone-depleting substances

Article 20

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1. Ozone-depleting substances which are contained in refrigeration and air-conditioning equipment and heat pumps, equipment containing solvents or fire protection systems and fire extinguishers shall, during the maintenance or servicing of equipment or before the dismantling or disposal of equipment, be recovered for destruction, recycling or reclamation, unless such recovery is regulated under other Union legal acts. 2. From 1 January 2025, building owners and contractors shall ensure that, during renovation, refurbishing or demolition activities implying the removal of foam panels that contain foams with ozone-depleting substances listed in Annex I, emissions are avoided to the extent possible by handling the foams or the substances contained therein in a way that ensures the destruction of those substances. In the case of recovery of those substances, the recovery shall be carried out only by appropriately qualified natural persons. 3. From 1 January 2025, building owners and contractors shall ensure that, during renovation, refurbishing or demolition activities implying the removal of foams in laminated boards installed in cavities or built-up structures that contain ozone-depleting substances listed in Annex I, emissions are avoided to the extent possible by handling the foams or the substances contained therein in a way that ensures the destruction of those substances. In the case of recovery of those substances, the recovery shall be carried out only by appropriately qualified natural persons. Where removal of the foams referred to in the first subparagraph is not technically feasible, the building owner or contractor shall draw up documentation providing evidence on the infeasibility of the removal in the specific case. Such documentation shall be kept for 5 years and shall be made available, upon request, to the competent authority of the Member State concerned or to the Commission. 4. Halons contained in fire protection systems and fire extinguishers shall, during the maintenance or servicing of equipment or before the dismantling or disposal of equipment, be recovered for recycling or reclamation. The destruction of halons shall be prohibited unless there is documented evidence that the purity of the recovered or recycled substance does not technically allow its reclamation and subsequent re-use. Undertakings destroying halons in such cases shall keep this documentation for at least 5 years. Such documentation shall be made available, upon request, to the competent authority of the Member State concerned or to the Commission. 5. Ozone-depleting substances contained in products and equipment other than those referred to in paragraphs 1 to 4 shall, if technically and economically feasible, be recovered for destruction, recycling or reclamation, or shall be destroyed without prior recovery, unless such recovery is regulated under other Union legal acts. 6. Ozone-depleting substances listed in Annex I, and products and equipment containing such substances, shall be destroyed only by destruction technology that has been approved by the Parties to the Protocol. Other ozone-depleting substances for which the destruction technology has not been approved shall be destroyed only by destruction technology that complies with Union and national law on waste and where additional requirements under such law are met. 7. The Commission is empowered to adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing a list of products and equipment for which the recovery of ozone-depleting substances or destruction of products and equipment without prior recovery of ozone-depleting substances shall be considered technically and economically feasible, specifying, if appropriate, the technology to be applied. 8. Member States shall promote the recovery, recycling, reclamation and destruction of ozone-depleting substances listed in Annex I and shall establish the minimum qualification requirements for the personnel involved.

Release of ozone-depleting substances and leak checks

Article 21

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1. The intentional release of ozone-depleting substances into the atmosphere, including when contained in products and equipment, shall be prohibited where the release is not technically necessary for the intended uses permitted under this Regulation. 2. Undertakings shall take all necessary precautions to prevent and minimise any unintentional release of ozone-depleting substances during production, including where a release is inadvertently produced in the course of the production of other chemicals, equipment manufacturing process, use, storage and transfer from one container or system to another or transport. 3. Operators of refrigeration and air conditioning equipment or heat pumps, or fire protection systems, including their circuits, which contain ozone-depleting substances listed in Annex I shall ensure that stationary equipment or systems: (a) with a fluid charge of 3 kg or more but less than 30 kg of ozone-depleting substances listed in Annex I are checked for leaks at least once every 12 months, with the exception of equipment with hermetically sealed systems which are labelled as such and contain less than 6 kg of ozone-depleting substances listed in Annex I; (b) with a fluid charge of 30 kg or more but less than 300 kg of ozone-depleting substances listed in Annex I are checked for leaks at least once every 6 months; (c) with a fluid charge of 300 kg or more of ozone-depleting substances listed in Annex I are checked for leaks at least once every 3 months. 4. Operators of equipment or systems containing ozone-depleting substances shall ensure that any detected leakage is repaired without undue delay, without prejudice to the prohibition to use those ozone-depleting substances, unless such recovery is regulated under other Union legal acts. 5. Operators referred to in paragraph 4 shall keep records of the quantity and type of halons added and of ozone-depleting substances listed in Annex I recovered during maintenance or servicing and final disposal of the equipment or systems referred to in that paragraph. They shall also keep records of other relevant information, including the identification of the undertaking which performed leak checks, the maintenance or servicing, as well as the dates and results of the leak checks carried out. Those records shall be kept for at least 5 years and shall be made available, upon request, to the competent authority of the Member State concerned or to the Commission. 6. Member States shall establish the minimum qualification requirements for the personnel carrying out activities referred to in paragraphs 3 and 4.

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