31.10.2009 Official Journal of the European Union L 286/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS REGULATION (EC) No 1005/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 September 2009 on substances that deplete the ozone layer (recast) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), Whereas: Regulation (EC) No 2037/2000 of the European Parlia- ment and of the Council of 29 June 2000 on substances that deplete the ozone layer (}) has been substantially amended several times. Since further amendments are to be made, it should be recast in the interests of clarity. 1 It is established that continued emissions of ozone- depleting substances (ODS) cause significant damage to the ozone layer. There is clear evidence of a decrease in the atmospheric burden of ODS and some early signs of strato- spheric ozone recovery have been observed. However, the recovery of the ozone layer to the concentrations level existing before 1980 is not projected to take place before (1) O C 100, 30.4.2009, p. 135. (?) Opinion of the European Parliament of 25 March 2009 (not yet pub- lished in the Official Journal) and Council Decision of 27 July 2009. () OJ L 244, 29.9.2000, p. 1. the middle of the 21st century. Increased UV-B radiation resulting from ozone depletion therefore persists as a sig- nificant threat to health and environment. At the same time, most of these substances have high global warming potential and are contributory factors towards increasing the temperature of the planet. Further efficient measures need therefore to be taken in order to protect human health and the environment against adverse effects resulting from such emissions and to avoid risking further delay in the recovery of the ozone layer. In view of its responsibilities for the environment and trade, the Community, pursuant to Council Decision 88/540/EEC (*), has become a Party to the Vienna Conven- tion for the Protection of the Ozone Layer and the Mont- real Protocol on Substances that Deplete the Ozone Layer (hereinafter ‘the Protocol). Many ODS are greenhouse gases but are not controlled under the United Nations Framework Convention for Cli- mate Change and its Kyoto Protocol on the assumption that the Protocol will phase out ODS. Despite progress made by the Protocol, the task of phasing out ODS still needs to be completed in the European Union and glo- bally, whilst bearing in mind that at present many alterna- tives to ODS have a high global warming potential. It is therefore necessary to minimise and eliminate the produc- tion and use of ODS wherever technically feasible alterna- tives with low global warming potential are available. (4 OJ L 297, 31.10.1988, p. 8.