European Economic
and Social Committee
Voluntary agreement on the reduction of chlorofluorocarbons by the aerosol industry
Summary of the initiative
Objective(s)
Replacement of aerosols by propellants which are less damaging for the ozone layer.
Description of the Initiative
Sector
Sector
Other
Self/Co-Regulation Basic Act
Self/Co-Regulation Basic Act
PRIVATE ACT
Year
1989
Title of Act
Voluntary agreement on the reduction of chlorofluorocarbons by the aerosol industry
NON-LEGISLATIVE ACT
Year
1989
Title of Act
Commission Recommendation 89/349/EEC of 13 April 1989 on the reduction of chlorofluorocarbons by the aerosol industry, Official Journal L 144, 27/05/1989 P. 0056 - 0058.
Geographical Coverage
Description
Description
Problems that lead to the introduction of Self/Co-Regulation and the adoption of the Founding Act
Depletion of ozone layer by emissions of CFCs used in the aerosol industry.
Target Group(s)
Chemical industry, producers of various aerosol applications (cosmetics, home care, paints, pharmaceuticals, etc.).
Type of Instrument(s)
Voluntary agreement.
Level(s) at which private rules should be defined and applied
Type of Financing
Private (industry)
Type of Monitoring
| Conduct an initial survey of compliance capacity of future regulatees | Conduct regular visits and spot checks | Initiate complaints procedures | Maintain database of those bounded by the norms | Produce regular reports | Receive complaints and verify if norms were breached or not | Reflexive dialogue with the - stakeholders | Other | |
|---|---|---|---|---|---|---|---|---|
| European Commission | yes | |||||||
| National public authority | yes | yes | ||||||
| International public authority | yes | |||||||
| 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
The voluntary agreement operated in addition to regulatory action on the international level (the Montreal Protocol), Community legislation and action taken by some Member States at a time when an international agreement was still missing for these applications. All the parties had monitoring and reporting schemes in place, although necessarily incomplete because of the complexity of the problem and gaps in scientific knowledge.
Type of Enforcement
| Faming, shaming and blaming | Judicial sanctions | Membership suspension/exclusion | Private fines | Other | |
|---|---|---|---|---|---|
| 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
With the development of the Montreal Protocol the measures were replaced by legislation.
Results of Commission Monitoring
Scoring
Monitoring periodicity / next evaluation
The measures can be regarded as positive as improvements were achieved faster than by regulatory measures.
Nevertheless, regulation was necessary to act against rogue players on the market, which could not be addressed by a voluntary agreement (Regulation (EC) No 2037/2000 of 29 June 2000).
Nevertheless, regulation was necessary to act against rogue players on the market, which could not be addressed by a voluntary agreement (Regulation (EC) No 2037/2000 of 29 June 2000).