New licensing requirements under Regulation (EU) 2024/590 of the European Parliament and of the Council of 7th of February 2024 on substances that deplete the ozone layer (the “Regulation”) will become applicable on the 3rd of March 2025. The Regulation provides for the licensing of the import and export of ozone-depleting substances (“Ozone-Depleting Substance/s” or “ODS”). Any aircraft that is imported to or exported from the EU is required to obtain an ODS license for customs purposes.
Accordingly, with effect from the 3rd of March 2025, new ODS licenses issued under the Regulation must be used for customs clearance purposes. These new licence types have a validity period of three (3) years; they cover multiple shipments and require less details than the previously used licence types. This was also announced by the Ozone Layer Protection Team within the European Commission’s DG Climate Action Unit through its portals.
In addition, by the 31st of March 2025 and every year thereafter, each undertaking within the scope of the Regulation shall report the data listed in the Regulation for each Ozone-Depleting Substance of the previous calendar year to the Commission via an electronic reporting tool. Broadly, this obligation would apply to any undertaking importing or exporting aircraft and/or any undertaking registered on the ODS licensing system for this purpose.
The Regulation repeals Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16th of September 2009 on substances that deplete the ozone layer, which previously catered for the provision of ODS licenses.
The Regulation
The Regulation was adopted on the 7th of February 2024 by the European Parliament and Council as part of the Commission’s ambition to make Europe the first climate-neutral and zero pollution continent by 2050. It aims to protect the health and well-being of citizens from environment-related risks and impacts, while ensuring an inclusive, fair and just transition, leaving no one behind. The Regulation seeks to address the impact of continuous emissions of Ozone-Depleting Substances, whilst retaining focus on a fair and prosperous society with a modern, resource-efficient and competitive economy.
In order to facilitate customs controls, the Regulation specifies the information to be submitted to customs authorities in Member States where Ozone-Depleting Substances, products and equipment covered by the Regulation are imported or exported, as well as the tasks of customs authorities and, where relevant, market surveillance authorities, when they implement the prohibitions and restrictions on imports or exports of those substances, products and equipment.
Accordingly, the Regulation provides for a licensing system on imports and exports of Ozone-Depleting Substances (including aircraft) which is an essential requirement for monitoring trade and preventing illegal activities in this respect. As a result, for an aircraft to be imported to or exported from the EU, it is required to obtain an ODS license for this purpose. There are separate import and export licenses in this respect.
Mamo TCV & Aviation
Mamo TCV Advocates is one of the foremost law firms in Malta in the Aviation Sector and is a market leader in this area. The Firm covers the full spectrum of aviation-related legal work and is noted for its experience in complex corporate structures relating to the ownership and operation of aircraft. The Firm specialises in all aspects of Aviation Law including asset finance, sale and purchase of aircraft, liability claims, passenger claim handling, tax and corporate set ups, asset repossession and arrest, European aviation law and drafting of legislation in the area. The Firm also regularly advises operators and owners with the import and export aircraft in and out of the EU, including the compliance with any ODS requirements in this respect.
Feel free to get in touch with us to discuss our aviation practise and the services we can provide to your business, including assisting you with navigating your legal and regulatory obligations, on aviation@mamotcv.com
This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr. Nicholas Valenzia and Dr. Joshua Chircop.