Agreement on the reduction of chlorofluorocarbons of the refrigerator industry

Summary of the initiative

Objective(s)
Enhancing the substitution of CFCs in the refrigeration industry.

Description of the Initiative

    Sector

    Self/Co-Regulation Basic Act

    PRIVATE ACT
    Year
    1989
    Title of Act
    Agreement on the reduction of chlorofluorocarbons of the refrigerator industry
    NON-LEGISLATIVE ACT
    Year
    1990
    Title of Act
    Commission Recommendation 90/438/EEC of 27 June 1990 on the reduction of chlorofluorocarbons used by the Community's refrigeration industry, Official Journal L 227, 21/08/1990 P. 0030 - 0032.

    Geographical Coverage

    Global coverage
    Participating Countries
    Austria

    Description

    Problems that lead to the introduction of Self/Co-Regulation and the adoption of the Founding Act
    Depletion of ozone layer by the destruction by emissions of CFCs.
    Target Group(s)
    Chemical industry and refrigeration industry.
    Type of Instrument(s)
    Voluntary agreement.
    Level(s) at which private rules should be defined and applied
    Type of Financing
    Private, by participating industry.
    Type of Monitoring
    Conduct an initial survey of compliance capacity of future regulateesConduct regular visits and spot checksInitiate complaints proceduresMaintain database of those bounded by the normsProduce regular reportsReceive complaints and verify if norms were breached or notReflexive dialogue with the - stakeholdersOther
    European Commissionyes
    National public authorityyesyes
    International public authorityyes
    Private regulator (code owner)yes
    Private independent party with a mandate (e.g. auditors)
    Self-appointed private parties (e.g. NGOs)
    Succinct description of the type of Monitoring
    This voluntary agreement operated in addition to an international Convention, the Montreal Protocol, Community Legislation and national measures in some Member States. Its main function was to take action at a time when no international agreement has been reached yet on certain ozone depleting substances and certain applications. Typically such international agreements need an enormous time, the more so as at the time experience with such instruments was rather limited.
    Type of Enforcement
    Faming, shaming and blamingJudicial sanctionsMembership suspension/exclusionPrivate finesOther
    Private Regulator
    Private independent party with a mandate (e.g. auditors)
    Court system
    Alternative dispute resolution (ADR) / Online dispute resolution (ODR)
    Succinct description of the type of Enforcement
    -

    Results of Commission Monitoring

    Scoring
    Monitoring periodicity / next evaluation
    The measures under this voluntary agreement were successful. However, it became redundant with the further developments of the Montreal Protocol and corresponding Community Legislation (Regulation (EC) No 2037/2000 of 29 June 2000). In hindsight legally binding measures were and are necessary to protect the industry and society against free riders from parties not member of the industry agreement but trying to make business with the restricted substances which are in most cases cheaper than the substitutes.

    Downloads

    SMO self- and co-regulation database - OFFICIAL code 114