EN    EN EN EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 1.8.2008 
COM(2008) 505 final 
2008/0165 (COD)   
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
of […] 
on substances that deplete the ozone layer 
(Recast) 
(Text with EEA relevance) 
 
Part 2 
{SEC(2008)2366 final} 
{SEC(2008)2367 final} 
(presented by the Commission) EN 2   EN EXPLANATORY MEMORANDUM  
1) CONTEXT OF THE PROPOSAL 
This proposal aims to revise and recast Regulation (EC) No 2037/2000 of the European 
Parliament and of the Council of 29 June 2000 on  substances that deplete the ozone layer1 and 
subsequent amending acts against the context of  a near complete phase out of ODS and a 
number of outstanding challenges  that need tackling from an EU or global perspective (see 
general context below).  
The main objectives of this revision are: (1) to simplify and recast Regulation (EC) 
No 2037/2000 whilst at the same time reducing any unnecessary administrative burden in line 
with the Commission’s comm itment to better regulation; (2 ) to ensure compliance with the 
Montreal Protocol as adjusted in 2007; and (3) to make sure that the future challenges are 
addressed, in order to ensure the timely rec overy of the ozone layer and to avoid adverse 
impacts on human health and ecosystems. 
General context 
The stratospheric ozone layer shields life on eart h from harmful ultraviolet radiation from the 
sun. In the early 1980s, scientists observed a significant decrease in the concentration of 
ozone in the stratosphere over the Antarctic,  which became widely known as the “ozone 
hole”. At its peak – during spring in the late  1990s – the ozone hole was most severe around 
the poles, although concentrations were signi ficantly reduced in other places as well. 
Increased UV radiation has an adverse imp act on human health, e.g. by increasing the 
incidence of skin cancers and cataracts, and on ecosystems. 
As early as 1987, governments agreed on the Mont real Protocol on Subs tances that Deplete 
the Ozone Layer, thereby starting the phase-out  of ozone-depleting substances (ODS) in all 
signatories following a set timetable. In 2007, the Parties (including the European 
Community) celebrated the twentieth anniversary of the Montreal Protocol, hailing it as one 
of the most successful of all international envi ronmental agreements. By then, all 191 Parties 
had achieved a 95% reduction in consumption of  ODS compared with the baselines set. 
Reductions were highest (99.2%) in industrialised countries a nd somewhat lower (80%) in 
developing countries2. 
In its latest report, released  in 2007, the Scientific Assessm ent Panel (SAP) established under 
the Montreal Protocol confirme d that the ozone layer is slowly recovering thanks to the 
control measures introduced by th e Protocol – albeit 10 to 15 years behind the projections in 
its earlier 2002 report. Average and Arctic ozone levels are now  expected to recover by 2050 
and the Antarctic ozone hole between 2060 and 2075.  
According to UNEP, controls in troduced under the Montreal Prot ocol will avoid millions of 
fatal skin cancers and tens of millions of non -fatal skin cancers and cataracts worldwide. 
Furthermore, these controls will help to avoid greenhouse gas emissions equivalent to more 
                                                 
1 OJ L 244, 29.9.2000, p. 1. 
2 Successful reductions in developing countries ha ve been made possible by the Multilateral Fund which 
to date has channelled about US$2.4 billion into technology transfer and related capacity-building 
projects. Timetables for developing countries typically lag a few years behind those of industrialised 
countries. EN 3   EN than 100 billion tonnes of CO 2 between 1990 and 2010 or, annually, more than five times the 
Kyoto target during a 20-year period. By 2010, ODS  emissions will account for less than 5% 
of global projected CO 2 emissions compared with nearly 50% in 1990.3  
In its 2007 report, SAP warned the Parties that , despite the successes, continued vigilance was 
required to keep to the newly projected timetabl e for recovery of the ozone layer, also taking 
account of the remaining uncertainties, notabl y about the impact of climate change. Key 
remaining challenges relate to the release of “banked” ODS/GHG (greenhouse gas) emissions 
into the atmosphere, exempted uses of ODS, and new ODS. These challenges are described in 
detail in the accompanying impact assessment. The SAP also expressed serious concerns 
about the faster growth of pr oduction of hydrochlorofluorocarbons  (HCFCs) ahead of the full 
phase-out in 2040 in developing countries. However, the Partie s acted swiftly by agreeing 
immediately, in 2007, on an adjustment to th e Protocol on accelerated HCFC phase-out 
schedules to achieve reductions of up to  1 million ODP tonnes and 18 billion tonnes of CO 2eq 
globally.  
Regulation (EC) No 2037/2000 is the Europ ean Communities’ main instrument for 
implementing the Montreal Protocol. It was amended by: 
• Regulation (EC) No 2038/2000 of the Europ ean Parliament and of the Council of 
28 September 2000, OJ L 244, 29.9.2000, p. 25; 
• Regulation (EC) No 2039/2000 of the Europ ean Parliament and of the Council of 
28 September 2000, OJ L 244, 29.9.2000, p. 26; 
• Commission Decision 2003/160/EC of  7 March 2003, OJ L 65, 8.3.2003, p. 29; 
• Regulation (EC) No 1804/2003 of the Europ ean Parliament and of the Council of 
22 September 2003, OJ L 265, 16.10.2003, p. 1; 
• Commission Decision 2004/232/EC of  3 March 2004, OJ L 71, 10.3.2004, p. 28; 
• Commission Regulation (E C) No 2077/2004 of 3 December 2004, OJ L 359, 4.12.2004, p. 
28; 
• Commission Regulation (EC)  No 29/2006 of 10 January 2006, OJ L 6, 11.1.2006, p. 27; 
• Regulation (EC) No 1366/2006 of the Europ ean Parliament and of the Council of 
6 September 2006, OJ L 264, 25.9.2006, p. 12; 
• Commission Regulation (E C) No 1784/2006 of 4 December 2006, OJ L 337, 5.12.2006, p. 
3; 
• Council Regulation (EC) No 1791/2006 of 20 November 2006, OJ L 363, 20.12.2006, p. 1; 
• Commission Regulation (EC) No 899/ 2007 of 27 July 2007, OJ L 196, 28.7.2007, p. 24; 
• Commission Decision 2007/540/EC of  30 July 2007, OJ L 198, 31.7.2007, p. 35; 
                                                 
3 These big contributions to climate change are due to the very high global warming potential (GWP) of 
ozone-depleting substances (some of which are more than 14 000 times more potent than CO 2). EN 4   EN • Commission Regulation (EC) No 473/ 2008 of 29 May 2008, OJ L 140, 30.5.2008, p. 9;  
• Act concerning the conditions of accession of th e Czech Republic, the Republic of Estonia, 
the Republic of Cyprus, the Republic of Latvia , the Republic of Lithuania, the Republic of 
Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the 
Slovak Republic and the adjustments to the Treaties on which the European Union is 
founded, OJ L 236, 23.9.2003, p. 33. 
Consistency with other policies and objectives of the Union 
This proposal is consistent with Article 175 of the Treat y establishing the European 
Community and aims to provide a high leve l of protection for human health and the 
environment and to implement an internati onal environmental agreement. It contains 
substantive trade measures to achieve these objectives and is therefore also based on Article 
133 of the Treaty. The proposal also provides for simplification of the le gislation and of the 
administrative procedures for public (EU or national) authorities and companies (See 5 
below). 
2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 
Consultation of interested partie s, collection and use of expertise 
Preparations for the review st arted at the end of 2006 with th e launching of an extensive 
survey of Member States’ authorities and other relevant agencies, companies, industries and 
non-governmental organisations. The survey showed general satis faction with the 
effectiveness of the Regulation. The main comm ents related to the Re gulation’s complexity 
and a desire for simplification and clarifi cation. Based on the above-mentioned input and 
other expert sources (e.g. latest analyses a nd recommendations from th e Montreal Protocol’s 
Scientific, Technical and Economic Assessment Pa nels), policy options and associated impact 
assessments were identified and analysed from January 2008 onwards. 
Impact assessment 
The proposed policy options build on the streng ths of the existing Regulation and reflect a 
deep commitment to simpler and better regulat ion based on sound anal ysis. A review of a 
wide range of options led to a package aiming at ensuring continued compliance with the 
Montreal Protocol, while addressing future challenges and simplifying the current Regulation. 
Building on past successes and opportunities for simp lification, the over all reductions in 
administrative costs will total nearly €3 million over the period 2010-2020, with about €2 
million accruing to industry, €0.7 million to Memb er State authorities and the remainder to 
the European Commission. The cumu lative additional direct economic impact over the period 
2010-2020 is expected to stay below €13 million, main ly related to measures to reduce methyl 
bromide use for QPS purposes4.  
The most tangible environmental benefits from  the package are related to policy action on 
QPS activities and recovery and destruction of "banked" ODS. These could add up to a net 
gain of 16 000 ODP tonnes over the period 2010-2020 or 112 million tonnes of CO 2eq which 
                                                 
4 Costs would be significantly lower if taking into account the likely decision to deregister Methyl 
Bromide on health grounds.  EN 5   EN would contribute to reducing the risk of further depletion of the ozone layer, whilst also 
bringing real climate change benefits5.  
3) LEGAL ELEMENTS OF THE PROPOSAL 305 
Summary of the proposed action 
The aim of this proposal is to simplify, revi se and consolidate Regulation (EC) No 2037/2000 
which has been amended severa l times since it was adopted.  
Recasting makes it possible to combine in a si ngle text both the substantive amendments 
proposed to the Regulation and the origin al provisions which remain unchanged.  
Furthermore, the proposal will tighten up or  add certain provision s to ensure better 
implementation and enforcement of the legislat ion by national authori ties with the aim of 
achieving a high level of environmental protec tion, while simplifying le gislation and at the 
same time reducing unnecessary administrative burdens. Its clearer st ructure and provisions 
will allow better monitoring and enforcement of the legislation with the aid of Community 
action.  
Legal basis The primary objectives of the Regulation are to  provide a high level of protection for the 
environment and to implement an internatio nal environmental agreement. However, the 
Regulation contains trade measures to achieve these objectives and ther efore this proposal is 
based on Article 175 and Artic le 133 of the EC Treaty. 
Subsidiarity principle 
The subsidiarity principle applies insofar as  the proposal does not fa ll under the exclusive 
competence of the Community. 
The objectives of the proposal cannot be suffi ciently achieved by the Member States and 
Community action will achieve the object ives better for the following reasons:
 
Protection of the ozone layer is a transboundary issue. Ac tion at Community level is 
necessary to ensure compliance with the obliga tions taken on by the European Community as 
a Party to the Montreal Protocol, which is im plemented by this Regulation. The scale of the 
problem demands Community-wide as well as parallel global action. Individual Member 
States cannot solve the problems alone and c oncerted action on an EU  scale is required. 
Furthermore, the Regulation provides for pr ohibiting production, placing on the market and 
use of controlled substances and is therefore also of relevance to the functioning of the 
internal market. Some of the measures concern external trade, which falls under the exclusive 
competence of the Community. 
                                                 
5 In terms of global warming potential , this is equivalent to about 2% of greenhouse gas emissions in 
1990. For comparison only, reductions are equivalent to 1/10th of the reductions necessary to achieve 
the 2020 objective of cutting greenhouse gas emissions by 20% under the climate and energy package.  
  EN 6   EN The proposal concentrates on simplifying the exis ting legislation and on  strengthening some 
provisions to improve implementation and enfor cement of the legislation by Member States 
aided by Community action.  
The proposal therefore complies with  the subsidiarity principle. 
Proportionality principle 
The proposal complies with the proportiona lity principle for the following reasons: 
This revision marks the end of the phase-out process for most controlled substances. This 
phase-out process gave all concerned sufficien tly long transition peri ods to adapt to the 
schedule in an economically efficient way. 
Where restrictions on remaining uses of cont rolled substances are envisaged, the proposal 
ensures that technically and economically feas ible alternatives ar e available. If, under 
particular circumstances, this would not be th e case, the proposal allows derogations to be 
granted. 
No detailed provisions are proposed  in areas where the objectives might be better achieved by 
actions in other policy areas, for example by the waste legislation, in or der to avoid overlaps 
that might lead to unclear a llocation of responsibilities and t hus create an additional burden 
for administrations and companies. The proposal aims at streamlining procedures  (e.g. for reporting) and avoiding unnecessary 
administrative burdens. However, some new requirements are proposed where this is 
considered necessary to ensure compliance w ith the European Community’s international 
obligations (e.g. to accel erate the phase-out of HCFCs) and to achieve the overall objective of 
contributing to efficient protec tion of the ozone layer, for example by avoiding harmful trade 
in controlled substances and related products and equipment.
 
Choice of instruments 
The legal instrument chosen is a Regulation as (1) the proposal aims to recast and simplify the 
existing Regulation and (2) the li censing system for trade in co ntrolled substances has been 
established at Community level and has proven to work efficiently. Any change to this 
approach would unduly burden both Member States and the compan ies active in this sector. 
 
4) BUDGETARY IMPLICATION 409 
The proposal has no incremental impact on the Community budget. 
 
5) ADDITIONAL INFORMATION 510 
Simplification 
The proposal provides for simplification of the legislation and of  the administrative 
procedures for public (EU or nati onal) authorities and companies. 512 EN 7   EN The recast will simplify and streamline the ex isting provisions. Redundant provisions and 
unnecessary obligations will be repealed, while  reporting and monitoring requirements will be 
simplified. This should help Member Stat es and companies to reduce unnecessary 
administrative procedures. 
The proposal is included in the Commissi on Legislative and Work Programme for 2008 
(COM(2007) 640 final) on the list of si mplification initiatives in Annex 2. 
Repeal of existing legislation 
Adoption of the proposal will rep eal Regulation (EC) No 2037/2000. 
European Economic Area The proposed act is of EEA relevance and shoul d therefore extend to the European Economic 
Area. 
Detailed explanation of the proposal 
The proposal maintains the scope of Regula tion (EC) No 2037/2000, except where it extends 
it to products and equipment relying on controlle d substances with a view to better align 
definitions with those in the Montreal Protoc ol and closing loopholes for trade in products 
containing controlled substances. The proposed Regulation would apply to  substances listed 
in Annexes I and II. Annex II provides flexibility  to establish certain monitoring measures for 
substances found to have ozone-depleting potential or control measures where this potential is 
significant. 
The proposal follows the structure of Regula tion (EC) No 2037/2000, but adds a new chapter 
on derogations from the bans on production, pl acing on the market and use, which were 
originally spread between va rious provisions on the phase- out schedules for controlled 
substances and products. This change makes the text more readable and thereby facilitates 
application of the legislation. 
Comments on the Articles  
These comments relate only to the Articles which are new or to which substantive changes 
have been made. 
• Definitions – Chapter I, Article 3 
The existing definitions broadly reflect those used in the Montreal Protocol. Whilst this 
approach should generally be maintained, a nu mber of adaptations appeared necessary to 
avoid inconsistencies in the legislation (the term “use” is also applied in the context of 
feedstock applications, which are currently ex cluded from the definition of this term). 
Furthermore, a number of clarifications take account of legal interpretations developed over 
the years (e.g. defining “placing on the market ” as “making available for the first time”). 
• Phase-out schedule – Chapter II, Articles 4, 5 and 6 
As phase-out dates for all controlled substa nces but HCFCs were reached, the relevant 
Articles can be significantly simplified by rem oving the obsolete provisions. Furthermore, EN 8   EN derogations from the ban on placing on the mark et certain products and equipment produced 
before the original end dates are no longer of any practical relevance. 
The phase-out schedule for HCFCs has to be  adjusted by bringing the ban on production 
forward to 2020 in order to ensure compliance with the 2007 Decision XIX/6 of the Parties 
adjusting the Protocol. The re maining production for servic ing (0.5% of the baseline 
production) allowed by this Decision  is not relevant in the EU as virgin HCFCs must not be 
used from 2010 on. 
• Exemptions – Chapter III, Articles 7 to 13 
This chapter brings together the provisions on the different  uses for which consumption 
remains allowed under the Protocol and/or to which the ban under the EC legislation does not 
apply (feedstock, processi ng agents and specific uses of HCFCs, halons and methyl bromide). 
Placing on the market (including import) for destru ction will remain possible. In line with the 
legal interpretation developed over the years, changes from one of  those uses to another will 
be excluded. 
In line with the Protocol, controlled substan ces intended for use as feedstock are exempted 
from the control measures laid down in Chapter II. In order to facilitate enforcement and to 
reduce illegal use and trade,  labelling should identify th e substances as feedstock (Article 7) . 
The provisions on controlled substances for essential laboratory and analytical uses will be aligned with the current practice, where quotas are allocated to the pr oducers and importers of 
the substances and the end-users (e.g. laboratories) and register ed in a database operated by 
the Commission. A cap on the overall quantities used should be intro duced to increase the 
incentives for applying available alte rnatives to controlled substances (Article 10) . 
From 2010 on, no virgin HCFCs may be used for maintenance and servic ing of refrigeration 
and air-conditioning equipment. To make it possible to enforce this restri ction, it is necessary 
to draw a clear distinction be tween reclaimed and virgin mate rial and to identify reclaimed 
material as such. The further restriction to reclaimed HCFCs,  excluding use of recycled 
substances (unless recovered by the operator of  the equipment itself), will reduce exchanges 
of HCFCs which, in turn, will increase traceability  and, thus, reduce the risk of illegal use and 
trade. The required labelling of equipment c ontaining HCFCs will facilitate recovery of 
HCFCs when the equipment is disposed of  and will reduce the ri sk of illegal export 
(Article 11) . 
Use of methyl bromide for quarantine and pre- shipment applications  should be limited to 
current levels of consumption. In order to redu ce the emissions linked to this use, recapture 
technologies will be applied. Such uses will be ended by 2015, considering the health and safety concerns and the asso ciated legislative responses. (Article 12) . 
As alternatives are now available to replace hal ons in fire protection applications, end dates 
for existing applications can now be set. This process is pursued separately under comitology. 
However, in individual cases it will be possible to grant deroga tions from these end dates if 
no technically and economically feas ible alternatives are available (Article 13) . 
• Trade – Chapter IV, Articles 15 to 20 
Controlled substances and produc ts and equipment containing or  relying on those substances 
shall not be accepted on the territory of th e EU, unless these goods comply with the EN 9   EN exceptions foreseen in the Regulation (Articles 15 and 17) . The specific exception for methyl 
bromide and HCFCs imported under the inward processing regime will not be retained, 
consistent with the approach applied to the other controlled substances, i.e. ending inward 
processing once a ban on use enters into force,  for consistency reasons  and to reduce reduces 
the administrative burden. 
Since the current Regulation was adopted the Commission has been operating a web-based, 
online licensing system for imports and exports. This system has proven to work efficiently 
and will be further developed towards fully electronic licensing also in the context of the 
modernised customs code. Based on this system , the extension of the licensing requirements 
to imports of products and equipment (Articles 15, 17 and 18)  will create no administrative 
burden disproportionate to the benefits of strong er enforcement of the trade restrictions in 
place. The licensing requirements have been extended to all imports, regardless which 
customs procedure or customs approved treatment is applied, with the exception of temporary 
storage, including transhipments, and the tran sit through the Community . For the latter cases 
also an exemption from the export licensing is foreseen. For the imports exempted from the 
licensing control and monitoring measures could be introduced after evaluating the potential 
risks of illegal trade linked to such movements (Article 19).  
A legal basis should be created enabling the Comm ission to reject requests for a licence in 
cases where the exporting or importing country i ndicates that the intended shipment does not 
comply with its domestic control measures. Also , the possibility to exchange the information 
submitted in the licensing process will contribute to more efficient participation by the 
Community in the iPIC (informal Prior Info rmed Consent) system established under the 
Montreal Protocol (Articles 18) . 
Tightening the export ban on products and eq uipment containing or relying on controlled 
substances, in particular by extending it to those containing or relying on HCFCs, will 
contribute to avoiding any increasing dependence on these substances on the part of 
developing countries, whilst a ny disproportionate burden on e xporters may be prevented by 
granting derogations case by case (Article 17) . 
• Recovery and destruction of used contro lled substances – Chapter V, Article 22 
For destruction of controlled substances, only technologies approved by the Parties shall be 
applied. In order to facilitate im plementation of this requirement, the content of the relevant 
Decisions of the Parties should be incorporat ed in the Regulation and kept updated by the 
committee procedure. 
The Commission will be empowered to compile a list of products and equipment for which 
recovery, or destruction without prior recovery, of controlled substances will be considered 
technically and economically feasible  and will therefore be mandatory. 
• New substances – Chapter VI, Article 24 
A flexible mechanism should be established to ensure that substances identified as ozone 
depleting by the Scientific Asse ssment Panel under the Protocol are to be reported, to allow 
for assessing the magnitude of their environm ental impact, and to ensure that those new 
substances which have been identified as havi ng a significant ozone depleting potential are 
submitted to control measures. To this end Annex II will be re-established, listing in its Part A EN 10   EN substances which are submitted to control measures and in Part B those on which 
undertakings have to report. 
• Reporting – Chapter VII, Articles 26 and 27 
Article 25 brings together all the reporting ob ligations on Member States. The obligation to 
report to the Commission on destruc tion will complete the data av ailable in the ODS database 
and is a precondition for streamlining the re porting under the Protoc ol and reducing the 
reporting obligations on the Member States. • Inspection – Chapter VII, Article 28 
The responsibility of the Member States to  carry out inspections on all aspects of the 
Regulation should be made more explicit. T hose inspections must follow a risk-based 
approach. 
• Implementing measures 
The Regulation confers implementing power s on the Commission. The cases in which 
implementing powers have been conferred ar e specified in each relevant Article. EN 11   EN  
Ð 2037/2000 (adapted) 
2008/0165 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
of […] 
on substances that deplete the ozone layer 
(Recast) 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the Eu ropean Community, and in particular Articles 
133 and 175(1) thereof, 
Having regard to the proposal from the Commission6, 
Having regard to the opinion of the Eu ropean Economic and Social Committee7, 
After consulting the Committee of the Regions, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty8, in the light 
of the joint text approved on 5 May 2000 by the Conciliation Committee,  
Whereas:  
 
Ø new 
(1) Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 
June 2000 on substances that deplete the ozone layer9 has been substantially amended 
several times. Since further amendments ar e to be made, it should be recast in the 
interests of clarity. 
                                                 
6 OJ C 286, 15.9.1998, p. 6 and OJ C 83, 25.3.1999, p. 4.  
7 OJ C 40, 15.2.1999, p. 34 . 
8 Opinion of the European Parliament of 17 December 1998 (OJ C 98, 9.4.1999, p. 266), confirmed on 16 
September 1999, Council Common Position of 23 February 1999 (OJ C 123, 4.5.1999, p. 28) and 
Decision of the Europ ean Parliament of 15 December 1999 (not y et published in the Official Journal). 
Decision of the European Parliament of 13 June 2000 and Decision of the Council of 16 June 2000.  
9 OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Commission Regulation (EC) No 473/2008 
(OJ L 140, 30.5.2008, p. 9. EN 12   EN  
Ð 2037/2000 recital (1) (adapted)  
Ö new 
(12) It is established that c ontinued emissions of ozone-dep leting substances at current 
levels continue to  cause significant damage to the oz one layer. Ozone depletion in the 
southern hemisphere reached unprecedented levels in 1998.  In three out of four recent 
springs severe ozone depletion ha s occurred in the Arctic region.  Ö There is clear 
evidence of a decrease in the atmospheric burden of ozone depl eting substances and 
some early signs of stratospheric ozone r ecovery have been observed. However, the 
recovery of the ozone layer to concentration level existin g before 1980 is not projected 
to take place before the middle of the 21st century.  Increased UV-B radiation 
resulting from ozone depletion Ö therefore persists as  poses  a significant threat to 
health and environment. Further efficient meas ures need therefore to  be taken in order 
to protect human health and the environm ent against adverse effects resulting from 
such emissions Ö and to avoid risking further dela y in the recovery  of the ozone 
layer . 
 
Ð 2037/2000 recital (2) (adapted) 
(32) In view of its responsibil ities for the environment and trade, the Community, pursuant 
to ⌦ Council ⌫ Decision 88/540/EEC ⌦ of 14 October 1988 ⌫ 10, has become a 
Party to the Vienna Convention for the Protection of the Ozone Layer and the 
Montreal Protocol on Substances  that Deplete the Ozone Layer ⌦ (hereinafter "the 
Protocol") ⌫, as last amended by the Parties to th e Protocol at thei r second eleventh 
meeting in Lo ndon, and at their fourth meeting in Copenhagen . 
 
Ð 2037/2000 recital (3) and (4) 
(adapted) 
Ö new 
(43) Additional measures for the protection of the ozone layer were adopted by the Parties 
to the Montreal  Protocol at their seventh meeting in Vienna in December 1995, at their 
ninth  meeting in Montreal in September 1997  ⌦ 2007 ⌫ in which the Community 
participated . It is necessary for action to be taken at Community level to carry  out 
⌦ comply with ⌫ the Community's obligations under the Vienna Conventi  on and 
the latest amendments and adjustme nts to  the Montreal  Protocol,  and in particular to 
phase out the production and the placing on th e market of methyl bromide within the 
Community and to provide for a system for the licensing not only of imports but also 
of exports of ozone -depleting substa nces Ö implement the accelerated phase-out of 
hydrochlorofluorocarbons  . 
 
Ø new 
(5) Following the concerns stated in the 2006 Report of the Scientific Assessment Panel 
related to the accelerating growth of  hydrochlorofluorocarbons production and 
consumption in developing countries, the Pa rties to the Protocol in 2007 adopted 
                                                 
10 OJ L 297, 31.10.1988, p. 8. EN 13   EN Decision XIX/6 at the their 19th Meeting providing for an  accelerated phase out 
schedule for hydrochlorofluorocarbons. Follo wing this Decision th e production phase 
out date should be moved from currently 2025 to 2020. 
(6) According to Regulation (E C) 2037/2000 as from 2010, virgin 
hydrochlorofluorocarbons can no longer be us ed for the maintenan ce and servicing of 
refrigeration and air conditioning equipment. In order to minimise the risk of illegal 
use of virgin hydrochlorofluorocarbons as  recycled or reclaimed material, only 
reclaimed material should be used in se rvicing operations while prohibiting the re-
selling of recycled hydroc hlorofluorocarbons, which should only be used when 
recovered by the operator of the equipment. 
 
Ð 2037/2000 recital (5) (adapted)  
Ö new 
(75) In view of the earlier than anticipated  Ö wide  availability of technologies Ö and 
alternative substances  for replacing ozone-depleting substances, it is appropriate in 
certain cases to provide for control measures  which are stricter than those provided for 
in Council  Regulation (EC) No 3093/94  of 15 December 1994  ⌦ 2037/2000 ⌫ on 
substances that deplete the ozone layer11 and stricter than those of the Montreal  
Protocol. 
 
Ð 2037/2000 recital (6) (adapted) 
(6) Regulation (EC) No 3093/ 94 must be modified su bstantially. It is in the interest of 
legal clarity and transparency to revise that Regulation completely.  
 
Ð 2037/2000 recital (7) (adapted) 
(87) Under Regulation (EC) No ⌦ 2037/2000 ⌫ 3093/94  the production ⌦ and placing 
on the market ⌫ of chlorofluorocarbons, other fully  halogenated chlorofluorocarbons, 
halons, carbon tetrachlori de, 1,1,1-trichloroethane,  and hydrobromofluorocarbons ⌦ , 
bromochloromethane and methyl bromide have ⌫ has  been phased out. The 
production of those controlled substances is thus prohibited, subject to possible 
derogation for essential uses and to meet the basic domestic  needs of Parties pursuant 
to Article 5 of the Montreal Protocol . It is now also appropriate progressively to 
prohibit the placing on the ma rket and use of those subs tances and of products and 
equipment containing those substances.  
 
Ð 2037/2000 recital (8) (adapted) 
Ö new 
(98) Even after the phase-out of contro lled substances the Commission may  ⌦ should ⌫ 
under certain conditions grant exemptions for essential ⌦ laboratory and 
analytical ⌫ uses. Ö In particular Decision X/14 of  the Parties to the Protocol 
establishes criteria for granting of exemp tions for those uses. The Commission should 
be empowered to establish conditions for es sential laboratory and analytical uses. To 
                                                 
11 OJ L 333, 22.12.1994, p. 1.  EN 14   EN avoid an increase in the quantities used for these purposes, producers and importers 
should not be allowed to si gnificantly increase the quan tities placed on the market. 
Specific conditions decided by the Parties for the placing on the market of substances 
for those uses should be integrated in this Regulation to ensure compliance with them. 
 
 
Ð 2037/2000 recital (9) (adapted) 
Ö new 
(109) The growing  availability of alternatives to methyl bromide should be reflected in more 
substantial reductions in its  production and consumption compared to the Montreal  
Protocol. The Ö exemption for critical uses  production and consumption  of methyl 
bromide should cease completely Ö whilst maintaining the possibility to grant 
derogation in emergency situations in the case of unexpected pests or disease 
outbreaks where such emergency use is to be permitted under Council Directive 
91/414/EEC of 15 July 1991 concerning the pl acing of plant protection products on 
the market12 and Directive 98/8/EC of the Europe an Parliament and of the Council of 
16 February 1998 concerning the placing of biocidal products on the market13. In such 
cases measures to reduce emissions, such as the use of virtually impermeable films for 
soil fumigation, should be foreseen.  subject  to possible derogations for  critical uses 
determined at Community level following th e criteria established under the Montreal 
Protocol . 
(11) The use of methyl bromide fo r quarantine and preshipment  pre-shipment  applications 
should also be controlled. Such use  ⌦ The average levels of use during the period 
from 2005 to 2008 ⌫ should not ⌦ be exceeded ⌫ exceed current levels  and 
ultimately be reduced Ö and phased-out by 2015, while in the meantime recuperation 
technologies should be applied in the light of technical development and 
developments under the Montreal Protocol . 
 
Ð 2037/2000 recital (10) (adapted) 
(10) Regulation (EC) No 309 3/94 provides for controls on the production of all other 
ozone -depleting substances but not fo r controls on the production of 
hydrochlorofluorocarbons. It is  appropriate to introduce such  provision to ensure that 
hydrochlorofluorocarbons do not continue t o be used where non -ozone -depleting 
alternatives exist. M easures for the control of the production of 
hydrochlorofluorocarbons shoul d be taken by all Parties to  the Montreal  Protocol. A 
freeze on production of hydrochlorofluor ocarbons would reflect that ne ed and the 
Community's determination to take a leadi ng role in this respect. The quantities 
produced should be adapted to the reductions envisa ged for the placing on the 
Community market of hydrochlorofluoro carbons and to the declining demand 
worldwide as a consequence of reductions  in the consumption of 
hydrochlorofluorocarbons required by the Protocol.  
                                                 
12 OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/52/EC (OJ L 214, 
17.8.2007, p. 3). 
13 OJ L 123, 24.4.1998, p. 1. Directive as last amended by Commission Directive 2007/70/EC of 29 
November 2007 (OJ L 312, 30.11.2007 p. 26). EN 15   EN  
Ð 2037/2000 recital (11) (adapted) 
Ö new 
(1211 ) The Montreal  Protocol, in Arti cle 2F(7), requires the Partie s to endeavour to ensure 
that the use of hydrochlorofluorocarbons is limited to those applications where other 
more environmentally suitable alternative subs tances or technologies are not available. 
In view of the availability of alternative and substitute technologies, the placing on the 
market and use of hydrochlorofluorocarbons and  ⌦ as well as of ⌫ products ⌦ and 
equipment ⌫ containing Ö or relying on  hydrochlorofluorocarbons can be further 
limited. Decision VI/13 of the Meeting  of the Parties to the Montreal  Protocol 
provides that the evaluation of alternativ es to hydrochlorofluorocarbons should take 
into account such factors as ozone-depleti ng potential, energy efficiency, potential 
flammability, toxicity and global warming ⌦ potential ⌫ and the potential impacts 
on the effective use and phase-out of chlorofluorocarbons and halons. ⌦ The Parties 
concluded in that decision that ⌫ hHydrochlorofluorocarbon controls under the 
Montreal  Protocol should be considerably tight ened to protect the ozone layer and to 
reflect the availability of alternatives. 
 
Ø new 
(13) Control measures regard ing products and equipment cont aining controlled substances 
should be extended to products and equipment relying on those substances in order to 
prevent circumventions of the restrictions under this  Regulation. By covering 
additionally products and equipment for wh ich the design, the use or the proper 
functioning requires the presence of a contro lled substance, a pot ential opportunity to 
place on the market, import or export products or equipment which do not contain 
controlled substances at that moment, but wh ich would have to be refilled at a later 
date, is eliminated. Furthermore, ex emptions for products and equipment 
manufactured before the entry into force of the control measures should be removed as 
they are no longer relevant and might constitu te a risk of illegal placing on the market 
and trade. 
 
Ð 2037/2000 recital (12) (adapted) 
Ö new 
(1412 ) Quotas for the release for free circulation in the Community of controlled substances 
should be allocated only for limite d uses of controlled substances.  Controlled 
substances and  as well as  products ⌦ and equipment ⌫ containing Ö or relying 
on  controlled substances from St ates not party to the Montreal  Protocol should not 
be imported. Ö Furthermore, the export of produc ts and equipment containing or 
relying on hydrochlorofluorocar bons after the entry into fo rce of ban on use of those 
products and equipment in the Community shou ld be prohibited in order to avoid the 
building-up of banks of those substances in countries where sufficient destruction 
facilities are not available.  EN 16   EN  
Ð 2037/2000 recital (13) (adapted) 
Ö new 
(1513 ) The licensing system for c ontrolled substances should be  extended to  includes  the 
authorisation of exports of cont rolled substances, in order to ⌦ improve the 
monitoring of and control of ⌫ monitor  trade in ozone-depleting substances and to 
allow for exchange of information between Parties. Ö That licensing system should be 
extended to products and equipment containi ng or relying on controlled substances .  
 
Ø new 
(16) To improve the monitoring and control of  trade the licensing s hould cover not only the 
entry of goods into the cust oms territory for release fo r free circulation in the 
Community but also the entry under othe r customs procedures or for customs-
approved treatments and uses. Transhipment in Community ports a nd airports as well 
as transit through the Community under cust oms supervision should still be possible 
without licensing in order to avoid unn ecessary burden on operators and customs 
authorities. 
(17) Before issuing import and export licences  the Commission should be enabled to verify 
with the competent authorities of the third country concerned whether the intended 
transaction would comply with the requirement s applicable in that country, in order to 
avoid illegal and unwanted trade. 
(18) Council Directive 67/5 48/EEC of 27 June 1967 on the approximation of laws, 
regulations and administrative provisions re lating to the classification, packaging and 
labelling of dangerous substances14 and Directive 1999/45/EC of the European 
Parliament and of the Council of 31 May 1999 concerning the approximation of the 
laws, regulations and administ rative provisions of the Memb er States relating to the 
classification, packaging and labelling of dangerous preparations15 require the 
labelling of substances cla ssified as ozone depleting s ubstances. As ozone depleting 
substances produced for feedstock uses can be released for free circulation in the 
Community, they should be distinguished fr om those substances produced for other 
uses, in order to avoid any diversions of f eedstock to other uses which are controlled 
under the Regulation. Furthermore, in order to  inform end users and to facilitate the 
enforcement of the Regulation also products  and equipment containing or relying on 
such substances should be so labelled during servicing and maintenance. 
 
Ð 2037/2000 recital (14) (adapted) 
Ö new 
(1914 ) Ö To reduce the release of controll ed substances in the atmosphere,  pProvision 
should be made for the recovery of used controlled substances,  and to prevent  ⌦ the 
prevention of ⌫ leakages of controlled substances. 
                                                 
14 OJ 196, 16.8.1967, p. 1. Directive as last amended by Directive 2006/121/EC of the European 
Parliament and of the Council (OJ L 396, 30.12.2006, p. 850). 
15 OJ L 200, 30.7.1999, p. 1. Directive as last amended by Regulation (EC) No 1907/2006 (OJ L 396, 
30.12.2006, p. 1). EN 17   EN  
Ð 2037/2000 recital (15) (adapted) 
Ö new 
(2015) The Montreal  Protocol requires reporting on trade in ozone-depleting substances. 
Annual reporting should theref ore be required from producers, importers and exporters 
of controlled substances. Ö In order to enable the Commission to streamline the 
reporting procedures to comply with the Protocol and avoid duplications in the 
process, destruction facilities should also report directly to the Commission. To ensure 
compliance with reporting obligations unde r the Protocol and to improve their 
practical application the Co mmission should be empowered to modify the reporting 
requirements for Member States and undertakings.  
 
Ø new 
(21) The protection of individuals with rega rd to the processing of personal data by the 
Member States is governed by Directive 95/46 /EC of the European Parliament and of 
the Council of 24 October 1995 on the protec tion of individuals with regard to the 
processing of personal data and on the free movement of such data16 and the 
protection of individuals w ith regard to the processing of personal data by the 
Commission is governed by Regulation (EC) No 45/2001 of the European Parliament 
and of the Council of 18 December 2000 on the protection of indivi duals with regard 
to the processing of personal data by the Community institutions and bodies and on the 
free movement of such data17 in particular as regards to the requirements of 
confidentiality and security of processing, the transfer of personal data from the 
Commission to the Member States, the lawful ness of processing, and the rights of data 
subjects to information, access to and rectification of th eir personal data. 
(22) Member States should carry out inspect ions on a risk-based approach in order to 
ensure compliance with all provisions of th e Regulation thus targeting those activities 
representing the highest risk of illegal trade or emission of controlled substances.  
(23) In order to ensure compliance with  the Protocol, the Commission should be 
empowered to align Annexes to this Regulat ion with decisions of  the Parties, in 
particular with those concerning approve d destruction methods, conditions for the 
placing on the market of controlled substances  for essential laboratory and analytical 
uses and concerning processes in which controlled substances may be used as 
processing agents. 
 
Ð 2037/2000 recital (16) (adapted) 
(2416 ) The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
                                                 
16 OJ L 281, 23.11.1995, p. 31. Directive as last  amended by Regulation (EC) No 1882/2003 of the 
European Parliament and of the Council of 29 September 2003 (OJ L 284, 31.10.2003, p. 1). 
17 OJ L 8, 12.1.2001, p. 1. EN 18   EN procedures for the exercise of implemen ting powers conferred on the Commission 
⌦ 18 ⌫. 
 
Ø new 
(25) In particular, the Commission should be  empowered to determine the format and 
content of labels for controlled substances  for feedstock uses, to amend Annex III on 
processes for which controlled substances may be used as process agents, to adopt 
measures to reduce the placing on the market and use of methyl bromide for 
quarantine and pre-shipment uses, to amend Annex VI on critical uses of halons, to 
adopt additional monitoring and control measur es on trade, to adopt requirements for 
products produced with controlled substances in countries not party to the Protocol, to 
amend Annex VII on destruction technologies, to establish a list  with products and 
equipment from which the recovery and subsequent destruction of controlled 
substances shall be mandatory, to adopt  minimum qualification requirements for 
personnel, to establish requirements for the prevention of emissions and leakages of 
controlled substances, to incl ude new substances into A nnex II and to amend reporting 
requirements for Member States and undertakin gs. Since those measures are of general 
scope and are designed to amend non-e ssential elements of this Regulation, inter alia  
by supplementing it with new non-essential elements, th ey must be adopted in 
accordance with the regulatory procedure with scrutiny provid ed for in Article 5a of 
Decision 1999/468/EC. 
 
Ø new 
(26) Directive 2006/12/EC of the European Pa rliament and of the Council of 5 April 2006 
on waste19 and Council Directive 91/689/EEC  of 12 December  1991 on hazardous 
waste20 provide for measures on the destruct ion of controlled substances. In 
accordance with the Protocol only techno logies approved by the Parties may be 
applied to the destruction of controlled su bstances. The relevant Decisions of the 
Parties should therefore be in corporated in this Regulation. 
(27) The Commission should be empowered to  compile a list of pr oducts and equipment 
for which recovery, or destruction without prior recovery, of c ontrolled substances 
shall be considered technically and econom ically feasible, and therefore mandatory. 
 
Ð 2037/2000 recital (17) (adapted) 
Ö new 
(2817 ) Ö A flexible mechanism should be established to ensure that subs tances identified as 
ozone depleting by the Scie ntific Assessment Panel under  the Protocol are to be 
reported, to allow for assessing the magnitude  of their environmental impact, and to 
ensure that those new substances which have  been identified as having a significant 
ozone depleting potential are s ubmitted to control measures  Decision X/8 of the 
                                                 
18 OJ L 184, 17.7.1999, p. 23 ⌦ Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). ⌫ 
19 OJ L 114, 27.4.2006, p 9. 
20 OJ L 377, 31.12.1991, p. 20. Directive as last amended by Regulation (EC) No 166/2006 of the 
European Parliament and of the Council, OJ L 33, 4.2.2006, p. 1. EN 19   EN 10th meeting of the Parties to  the Montreal Protocol en courages Parties to take 
measures actively, as appropriate, to disc ourage the production a nd marketing of new 
ozone -depleting substances and in pa rticular of bromochloromethane. To this end a 
mechanism should be established to provide  for new substances to be addressed by 
this Regulation. The production, importation,  placing on the market and use of 
bromochloromethane should be prohibited . 
 
Ð 2037/2000 recital (18) (adapted) 
(18) The switch to new technologies or alte rnative products, required because the 
production and use of controlled substances are to be phased ou t, could lead to 
problems for small and medium -sized enterprises (SMEs ) in particular. The Member 
States should therefore consider providing appropriate forms of assistance specifically 
to enable SMEs to make the necessary changes,  
HAVE ADOPTED THIS REGULATION: 
CHAPTER  I 
INTRODUCTORY  ⌦ GENERAL ⌫ PROVISIONS 
 
Ø new 
Article 1 
Subject matter 
 
Ð 2037/2000 Art. 1 paragraph 1 
(adapted) 
Ö new 
This Regulation shall apply to the  ⌦ lays down rules on the ⌫ production, importation, 
exportation, placing on the mark et, use, recovery, recycling,  and reclamation and destruction 
of chlorofluorocarbons, other fully halogena ted chlorofluorocarbons, halons, carbon 
tetrachloride, 1,1,1 -trichloroethane, methyl bromide, hydrobromofluorocarbons, 
hydrochl orofluorocarbons and bromochloromethane, to ⌦ substances that deplete the ozone 
layer, on ⌫ the reporting of information on  ⌦ related to ⌫ those substances and ⌦ on ⌫ 
to the importation, exportation, placing on the market and use of products and equipment 
containing Ö or relying on  those substances. 
 
Ð 2037/2000 Art. 1 
Article 21  
Scope EN 20   EN  
Ð 1804/2003 Art. 1.1 (adapted) 
Ö new 
1. This Regulation shall apply to the ⌦ controlled substances, to new substances and ⌫ 
production, importation, exportation, placing on the market, use, recovery, recycling and 
reclamation and destruction of chlorofluorocarbons, other fully halogenated 
chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1 -trichloroethane, methyl bromide, 
hydrobromofluorocarbons, hydrochlorofl uorocarbons and bromochloromethane,  to the 
reporting of information on these substa nces and to the importa tion, exportation, placing on 
the market and use of  products and equipment containing Ö or relying on controlled  those  
substances.  
 
Ð 2037/2000 Article 2, 4th and 
14th indent (adapted) 
Ö new 
2. Ö This Regulation shall not apply to  This definition shall not cover any substance which 
is in a manufactured product other than a contai ner used for transportati on or storage of that 
substance, or  insignificant quantities of any controlled  substance ⌦ referred to in paragraph 
1 ⌫, originating  ⌦ contained in any product or substance and that originates ⌫ from 
inadvertent or coincidental  production during a manufactur ing process, from unreacted 
feedstock, or from use as a processing agent which is present in chemical substances as trace 
impurities, or that is emitted during product manufacture or handling. 
 
Ð 2037/2000 Art. (2) (adapted) 
Article 2 3 
Definitions 
For the purposes of this Regulation ⌦ the following definitions shall apply ⌫: 
- ‘Protocol’ means the 1987 M ontreal Protocol on Substanc es that Deplete the Ozone 
Layer, as last amended and adjusted,  
- ‘Party’ means any party to the Protocol,  
(1)- ‘State not party to the Protocol’ ⌦ means ⌫ , with respect to a particular controlled 
substance, any State or regional economic integration organisation  that has not 
agreed to be bound by th e provisions of the ⌦ Montreal ⌫ Protocol ⌦ on 
Substances that Deplete the Ozone La yer (hereinafter "the Protocol") ⌫ applicable 
to that substance, 
 
Ð 1804/2003 Art. 1.2(a) (adapted) 
(2)- ‘controlled substances’ means ⌦ substances listed in Annex I, including their 
isomers ⌫ chlorofluorocarbons, other fully halogenated chlorofluorocarbons, 
halons, carbon tetrachloride, 1,1,1 -trichloroethane, methyl bromide, 
hydrobromofluorocarbons, hydrochlorofl uorocarbons and bromochloromethane , EN 21   EN whether alone or in a mixture, and whethe r they are virgin, recovered, recycled or 
reclaimed. This definition shall not cover any controlled substance which is in a 
manufactured product  other than a container used for the transportation or storage of 
that substance, or insignificant quantities of any controlled substance, originating 
from inadvertent or coincidental produc tion during a manufacturing process, from 
unreacted feedstock, or from use as a processing agent which is present in chemical 
substances as trace impurities, or that  is emitted during product manufacture or 
handling , 
 
Ð 2037/2000 Art. 2 (adapted) 
- ‘chlorofluorocarbons’ (CFCs) means the controlled substance s listed in Group I of 
Annex I, including their isomers,  
- ‘other fully halogenated chlorofluorocarbons’ means the controlled substances listed 
in Group II of Annex I, including their isomers,  
(3)- ‘halons’ means the controlled substances listed in Group III of Annex I, including 
their isomers, 
- ‘carbon tetrachloride’ means the controlled substance sp ecified in Group IV of 
Annex I,  
- ‘1,1,1 -trichloroethane’ means the controlle d substance specified in Group V of 
Annex I,  
(4)- ‘methyl bromide’ means the controlled s ubstance specified in Group VI of Annex I, 
- ‘hydrobromofluorocarbons’ means the controll ed substances list ed in Group VII of 
Annex I, including their isomers,  
 
Ð 1804/2003 Art. 1.2(b) (adapted) 
- ‘bromochloromethane’ means the contro lled substance indicat ed in Group IX of 
Annex I,  
 
Ð 2037/2000 Art. 2 (adapted) 
(5)- ‘hydrochlorofluorocarbons’ (HCFCs) mean s the controlled subs tances listed in 
Group VIII of Annex I, including their isomers, 
(6)- ‘new substances’ means substances listed in Annex II. This definition shall cover 
substances  whether alone or in a mixture, and whether they are virgin, recovered, 
recycled or reclaimed. This definition shall not cover any substance which is in a 
manufactured product other than a con tainer used for transportation or storage of that 
substance, or insignifican t quantities of any new substance, originating from 
inadvertent or coincidental production during a manufacturing process or from 
unreacted feedstock ,  EN 22   EN (7)- ‘feedstock’ means any controlled subs tance or new substa nce that undergoes 
chemical transformation in a process in which it is entirely converted from its 
original composition and whose emissions are insignificant, 
(8)- ‘processing agent’ means controlled substa nces used as chemical processing agents 
in those applications listed in Annex III VI , in installations ex isting at 1 September 
1997, and where emissions are insignificant. The Commission shall, in the light of 
those criteria and in accordance with the procedure referred to  in Article 18(2), 
establish a list of undertakings in whic h the use of controlled substances as 
processing agents shall be permitted, laying down maximum emission levels for each 
of the undertakings concerned. It may, in accordance with the procedure refe rred to 
in Article 18(2), amend Annex VI as well as the list of unde rtakings referred to 
above in the light of new information or technical developments, including the 
review provided for in Decision X/14 of th e Meeting of the Parties to the Protocol , 
(9)- ‘producer’ means any natural or legal pe rson manufacturing cont rolled substances 
⌦ or new substances ⌫ within the Community, 
(10)-  ‘production’ means the amount of controlled substances produced ⌦ , including the 
amount produced as by-product ⌫, less the amount destr oyed by technologies 
approved by the Parties and less the amount entirely used as feedstock or as a 
processing agent in the manufacture of other chemicals . No amount recovered, 
recycled or reclaimed shall be  considered as ‘production’, 
(11)-  ‘ozone-depleting potential’ means the figure specified in the third column of  Annex I 
⌦ and II ⌫ representing the potential effect of each controlled substance ⌦ or 
new substances ⌫ on the ozone layer, 
(12)-  ‘calculated level’ means a quantity dete rmined by multiplying the quantity of each 
controlled substance by its ozone-depleting potential and by adding together, for 
each group of controlled substances in A nnex I separately, the resulting figures, 
(13)-  ‘industrial rationalisation’ means the transf er either between Parties or within a 
Member State of all or a portion of the cal culated level of pro duction of one producer 
to another, for the purpose of optimisi ng economic efficiency or responding to 
anticipated shortfalls in supply as a result of plant closures, 
 
Ø new 
(14) 'import' means any entry of goods into  the customs territory of the Community, 
(15) 'export' means the exit of Community goods from the Community customs territory 
or of non-Community goods in the case of re-exportation, as referred to in 
Regulation (EC) No 450/2008 of the Eur opean Parliament and of the Council21. 
                                                 
21 OJ L 145, 4.6.2008, p. 1 EN 23   EN  
Ð 2037/2000 Art. 2 (adapted) 
Ö new 
(16)-  ‘placing on the market’ means the supplyi ng or making availabl e to third persons 
Ö within the Community for the first time  , against payment or free of charge, 
Ö and includes the release for free circul ation as referred to in Regulation (EC) 
No 450/2008 of controlled substances or products  containing controlled substances 
covered by this Regulation , 
(17)-  ‘use’ means the utilisati on of controlled substances ⌦ or new substances ⌫ in the 
production or maintenance, in particular re filling, of products or equipment or in 
other processes except for feedstock and processing agent uses , 
- ‘reversible air -conditioning/heat pump system’ means a combination of 
interc onnected refrigerant -containing parts constituting one closed refrigeration 
circuit, in which the refrigerant is ci rculated for the purpose of extracting and 
rejecting heat (i.e. cooling, heating), pro cesses which are reversible in that the 
evaporators and  condensers are designed to be in terchangeable in their functions,  
- ‘inward processing’ means a procedure prov ided for in Article 114(1)(a) of Council 
Regulation (EEC) No 2913/92 of 12 Oct ober 1992 establishing  the Community 
Customs Code22, 
(18)-  ‘recovery’ means the collection and the stor age of controlled substances from, for 
example, machinery, equipment and containm ent vessels during se rvicing or before 
disposal, 
(19)-  ‘recycling’ means the reuse of a recove red controlled substance following a basic 
cleaning process such as filtering and dryi ng. For refrigerants, recycling normally 
involves recharge back into equipm ent as is often carried out on site , 
(20)-  ‘reclamation’ means the reprocessing and upgrading of a recovered controlled 
substance through such processes as filte ring, drying, distillation and chemical 
treatment in order to restore the substance to a specified standard of performance  
⌦ quality equivalent to virgin material ⌫, which often involves processing off site 
at a central facility,  
(21)-  ‘undertaking’ means any natural or legal person:   
(a) who produces, recycles ⌦ or reclaims ⌫ for placing on the market ⌦ , ⌫ 
or uses Ö or destroys  controlled substances ⌦ or new substances ⌫ for 
industrial or commercial purposes  in the Community ,  
(b) who releases  ⌦ imports ⌫ such imported  substances for free circulation in 
the Community , or  
(c) who exports such substances from the Community  for industrial or commercial 
purposes . 
                                                 
22 OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 955/1999 (OJ L 119, 7. 
5.1999, p. 1 ) . EN 24   EN  
Ø new 
(22) ‘quarantine applications ’ means treatments to preven t the introduction, establishment 
or spread of officially controlled pe sts of potential importance to the areas 
endangered thereby and not yet present there,  or present but not widely distributed, 
including diseases, or to en sure their control performed or authorized by a national 
authority; 
(23) ‘pre-shipment applications’ means treat ments, other than qua rantine applications, 
applied within 21 days prior to export to meet the requirements which are established 
by a national authority of the importing or of the exporting country. 
 
Ð 2037/2000 (adapted) 
Ö new 
CHAPTER II 
PHASE -OUT  SCHEDULE  ⌦ CONTROLLED  SUBSTANCES ⌫ 
Article 3 4 
Control of production of controlled substances  ⌦ Production  ⌫ 
1. Subject to paragraphs  5 to 10, the  ⌦ The ⌫ production of Ö controlled substances except 
hydrochlorofluorocarbons  the following  shall be prohibited.:  
 (a) chlorofluorocarbons;  
 (b) other fully haloge nated chlorofluorocarbons;  
 (c) halons;  
 (d) carbon tetrachloride;  
 (e) 1,1,1 -trichl oroethane;  
 (f) hydrobromofluorocarbons;  
 
Ð 1804/2003 Art. 1.3 (adapted) 
 (g) bromochloromethane  
 
Ð 2037/2000 Art. 3(1) 
subparagraph 2 (adapted) 
In the light of the proposals made by Member States , the Commission shall, in accor dance 
with the procedure referred to in Article 18(2),  apply the criteria set out in Decision IV/25 of 
the Parties in order to determine every year any essential uses for which the production and EN 25   EN importation of controlled substa nces referred to in the firs t subparagraph may be permitted in 
the Community and those users who may ta ke advantage of those essential uses. Such 
production and importation shall be allowed only if  no adequate alternatives or recycled or 
reclaimed controlled substances referred to in  the first subparagraph are available from any of 
the Parties.  
 
Ð 2037/2000 Art. 3(2) (adapted) 
2. (i) Subject to paragraphs 5 to 10, each producer shall ensure that:  
 (a) the calculated level of its produc tion of methyl bromide in the period  1 January to 
31 December 1999 and in each 12 -month period thereafter  does not exceed 75  % of 
the calculated level of its produc tion of methyl bromide in 1991;  
 (b) the calculated level of its producti on of methyl bromide in the period 1 
January to 31 Dece mber 2001 and in each 12 -month period thereafter does not 
exceed 40  % of the calculated level of its  production of methyl bromide in 
1991;  
 (c) the calculated level of its producti on of methyl bromide in the period 1 
January to 31 December 2003 and in each  12-month period thereafter does not 
exceed 25  % of the calculated level of its  production of methyl bromide in 
1991;  
 (d) it produces no methyl bromide after 31 December 2004.  
 The calculated levels referred to in subpa ragraphs (a), (b),  (c) and (d) shall  not 
include the amount of methyl bromide produced for quarantine and preshipment 
applications.  
 (ii) In the light of the proposals made by Member States, the Commission shall, in 
accordance with the procedure referred to  in Article 18(2),  apply the criter ia set out 
in Decision IX/6 of the Parties, together w ith any other relevant criteria agreed by the 
Parties, in order to determine every year any critical uses fo r which the production, 
importation and use of methyl bromide may be permitted in the Communit y after 31 
December 2004, the quantities and uses to be permitted and those users who may 
take advantage of the critical exempti on. Such production and importation shall be 
allowed only if no adequate a lternatives or recycled or reclaimed methyl bromide is  
available from any of the Parties.  
 In an emergency, where unexpected outbreak s of particular pests or diseases so 
require, the Commission, at th e request of the competent authority of a Member 
State, may authorise the temporar y use of methyl bromide. Suc h authorisation shall 
apply for a period not exceeding 120 days and to a quantity not exceeding 20 tonnes.  
 
Ð 2037/2000 Art. 3(3) (adapted) 
Ö new 
23. Subject to paragraphs8, 9 and 10, each  ⌦ Each ⌫ producer shall ensure ⌦ the 
following ⌫ that: EN 26   EN  (a) the calculated level of its production of hydrochlorofluorocarbons in the period 1 
January 2000 to 31 December 2000 and in each 12 -month period thereafter does not 
exceed the calc ulated level of its production of  hydrochlorofluorocarbons in 1997;  
 (b)  the calculated level of its production of hydrochloro fluorocarbons in the period 
⌦ from ⌫ 1 January 2008  ⌦ 2010 ⌫ to 31 December 2008 ⌦ 2010 ⌫ and in 
each 12-month period thereafter does not exc eed 35 % of the calculated level of its 
production of hydrochlorofluorocarbons in 1997; 
 (bc ) the calculated level of its  production of hydrochlorof luorocarbons in the period 
⌦ from ⌫ 1 January 2014 to 31 December 2014 and in each 12-month period 
thereafter does not exceed 20  Ö 14 % of the calculated level of its production of 
hydrochlorofluorocarbons in 1997; 
 (cd ) the calculated level of its  production of hydrochlorof luorocarbons in the period 
1 January 2020 to 31 December 2020 and in each 12 -month period thereafter does 
not exceed 15  % of the calculated leve l of its production of 
hydrochlorofluorocarbons in  1997;  
 (e) it produces no hydrochlorofl uorocarbons after 31 December Ö 2019  2025 . 
Before 31 December 2002, the Commission sha ll review the level of production of 
hydrochlorofluorocarbons with a view to determining:  
– whether a production cut ahead of the year  2008 should be proposed, and/or  
– whether a change to the le vels of production provided for under (b), (c) and (d) 
should be proposed.  
This review will take into account the deve lopment of hydrochlorofluorocarbon consumption 
worldwide, the hydrochlorofl uorocarbon exports from the Community and other OECD 
countries and the technical and economic availabili ty of alternative subs tances or technologies 
as well as relevant internationa l developments under the Protocol.  
 
Ð 2037/2000 Art. 3 (adapted) 
4. The Commission shall issue licen ces to those users identified in accordance with the second 
subparagraph of paragraph 1 and paragraph 2(ii ) and shall notify them of the use for which 
they have authorisation and the substa nces and quantities thereof th at they are authorised to 
use.  
5. A producer may be authorised by the competen t authority of the Member State in which 
that producer's relevant producti on is situated to produce the c ontrolled substances referred to 
in paragr aphs 1 and 2 for the purpose of meeting the requests licensed in accordance with 
paragraph 4. The competent authority of th e Member State concerned shall notify the 
Commission in advance of its intenti on to issue any such authorisation.  
6. The competent au thority of the Member State in whic h a producer's relevant production is 
situated may authorise that producer to exceed  the calculated levels of production laid down 
in paragraphs 1 and 2 in order to satisfy th e basic domestic needs of Parties pursuant to 
Article 5 of the Protocol, provided that the a dditional calculated leve ls of production of the 
Member State concerned do not exceed those permitted for that purpose by Articles 2A to 2E EN 27   EN and 2H of the Protocol for the pe riods in question. The competent auth ority of the Member 
State concerned shall notify the Commission in a dvance of its intention to issue any such 
authorisation.  
7. To the extent permitted by th e Protocol, the competent author ity of the Member State in 
which a producer's relevant production i s situated may authorise that producer to exceed the 
calculated levels of production laid down in paragraphs 1 a nd 2 in order to satisfy any 
essential or critical u ses of Parties at their request. The competent authority of the Member 
State concerned shall  notify the Commission in advance of its intention to issue any such 
authorisation.  
8. To the extent permitted by th e Protocol, the competent author ity of the Member State in 
which a producer's relevant production is s ituated may authorise that producer to  exceed the 
calculated levels of production la id down in paragraphs 1 to 7 for the purpose of industrial 
rationalisation within the Member State concer ned, provided that the calculated levels of 
production of that Member State do not exceed the sum of the calculated levels of production 
of its domestic producers as laid down in para graphs 1 to 7 for the periods in question. The 
competent authority of the Member State c oncerned shall notify the Commission in advance 
of its intention to i ssue any such authori sation.  
9. To the extent permitted by the Protocol, the Commission may, in agreement with the 
competent authority of the Member State in  which a producer's relevant production is 
situated, authorise that producer to exceed the calculated levels of producti on laid down in 
paragraphs 1 to 8 for the pur pose of industrial rationalisa tion between Member States, 
provided that the combined calculated levels of production of the Member States concerned 
do not exceed the sum of the calculated levels of production of  their domestic producers as 
laid down in paragraphs 1 to 8 for the periods  in question. The agreement of the competent 
authority of the Member State in which it is  intended to reduce prod uction shall also be 
required.  
10. To the extent permitted by the Pr otocol, the Commission may, in  agreement with both the 
competent authority of the Member State in wh ich a producer's relevant production is situated 
and the government of the third Party conc erned, authorise a producer to combine the 
calculated levels of p roduction laid down in para graphs 1 to 9 with th e calculated levels of 
production allowed to a producer in a third Party under the Pr otocol and that producer's 
national legislation for the purpose of industria l rationalisation with a third Party, provided 
that the combined calculated levels of production by the two producers do not exceed the sum 
of the calculated levels of production allowed to the Community producer under paragraphs 1 
to 9 and the calculated levels of production allowed to the third Party  producer under the 
Protocol and any releva nt national legislation.  
 
Ð 2037/2000 Art. 4 (adapted) 
Article 4 5 
Control of the  Pplacing on the market and use of controlled substances  EN 28   EN  
Ð 2037/2000 Art. 4(1) (adapted) 
Î1 Art. 2 4th indent 2nd sentence 
1. Subject to paragraphs 4 and 5,  Tthe placing on the market a nd the use of the following  
controlled substances Î1 . This definition shall not cover any controlled substance which 
⌦ are not ⌫ is in a manufactured product other than a container used for the transportation 
or storage of that substance, or  insignificant quantities of any controlled substanc e, originating 
from inadvertent or coincidental producti on during a manufacturing  process, from unreacted 
feedstock, or from use as a processing agent which is present in chemical substances as trace 
impurities, or that is emitted during product manufacture or handling   shall be prohibited.:  
 (a) chlorofluorocarbons;  
 (b ) other fully halogena ted chlorofluorocarbons;  
 (c) halons;  
 (d) carbon tetrachloride;  
 (e) 1,1,1 -trichloroethane;  
 (f) hydrobromofluorocarbons ; 
 
Ð 1804/2003 Art. 1.4(a) (adapted) 
 (g) bromochloromethane.  
 
Ð 2037/2000 4(4)(v) (adapted) 
2. Except for uses ⌦ referred to Article 13 ⌫ listed in Annex VII , fire protection 
systems and fire extinguishers containing ha lons shall be decommissioned before 31 
December 2003 , and halons shall be recove red in accordance with Article ⌦ 22 ⌫ 16. 
 
Ð 2037/2000 Art. 4(1) 
subparagraph 2 (adapted) 
The Commission may, following a request by a comp etent authority of a Member State and in 
accordance with the procedure referred to in Ar ticle 18(2), authorise a temporary exemption 
to allow the use of chlorofluorocarbons until 31 December 2004 in delivery mechanisms for 
hermetically sealed devices designed for im plantation in the human body for delivery of 
measured doses of medication, and  until 31 December 2008, in ex isting military applications, 
where it is demonstrated that, for a particular use, technically and economically feasible 
alternative substances or technologies are not availa ble or cannot be used.  
 
Ð 2037/2000 Art. 4(2) (adapted) 
2. i) Subject to paragraphs 4 and 5, each producer and importer shall ensure that:  
 (a) the calculated level of methyl bromide which it places on the market or uses 
for its own account in the period 1 January 1999 to 31 December 1999 and  in EN 29   EN each 12 -month period thereafter does not exceed 75  % of the calculated level 
of methyl bromide which it placed on the market or used for its own account in 
1991;  
 (b) the calculated level of methyl bromid e which it places on the market or uses 
for its own account in the period 1 January 2001 to 31 December 2001 and in 
each 12 -month period thereafter does not exceed 40  % of the calculated level 
of methyl bromide which it placed on the market or used for its own account in 
1991;  
 (c) the calculated level of methyl bromide which it pl aces on the market or uses 
for its own account in the period 1 Janua ry 2003 to 31 December 2003 and in 
each 12 -month period thereafter does not exceed 25  % of the calculated level 
of methyl bromide whic h it placed on the market  or used for its own account in 
1991;  
 (d) it does not place any methyl bromid e on the market or use any for its own 
account after 31 December 2004.  
 To the extent permitted by the Protocol, the Commission shall, following a request 
by a competent authorit y of a Member State and in accordance with the procedure 
referred to in Article 18(2), adjust the cal culated level of methyl bromide referred to 
in Article 3(2)  (i) (c) and subparagraph (c) where it is demonstrated that this is 
necessary to meet the needs of that Member State, because technically and 
economically feasible altern atives or substitutes that are acceptable from the 
standpoint of environment and health are not available or  cannot be used.  
 The Commission, in consultation with Member States, shal l encourage the 
development, including research, and the us e of alternatives to methyl bromide as 
soon as possible.  
 (ii) Subject to paragraph 4, the placing on the market and the use of methyl bromide 
by undertakings other than producers and importers sha ll be prohibited after 31 
December 2005.  
 (iii) The calculated levels refe rred to in subparagraphs (i)  (a), (b), (c) and (d) and (ii) 
shall not include the amount of methyl br omide produced or imported for quarantine 
and preshipment applications. For the p eriod 1 January 2001 to 31 December 2001 
and for each 12 -month period thereafter, each producer and importer shall ensure that 
the calculated level of methyl bromide whic h it places on the market or uses for its 
own account for quarantine and preshipment a pplications shall not exceed the 
average of the calculated level of methyl  bromide which it placed on the market or 
used for its own account for quarantine a nd preshipment in the years 1996, 1997 and 
1998.  
 Each year Member States shall report to the Comm ission the quantities of methyl 
bromide authorised for quarantine and pr eshipment used in their territory, the 
purposes for which methyl bromide was us ed, and the progress in evaluating and 
using alternatives.  
 The Commission shall, in accordance with the procedure referred to in Article 18(2), 
take measures to reduce the calculated level of methyl bromide which producers and EN 30   EN importers may place on the market or use for their own account for quarantine and 
preshipment in the light of technical and economic availability of alternative 
substances or technologies and of the rele vant international developments under the 
Protocol.  
 (iv) The total quantitative limits for the pl acing on the market or use for their own 
account by producers and im porters of methyl br omide are set out in Annex III.  
 
Ð 2037/2000 Art. 4(3) (adapted) 
Î1 2039/2000 Art. 1 
3. (i) Subject to paragraphs 4 and 5 and to Article 5(5):  
 (a) the calculated level of hydrochl orofluorocarbons which producers and 
importers place on the market or use for their own account in the period 1 
January 1999 to 31 December 1999 and in the 12 -month period thereafter shall 
not exceed the sum of:  
– 2,6 % of the calculated level of chlo rofluorocarbons which producers and 
importers placed o n the market or used for their own account in 1989, 
and 
– the calculated level of hydrochlor ofluorocarbons which producers and 
importers placed on the market or used for their own account in 1989;  
 (b) the calculated level of hydrochlorofluorocarbons which p roducers and 
importers place on the market or use for their own account in the period 1 
January 2001 to 31 December 2001 shall not exceed the sum of:  
– 2,0 % of the calculated level of chlo rofluorocarbons which producers and 
importers placed on the market or  used for their own account in 1989, 
and 
– the calculated level of hydrochlor ofluorocarbons which producers and 
importers placed on the market or used for their own account in 1989;  
 (c) the calculated level of hydrochl orofluorocarbons which producers and 
importers place on the market or use for their own account in the period 1 
January 2002 to 31 December 2002 shall not exceed 85  % of the level 
calculated pursuant to subparagraph (b);  
 (d) the calculated level of hydrochl orofluorocarbons which producers and 
importers place on the market or use for their own account in the period 1 
January 2003 to 31 December 2003 shall not exceed 45  % of the level 
calculated pursuant to subparagraph (b);  
 (e) the calculated level of hydrochl orofluorocarbons which producers an d 
importers place on the market or use for their own account in the period 1 
January 2004 to 31 December 2004 and in each 12 -month period thereafter 
shall not exceed 30  % of the level calculated pursuant to subparagraph (b);  EN 31   EN  (f) the calculated level of hy drochlorofluorocarbons which producers and 
importers place on the market or use for their own account in the period 1 
January 2008 to 31 December 2008 and in each 12 -month period thereafter 
shall not exceed 25  % of the level calculated pursuant to subparag raph (b);  
 (g) producers and importers shall not place hydrochlorofluorocarbons on the 
market or use them for their own account after 31 December 2009;  
 (h) each producer and importer shall en sure that the calculated level of 
hydrochlorofluorocarbons which  it places on the market or uses for its own 
account in the period 1 January 2001 to 31 December 2001 and in the 12 -
month period thereafter shall not excee d, as a percentage of the calculated 
levels set out in (a) to (c),  Î1 the percentage sh are assigned to it in 1999  ; 
 
Ð 1366/2006 Art. 1 (adapted) 
 (i) by way of derogation from point  (h), each producer and  importer in the 
Czech Republic, Estonia, Cyprus, Latvia , Lithuania, Hungary, Malta, Poland, 
Slovenia and Slo vakia shall ensure that the calculated level of 
hydrochlorofluorocarbons which it places on the market or uses for its own 
account shall not exceed, as a percentage of the calcul ated levels set out in 
points  (b), (d), (e) and  (f), the average of its percen tage market share in 2002 
and 2003.  
 
Ð 2037/2000 Art. 4(3) (adapted) 
 (ii) Before 1 January 2001, the Commission shall, in accordance with the procedure 
referred to in Article 18(2),  determine a mechanism for the allocation of quotas to 
each producer and importer of the calculated leve ls set out in (d) to (f), applicable for 
the period 1 January 2003 to 31 December 2003 and for each 12 -month period 
thereafter.  
 (iii) In the case of produ cers, the quantities referred to in this paragraph shall apply to 
the amounts of virgin hydroc hlorofluorocarbons which they  place on the market or 
use for their own account within the Community and which were produced in the 
Community.  
 (iv) The total quantitative limits for the placing on the market or use for their own 
account by producers and importers of hydr ochlorofluorocarbons are set out in 
Annex III.  
 
Ð 2037/2000 Art. 4(4) (adapted) 
4. (i)  (a) Paragraphs 1, 2 and 3 shal l not apply to the placing on the mark et of controlled 
substances for des truction within the Community by t echnologies approved by the Parties;  
 (b) paragraphs 1, 2 and 3 shall not a pply to the placing on the market and use 
of controlled substances if:  
– they are used for feedstock or as a processing agent; or  EN 32   EN – they are used to meet the licensed requests for essential uses of those 
users identified as laid down in Ar ticle 3(1) and to meet the licensed 
requests for critical uses of those us ers identified as laid down in Article 
3(2) or to meet the reque sts for temporary emergency applications 
authorised in accordance with Article 3(2)  (ii). 
 (ii) Paragraph 1 shall not apply to the placing on the market, by undertakings other 
than producers, of controlled substances  for the maintenance or servicing of 
refrigeration and air -condition ing equipment until 31 December 1999.  
 (iii) Paragraph 1 shall not apply to th e use of controlled substances for the 
maintenance or servicing of refrigeration and air -conditioning equipment or in 
fingerprinting processes until 31 December 2000.  
 
Ð 1804/2003 Art. 1.4(b) (adapted) 
 (iv) Paragraph 1(c) shall not apply to the placing on the market and use of halons that 
have been recovered, recycled or reclaime d in existing fire protection systems until 
31 December 2002 or to the placing on the ma rket and use of halons for critical uses 
as set out in Annex V II. Each year the competent aut horities of the Member States 
shall notify to the Commission the quantities of halons used for critical uses, the 
measures taken to reduce their emissions and an e stimate of such emissions, and the 
current activities to identify and use adequate alternatives.  Each year the 
Commission shall review the critical uses listed in Annex VII and, if necessary, 
adopt modifications and, where appropriate, time -frames for phas e-out, taking into 
account the availability of bot h technically and economically feasible alternatives or 
technologies that are acceptable from the st andpoint of environment and health, in 
accordance with the procedure referred to in Article 18(2).  
 
Ð 2037/2000 4(4) (adapted) 
 (v) Except for uses listed in Annex VII, fi re protection systems and fire extinguishers 
containing halons shall be decommissi oned before 31 December 2003, and halons 
shall be recovered in acc ordance with Article 16.  
5. Any producer or importer entitled  to place controlled substances  referred to in this Article 
on the market or use them for its own account may transfer that right in respect of all or any 
quantities of that group of substances fixed in accordance with this  Article to any other 
producer or importer of that group of substanc es within the Community. Any such transfer 
shall be notified in advance to the Commission. The transfer of the right to  place on the 
market or use shall not imply  the further right to prod uce or to import.  
 
Ð 1804/2003 Art. 1.4(c) (adapted) 
6. The importation and placing on the market  of products and equipment containing 
chlorofluorocarbons, other fully halogena ted chlorofluorocarbons, halons, carbon 
tetrachloride, 1,1,1 -trichloroethane, hydrobromofluorocarbons and bromochloromethane shall 
be prohibited, with the exception of products  and equipment for which the use of the 
respective controlled substance has been au thorised in accordance with the second 
subparagraph of Article 3(1) or is listed in Annex VII. Products and equipment shown to be EN 33   EN manufactured before the entry into force of this Regulation shall no t be covered by this 
prohibition.  
 
Ð 2037/2000 Art. 5 (adapted) 
Article  5 
Control of the use of hydrochlor ofluorocarbons  
1. Subject to the following conditions, the use of hydrochlorofluorocarbons shall be 
prohibited:  
 (a) in aerosols;  
 (b) as solvents:  
 (i) in non -contained solvent uses including open -top cleaners and open -top 
dewatering systems without refr igerated areas, in adhesives and mould -release 
agents when not employed in closed equipment, for drain cleaning where 
hydrochlorofluorocarbons  are not recovered;  
 (ii) from 1 January 2002, in all solven t uses, with the exception of precision 
cleaning of el ectrical and other components in aerospace and aeronautics 
applications where the prohibition sha ll enter into force on 31 December 2008;  
 (c) as refrigerants:  
 (i) in equipment produced after 31 December 1995  for the following uses:  
– in non -confined direct -evaporation systems,  
– in domestic refrigerators and freezers,  
– in motor vehicle, tractor and off -road vehicle or trai ler air conditioning 
systems operating on any energy source, except for military uses where 
the prohibition shall en ter into force on 31 Dec ember 2008,  
– in road public -transport air -conditioning,  
 (ii) in rail transport air -conditioning, in equipment produced after 31 December 
1997;  
 (iii) from 1 January 2000, in equipment produced after 31 December 1999  for 
the following uses:  
– in public and di stribution cold stores and warehouses,  
– for equipment of 150  kw and over, shaft input,  
 (iv) from 1 January 2001, in all other refrigeration and air -conditioning 
equipment produced after 31 December 2000,  with the excep tion of fixed air -
conditioning equipme nt, with a cooling capaci ty of less than 100  kW, where EN 34   EN the use of hydrochlofluorocarbons shall be prohibited from 1 July 2002 in 
equipment produced after 30 June  2002 and of reversible air -conditioning/heat 
pump systems where the use of hydrochlorofluoroca rbons shall be prohibited 
from 1 January 2004 in all equipment produced after 31 December 2003;  
 (v) from 1 January 2010, the use of vi rgin hydrochlorofluor ocarbons shall be 
prohibited in the maintenance and se rvicing of refrigeration and air -
conditioning equipment existing at that da te; all hydrochlorofluorocarbons 
shall be prohibited from 1 January 2015.  
 Before 31 December 2008 the Commission shall review the technical and 
economic availability of alternatives to recycled hydrochl orofluorocarbons.  
 The review shall take into account the availability of technically and 
economically feasible alte rnatives to hydrochlorofluorocarbons in existing 
refrigeration equipment with the vi ew to avoiding undue abandonment of 
equipment.  
 Alternatives for consideration should have a significantly less harmful effect on 
the environment than hydrochlorofluorocarbons.  
 The Commission shall submit the result of the review to the European 
Parliament and to the Council. It shall, as appropriate, in accordance with the 
procedur e referred to in Article 18(2), take  a decision on whether to adapt the 
date of 1 January 2015;  
 (d) for the production of foams:  
 (i) for the production of all foams except integral skin foams for use in safety 
applications and rigid insulating foams;  
 (i i) from 1 October 2000, for the production of integral skin foams for use in 
safety applications and polyet hylene rigid insulating foams;  
 (iii) from 1 January 2002, for the pr oduction of extruded polystyrene rigid 
insulating foams, except where used for i nsulated transport;  
 (iv) from 1 January 2003, for the production of polyur ethane foams for 
appliances, of polyurethane flexible f aced laminate foams and of polyurethane 
sandwich panels, except where these last  two are used for insulated transport;  
 (v) fr om 1 January 2004, for the produc tion of all foams, including 
polyurethane spray and block foams;  
 (e) as carrier gas for ster ilisation substances in closed systems, in equipment 
produced after 31 December 1997;  
 (f) in all other applications.  EN 35   EN  
Ð 2037/2000 Art. 5(2) (adapted) 
2. By way of derogation from paragraph l, the use of hydrochlorofluorocarbons shall be 
permitted:  
 (a) in laboratory uses, incl uding research and development;  
 (b) as feedstock;  
 (c) as a processing agent.  
3. By way of derogation from paragraph 1, the use of hydrochlorofluorocarbons as fire -
fighting agents in existing fire protection sy stems may be permitted for replacing halons in 
applications listed in Annex V II under the following conditions:  
– halons contained in such fire protection systems shall be replaced completely,  
– halons withdrawn shall be destroyed,  
– 70 % of the destruction costs shall be  covered by the supplier of the 
hydrochlorofluorocarbons,  
– each year, Member States making use of this provision shall notify to  the 
Commission the number of installations a nd the quantities of halons concerned.  
4. The importation and placing on the market  of products and equipment containing 
hydrochlorofluorocarbons for which a use restri ction is in force under this Article shall be 
prohibited from the date on which the use restrict ion comes into force. Products and 
equipment shown to be manufactured before th e date of that use re striction shall not be 
covered by this prohibition.  
5. Until 31 December 2009, th e use restrictions und er this Article shall not apply to the use of 
hydrochlorofluorocarbons for the production of pr oducts for export to countries where the use 
of hydrochlorofluorocarbons in t hose products is still permitted.  
6. The Commission may, in accordance with the proc edure referred to in Article 18(2), in the 
light of experience with the op eration of this Regulation or to reflect technical progress, 
modify the list and the dates set out in paragr aph 1, but in no case extend the periods set out 
therein, without prejudic e to the exemptions provided for in paragraph 7.  
7. The Commission may, following a request by a competent authority of a Member State and 
in accordance with the procedure referred to in Article 18(2), authorise a time -limited 
exemption to allow the use an d placing on the market of hydrochlorofluorocarbons in 
derogation from paragraph 1 and Article 4(3) wher e it is demonstrated that, for a particular 
use, technically and economically feasible a lternative substances or  technologies are not 
available or canno t be used. The Commission sh all immediately inform the Member States of 
any exemptions granted.  EN 36   EN  
Ø new 
Article 6 
Placing on the market of products a nd equipment containing or relying on  controlled 
substances 
 
Ð 1804/2003 Art. 1.4(c) = Art 4(6) 
(adapted) 
Ö new 
6. The importation and  placing on the market of pr oducts and equipment containing Ö or 
relying on controlled substances  chlorofluorocarbons, other fully halogenated 
chlorofluoroca rbons, halons, carbon tetrachloride, 1,1,1 -trichloroethane, 
hydrobromofluorocarbons and bromochloromethane shall be prohibited, with the exception of 
products and equipment for which the use of th e respective controlled  substance has been 
authorised in accordance with the second subparagraph of Article 3(1)  ⌦ Articles 10, 11(1), 
(2) and (4) ⌫ or ⌦ 13 ⌫is listed in Annex VII . Products and equipment shown to be 
manufactured before the entry into force of  this Regulation shall not be covered by this 
prohibition.  
 
Ø new 
CHAPTER  III 
EXEMPTIONS AND DEROGATIONS  
Article 7 
Feedstock uses 
1. By way of derogation from Articles 4 and 5,  controlled substances may be produced, 
placed on the market and used as feedstock. 
2. Controlled substances produced or placed on the market as feedstock may only be 
used for that purpose. Containers  containing such substances sh all be labelled with a clear 
indication that the s ubstance may only be used as feedstock. 
3. The Commission may determine the form and content of the label to be used. Those 
measures, designed to amend non-essent ial elements of this Regulation, inter alia  by 
supplementing it, shall be adopted in accordance  with the regulatory procedure with scrutiny 
referred to in Article 25(3). 
Article 8 
Use of controlled substances as processing agents EN 37   EN 1. By way of derogation from Article 4 and 5, controlled substan ces may be produced, 
placed on the market and used as processing agents. 
 
Ð 2037/2000 Art 2 16th indent 1st 
sentence (adapted) 
Ö new 
2. Ö Controlled substances may only be used as processing agents  processing agent’ 
means controlled substances used as chem ical processing agents in those applicat ions listed in 
Annex VI,  in installations exis ting at 1 September 1997, and where emissions are 
insignificant . 
 
Ø new 
3. Controlled substances produced or placed on the market as processing agents may 
only be used for that purpose.  
 
Ð Omnibus [COM(2008) 71 final 
= COD 2008/0032] 2.3(1) 
(adapted) 
Ö new 
43. The Commission ⌦ may, ⌫ shall,  in the light of those criteria, and  in accordance 
with the procedure referred to in Article 18 25(2), establish a list of undertakings in which the 
use of controlled substances as processing agents shall be permitted, laying down Ö , where 
appropriate,  maximum Ö quantities that may be used and  emission levels for each of the 
undertakings concerned. 
In the light of new information or te chnical developments, the Commission may:  
a) amend the list of undertakings referred to  above in accordance with the procedure 
referred to in Article 24(2);  
b) amend Annex III VI  ⌦ referred to in Article 2(8) ⌫. Those measures, designed to 
amend non -essential elements of this Regulation,  shall be adopted in accordance with 
the regulatory procedure with scrutiny referred to in Article 18(3).  
Those measures, designed to amend non-essen tial elements of this Regulation, shall be 
adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).  
 
Ø new 
Article 9 
Placing on the market of controlled substances for destruction 
By way of derogation from Article  5, controlled substa nces may be placed on the market for 
destruction within the Commun ity in accordance with the requirements for destruction laid 
out in Article 22(1). EN 38   EN  
Ø new 
Article 10 
Essential laboratory and analytical uses  of controlled substances other than 
hydrochlorofluorocarbons 
1. By way of derogation from  Article 4(1) and 5, contro lled substances other than 
hydrochlorofluorocarbons may be produced, pl aced on the market and used for essential 
laboratory and analytical uses, subject to registration and licen sing in accordance with this 
Article. 
 
Ð 2037/2000 Art. 3(1) 2nd sub-
paragraph (adapted)  
Ö new 
21. In the light of the proposals made by Member States, the Co mmission shall, in 
accordance with the procedure referred to in Article 25(2)18(2) , apply the criteria set out in 
Decision IV/25 of the Parties in order to  determine every year  any essential ⌦ laboratory and 
analytical ⌫ uses for which the production and importation of controlled substances 
⌦ other than hydrochlorofluorocarbons ⌫ referred to in the first subparagraph  may be 
permitted in the Community Ö , the respective quantities, th e period for which the exemption 
shall be valid  and those users who may take advantage of those essential ⌦ laboratory and 
analytical ⌫ uses. Such production and importation shall be allowed only if no adequa te 
alternatives or recycled or reclaimed cont rolled substances referred to in the first 
subparagraph are available from any of the Parties.  
 
Ø new  
3. Controlled substances produced or placed on the market for essential laboratory and 
analytical uses may only be used for that purpose. 
Those substances shall only be placed on th e market and further distributed under the 
conditions set out Annex V. The Commission may amend this Annex. 
Those measures, designed to amend non-essen tial elements of this Regulation, shall be 
adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3). 
 
Ø new 
4. Any person using controlled substances  other than hydrochlorofluorocarbons for 
essential laboratory and analytical uses shal l register with the Commission, indicating the 
substances being used, the purpose, the estimat ed annual consumption and the suppliers of 
those substances, and sha ll update that information when changes occur. 
 
Ø new 
5. By the date specified in a notice issu ed by the Commission, producers and importers 
supplying the persons refe rred to in paragraph 4 or using th e controlled subs tances for their EN 39   EN own account shall declare to the Commission the foreseen demand for the period specified in 
the notice, specifying the nature and quanti ties of controlled substances needed.  
 
Ð 2037/2000 Art. 3(4) (adapted) 
Ö new 
64. The Commission shall issue licences to t hose users identified in accordance with the 
second subpar agraph of paragraph 1 and paragraph 2(ii)  Ö producers and importers  and 
shall notify them of the use for which they have authorisation and the substances and 
quantities thereof that they are authorised to Ö place on the market or to  use Ö for their 
own account .  
 
Ø new 
The total quantity annually author ised under licences shall not exceed 130% of the average of 
the calculated level of controlled substances  which producers or importers placed on the 
market or used for their own account for essentia l laboratory and analyti cal uses in the years 
2005 to 2008.  
 
Ð 2037/2000 Art. 3(5) 
75. A producer may be authorised by the compet ent authority of the Member State in which 
that producer's relevant producti on is situated to produce the c ontrolled substances referred to 
in paragraphs  1 and 2  for the purpose of meeting the re quests licensed in  accordance with 
paragraph 64 .  
The competent authority of the Member St ate concerned shall notify the Commission in 
advance of its intention to issue any such authorisation. 
 
Ð 2037/2000 Art. 3(7) (adapted) 
87. To the extent permitted by the Protocol, the competent authority of the Member State in 
which a producer's relevant production is situated  may authorise that producer to produce or 
to exceed the calculated levels of production laid down in paragraphs  6 1 and 2  in order to 
satisfy any essential ⌦ laboratory and analytical ⌫, or critical,  uses of Parties at their 
request.  
The competent authority of the Member St ate concerned shall notify the Commission in 
advance of its intention to issue any such authorisation. 
 
Ø new 
Article 11 
Use and placing on the market of hydroc hlorofluorocarbons and of products and 
equipment containing or relying  on hydrochlorofluorocarbons 
1. By way of derogation from Articles 4(2)  and 5(1), hydrochlorofluorocarbons may be 
produced, placed on the market and used  EN 40   EN  
Ð 2037/2000 Art. 5(2)(a) 
(adapted) 
Ö new 
(a) in  ⌦ for ⌫ laboratory ⌦ and analytical ⌫ uses. 
Ö Any person using hydrochlorof luorocarbons for laboratory and analytical uses shall 
register with the Commission, indicating the substa nces being used, the pu rpose, the estimated 
annual consumption and the suppliers of those substances, and shall upd ate this information 
when changes occur  including research and developmen t.  
 
Ø new 
2. By way of derogation from Article 5, until 31 December 2014, reclaimed 
hydrochlorofluorocarbons may be placed on the market and used for the maintenance and 
servicing of existing refrigera tion and air-conditioning equipment,  provided that the container 
labelled with an indication that the substance has been reclaimed.  
Until 31 December 2014, recycled hydrochlorofluorocarbons may be used for the 
maintenance and servicing of existing refrig eration and air-conditioni ng equipment provided 
that they have been recovered from su ch equipment by the undertaking concerned. 
3. When reclaimed or recycled hydrochloro fluorocarbons are used for the maintenance 
and servicing, the refrigerati on and air-conditioning equipment concerned shall be labelled 
with an indication of the type of substance, it s quantity contained in the equipment and, as set 
out in Article 6 of Directive 67/548/EEC, the danger symbol and indication of danger 
involved in the use of the substance. 
 
Ð 2037/2000 Art. 5(7) (adapted)  
Ö new 
4.7. ⌦ By way of derogation from Articles 5 and 6, ⌫ tThe Commission may, following 
a request by a competent authority of a Member  State and in accordance with the procedure 
referred to in Article 18(2) 25(2) , authorise a time-limited exemption to allow the use and 
placing on the market of hydr ochlorofluorocarbons in der ogation from paragraph 1 and 
Article 4(3) Ö and of products and equipm ent containing or relying on 
hydrochlorofluorocarbons  where it is demonstrated that, fo r a particular use, technically 
and economically feasible altern ative substances or technologie s are not available or cannot 
be used. The Commission shall immedi ately inform the Member States o f any exemptions 
granted.   
Ö The exemption referred to in the first subp aragraph may not be authorised for a period 
which extends beyond 31 December 2019.  
 
Ø new 
Article 12 
Quarantine and pre-shipment applications  and emergency uses of methyl bromide EN 41   EN 1. By way of derogation from Article 5(1), me thyl bromide may be placed on the market 
and used for quarantine and pre-shipment applications until 31 December 2014. 
Methyl bromide may only be used on sites approved by the competent authorities of the 
Member State concerned and under the condition that methyl bromide released from the 
consignment is recovered with a re covery rate of at least [80 %]. 
 
Ø new  
2. The calculated level of methyl bromide whic h importers place on the market or use for 
their own account in the period from 1 January 2010 to 31 December 2010 and in each 12-
month period thereafter until 31 Decemb er 2014 shall not exceed 210 ODP tonnes. 
 
Ð 2037/2000 Art.4(2)(iii) 2nd 
sentence (adapted) 
Ö new 
For the period ⌦ from ⌫ 1 January 2001  ⌦ 2010 ⌫ to 31 December 2001  ⌦ 2010 ⌫ 
and for each 12-month period thereafter Ö until 31 December 2014  , each producer and  
importer shall ensure that the calculated le vel of methyl bromid e which it places on the 
market or uses for its own account  for quarantine and preshipment  pre-shipment  applications 
shall not exceed Ö 100 % of  the average of the calculated level of methyl bromide which it 
placed on the market or us ed for its own account for quarantine and preshipment  pre-shipment  
in the years 1996, 1997 and 1998.  
 
Ø new 
3. Methyl bromide placed on the market for quarantine and pre-shipment applications 
may only be used for those purposes.  
 
Ð 2037/2000 Art. 4(2)(i) 3rd 
subparagraph (adapted) 
3. The Commission, in consultation with Member States, shall encourage the  
development, including research, and the use of  alternatives to methyl bromide as soon as 
possible.  
 
Ð Omnibus [COM(2008) 71 final 
= COD 2008/0032] 2.3 (3) 
(adapted) 
Ö new 
4. The Commission shall take measures to re duce the calculated level of methyl bromide 
which producers and  importers may place on the market  or use for their own account for 
quarantine and preshipment  pre-shipment  in the light of technical and economic availability 
of alternative substances or technologies, an d of the relevant international developments 
under the Protocol  Ö , in particular by adapting the qua ntities referred to in paragraph 2 . EN 42   EN Those measures, designed to amend non-e ssential elements of this Regulation, ⌦ inter 
alia ⌫ by supplementing it, shall be adopted in  accordance with the regulatory procedure 
with scrutiny referred to in Article 18(3) 25(3) . 
 
Ð 2037/2000 Art. 3(2)(ii) 2nd 
subparagraph (adapted) 
Ö new 
5. In an emergency, where unexpected outbreak s of particular pests or diseases so 
require, the Commission, at the re quest of the competent authority of a Member State, may 
authorise the temporary Ö production, placing on the market and  use of methyl bromide. 
Such authorisation shall apply for a period not exceeding 120 days and to a quantity not 
exceeding 20 ⌦ metric ⌫ tonnes Ö and shall specify measures to be taken to reduce the 
emissions during the use . 
 
Ø new 
Article 13 
Critical uses of halons 
 
Ø new 
1. By way of derogation from Article 5(1), ha lons may be placed on the market and used for 
critical uses set out in Annex VI. 
 
Ð 1804/2003 Art. 1.4(b) 
[=2037/2000 Art. 4(4)(iv) 3rd 
sentence] (adapted) 
Ö new 
2. Each year t The Commission shall  Ö may  review the critical us es listed in Annex 
VI VII  and, if necessary,  adopt modifications and, where a ppropriate,  time-frames for phase-
out Ö by defining end dates , taking into account the availabi lity of both, technically and 
economically feasible alternatives or technologi es that are acceptable from the standpoint of 
environment and health, in accordance with the procedure referred to in Article 18(2) . 
 
Ð Omnibus [COM(2008) 71 final 
= COD 2008/0032] 2.3(3)(c) 3rd 
paragraph  
Those measures, designed to amend non-essentia l elements of this Re gulation, inter alia by 
supplementing it, shall be adopted in accordance  with the regulatory procedure with scrutiny 
referred to in Article 18 25(3). 
 
Ø new 
3. The Commission may, at the request of th e competent authority of a Member State 
and in accordance with the procedure referred to in Article 25(2), grant derogations from end EN 43   EN dates, provided those end dates have been specified in Annex VI in accordance with 
paragraph 2, for specific cases where it is demons trated that no technically and economically 
feasible alternative is available. 
 
Ø new 
Article 14 
Transfer of Rights and I ndustrial rationalisation 
 
Ð 2037/2000 Art. 4(5) (adapted) 
15. Any producer or importer entitled to place contro lled substances referred to in this Article  
on the market or use them for its own account may transfer that right in respect of all or any 
quantities of that  the respective  group of substances fixed in accordance with this Article to 
any other producer or importer of that group of  substances within the Community. Any such 
transfer shall be notified in ad vance to the Commission. The transf er of the righ t to place on 
the market or use shall not imply the further right to produce or to import. 
 
Ð 2037/2000 Art. 3(8) (adapted) 
28. To the extent permitted by the Protocol, the competent authority of the Member State 
in which a producer's relevant production is si tuated may authorise that producer to exceed 
the calculated levels of production laid down in ⌦ Articles 4(2) and 10 ⌫ paragraphs 1 to 7  
for the purpose of industrial rationalisation with in the Member State co ncerned, provided that 
the calculated levels of production of that  Member State do not exceed the sum of the 
calculated levels of production of its dome stic producers as laid down in paragraphs  1 to 7  
⌦ Articles 4(2) and 10 ⌫ for the periods in question. The competent authority of the 
Member State concerned shall notify the Commissi on in advance of its intention to issue any 
such authorisation. 
 
Ð 2037/2000 Art. 3(9) (adapted) 
39. To the extent permitted by the Protocol, the Commission may, in agreement with the 
competent authority of the Member State in  which a producer's relevant production is 
situated, authorise that producer to exceed th e calculated levels of production laid down in 
⌦ Articles 4(2) and 10 ⌫ paragraphs 1 to 8 for the purpose of industrial rationalisation 
between Member States, provided that the comb ined calculated levels of production of the 
Member States concerned do not exceed the su m of the calculated levels of production of 
their domestic producers as laid down in ⌦ Articles 4(2) and 10 ⌫ paragraphs 1 to 8 for the 
periods in question. The agreement of the compet ent authority of the Member State in which 
it is intended to reduce produc tion shall also be required. 
 
Ð 2037/2000 Art 3(10) (adapted) 
410. To the extent permitted by the Protocol, the Commission may, in agreement with both 
the competent authority of the Member State in which a producer's relevant production is 
situated and the government of the third ⌦ country ⌫ Party concerned, authorise a producer 
to combine the calculated leve ls of production laid down in ⌦ Articles 4(2) and 10 ⌫ EN 44   EN paragraphs 1 to 9  with the calculated levels of producti on allowed to a producer in a third 
⌦ country ⌫ Party under the Protocol and that producer's national legislation for the 
purpose of industrial rati onalisation with a third ⌦ country ⌫ Party, provided that the 
combined calculated levels of  production by the tw o producers do not exce ed the sum of the 
calculated levels of pr oduction allowed to the Community producer under ⌦ Articles 4(2) 
and 10 ⌫ paragraphs 1 to 9  and the calculated levels of production allowed to the third 
⌦ country ⌫ Party producer under the Protocol a nd any relevant national legislation. 
 
Ð 2037/2000  
CHAPTER  IVII  
TRADE 
 
Ð 2037/2000 Art. 6 (adapted) 
Article 6 15 
Licences to import  ⌦ Imports of controlled substan ces or products and equipment 
containing or relying on controlled substances  ⌫ from third countries  
 
Ø new 
1. Imports of controlled substances which are not in a product other th an a container used 
for the transportation or storage of these substances and of produc ts and equipment, other than 
personal effects, containing or relying on those substances shall be prohibited. 
2. The prohibition set out in paragraph 1 sha ll not apply to imports of the following: 
 (a) controlled substances if they are inte nded to be used for essential laboratory and 
analytical uses referred to in Article 10, 
 (b) controlled substances if they are in tended to be used for feedstock or as 
processing agents, 
 (c) controlled substances that  are intended for destruction, 
 (d) methyl bromide that is intended for em ergency uses referred to in Article 12(5) 
or, until 31 December 2014, for qua rantine and pre-shipment applications referred to 
in Article 12(1), 
 (e) products and equipment containing or re lying on controlled substances to satisfy 
essential analytical and laboratory uses referred to in Article 10, 
 (f) products and equipment containing or re lying on halon to satisfy critical uses 
referred to in Article 13, EN 45   EN  (g) products and equipment containing hydrochlorofluorocarbons for which the 
placing on the market has been authoris ed in accordance with Article 11(4). 
 
Ð 1804/2003 Art. 1.5 (adapted) 
[=Art. 6(1)] 
Ö new 
31. The release for free circulation  Ö Imports referred to in paragraph 2, with the 
exception of imports for temporary storage as  referred to in Regul ation (EC) No 450/2008, 
including transhipment, or fo r transit through the Community,  in the Community or  inward 
processing of controlled substances  shall be subject to the presentation of an import licence. 
Ö Those  Such  licences shall be issued by the Commission after verification of compliance 
with Articles 6, 7, 8 and 13,  ⌦ 16 and 20 ⌫. The Commission shall forward a copy of each 
licence to the co mpetent authority of the Member State into which the substances concerned 
are to be imported . Each Member State shall appoint a competent authority for that purpose . 
Controlled substances listed in groups I, II,  III, IV, V and IX as listed in Annex I shall  not be 
imported for inward processing.  
 
Ð 2037/2000 Art. 6 (adapted) 
2. The licence, when related to an inward -processing procedure, shall be issued only if 
the controlled substances  are to be used in the customs territory of the Community u nder the 
system of suspension provided for in Article 114(2)  (a) of Regulation (EEC) No 2913/92, and 
under the condition that the compensating products are re -exported  to a State where the 
production, consumption or import of that controlled substance is n ot prohibited . The licence 
shall only be issued following approval of th e competent authority of the Member State in 
which the inward -processing operation is to take place.  
3. A request  for a licence shall state:  
 (a) the names and the addresses of the imp orter and the exporter;  
 (b) the country of exportation;  
 (c) the country of final destination if cont rolled substances are to be used in the 
customs territory of the Community under the inward -processing procedure as 
referred to in paragraph 2;  
 ( d) a des cription of each controlled substance, including:  
– the commercial description,  
– the description and the CN code as laid down in Annex IV,  
– the nature of the substance (v irgin, recovered or reclaimed),  
– the quantity of the s ubstance in kilograms;  
 ( e) the purpo se of the proposed import;  
 ( f) if known, the place and date of the pr oposed importation and, where relevant, any 
changes to these data.  EN 46   EN 4. The Commission may require a ce rtificate attesting the nature of substances to be imported.  
 
Ð Omnibus [COM(2008) 71 final 
= COD 2008/0032] 2.3(5) 
(adapted) 
5. The Commission may amend the list of items mentioned in paragraph 3 and Annex 
IV.  
Those measures, designed to amend a non -essential elements of this Regulation, shall be 
adopted in accordance with the regulatory proced ure with scrutiny ref erred to in Article 18 (3). 
 
Ð 2037/2000 Art. 7 (adapted) 
Ö new 
Article 7 16 
Imports  Ö Release for free circulation in the Community   of controlled substances 
from third countries 
1. The release for free circulation in the Co mmunity of controlled substances imported 
from third countries shall be subject to quan titative limits. ⌦ The Commission shall 
determine those limits and allocate quotas ⌫ Those limits shall be determined and quotas 
allocated  to undertakings for the period ⌦ from ⌫ 1 January to 31 December ⌦ 2010 ⌫ 
1999  and for each 12-month period thereafter in acco rdance with the procedure referred to in 
Article 18 25(2). 
They  ⌦ The quotas referred to in the first subparagraph ⌫ shall be allocated only ⌦ for 
any of the following substances ⌫: 
 (a) for controlled substance s of groups VI and VIII as referred to in Annex I;  
 (ab) for  controlled substances if they are used for essential ⌦ laboratory and 
analytical ⌫ or critical  uses ⌦ referred to in Article 10 ⌫ or  
 (b)  Ö methyl bromide for eith er of the following uses:   
Ö (i) emergency uses referred to in Article 12(5),   
Ö (ii) until 31 December 2014 and subject to the quantitative limits for the 
placing on the market provi ded for in Article 12(2)  for quarantine and 
preshipment  pre-shipment  applications; 
 (c) for  controlled substances if they are used for feedstock or as processing agents; or  
 (d) to undertakings having destruction fac ilities for recovered controlled substances 
if the controlled substances are used  for destruction in the Community by 
technologies approved by the Parties . EN 47   EN  
Ø new 
2. By the date specified in a notice issued  by the Commission, impor ters of substances 
referred to in points (a) and (c) shall decl are to the Commission the foreseen demand, 
specifying the nature and quantities of controll ed substances needed. On the basis of those 
declarations the Commission shall establish quanti tative limits to the imports of substances 
referred to in points (a) and (c). 
 
Ð 2037/2000 (adapted) 
Article  8 
Imports of controlled substances fr om a State not party to the Protocol  
The release for free circulation in the Community or inward processing of cont rolled 
substances imported from any State not party to the Prot ocol shall be prohibited.  
Article  9 
Imports of products containi ng controlled substances from a State not party to the 
Protocol  
1. The release for free circulati on in the Community of products and equipment containing 
controlled substances imported fr om any State not Party to the Protocol shall be prohibited.  
 
Ð Omnibus [COM(2008) 71 final 
= COD 2008/0032] 2.3(6) 
(adapted) 
2. A list of products containing controlled substances and of Combined Nomenclature codes  
is given in Annex V  for guidance of the Member States' customs authorities . The Commission 
may add to, delete items from or amend that li st in the light of the lists established by the 
Parties.  
Those measures, designed to ame nd non -essential elements of this Regulation, shall be 
adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).  
 
Ð 2037/2000 Art. 11 (adapted) 
Ö new 
Article 11 17 
Export of controlled substances or products ⌦ and equipment  ⌫ containing Ö or 
relying on   controlled substances EN 48   EN  
Ð 1804/2003 Art. 1.6(a) (adapted) 
[=Art. 11(1)] 
Ö new 
1. Exports from the Community of chlo rofluorocarbons, other fully halogenated 
chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1 -trichloroethane, 
hydrobromofluorocarbons and bromochloromethane  Ö controlled substances which are not in 
a product other than a container used for the tr ansportation or storage of these substances  
or products and equipment, other than personal effects, containing Ö or relying on  those 
substances or whose continuing  function relies on supply of th ose substances  shall be 
prohibited.  
 
Ð 2037/2000 Art. 11(1) 2nd 
sentence (adapted) 
Ö new 
⌦ 2. ⌫ ⌦ The ⌫ This  prohibition ⌦ set out in paragraph 1 ⌫ shall not apply to 
exports of: 
 (a) controlled substances produced under Ar ticle 3(6) to satisfy the basic domestic 
needs of Parties pursuant to  Article 5 of the Protocol;  
 (a)(b)  controlled substances produced under Article 3(7)  to satisfy essential or critical  
uses Ö referred to in Article 10(2)  of Parties; 
 
Ø new 
 (b) controlled substances to satisfy critic al uses referred to in Article 13(1) of 
Parties;  
 
Ð 2037/2000 Art. 11(1) (adapted) 
Ö new 
 (ce ) controlled substances to be used for feedstock and processi ng agent applications ; 
 ⌦ (d) controlled substances to be used as processing agents; ⌫ 
 (ec ) products and equipment containing Ö or relying on  controlled substances 
produced under  ⌦ in accordance with ⌫ Article 3(5)  ⌦ 10(7) ⌫ or imported 
under Article 7(b)  ⌦ 15(2) point (d) and (e) ⌫; 
 
Ð 2037/2000 Art. 11(1) (adapted) 
Ö new 
 (fd ) recovered, recycled and reclaimed halon stored for critical uses in facilities 
authorised or operated by the competent authority to satisfy critical uses listed in 
Annex VII until 31 D ecember 2009, and  products and equipment containing Ö or 
relying on  halon to satisfy critical uses listed in Annex VI VII . By 1 January 2005, 
the Commission shall undertake a review of exports of such recovered, recycled and 
reclaimed halon for critical uses and, in a ccordance with the procedure referred to in EN 49   EN Article 18(2), shall take a decision, if a ppropriate, to prohibit such exports earlier 
than 31 December 2009;  
 
Ø new 
 (g) virgin or reclaimed hydrochlorofluoro carbons for uses other than destruction.  
 
Ð 2038/2000 Art. 1 (adapted) 
[=Art. 11(1)(f)] 
 (f) metered dose inhalers and delivery m echanisms containing chlorofluorcarbons for 
hermetically sealed devices for implantation in the human body fo r delivery of 
measured doses of medication which, under Article 4(1), may be  given a temporary 
authorisation in accordance with the pr ocedure referred to in Article 18(2);  
 
Ð 1804/2003 Art. 1.6(c) (adapted) 
[=Art. 11(1)(g)] 
 (g) used products  and equipment that contain rigid insulating foam or integral skin 
foam which have been produced with ch lorofluorocarbons. This exemption does not 
apply to:  
– refrigeration and air -conditioning equipment and products;  
– refrigeration and air -conditioning equip ment and products which contain 
chlorofluorocarbons used as refrigerants , or whose continui ng function relies 
on the supply of chlorofluorocarbons used  as refrigerants, in other equipment 
and products;  
– building insulation foam and products.  
 
Ø new 
3. By way of derogation from paragraph 1, the Commission may, following a request by 
a competent authority of a Member State and in  accordance with the procedure referred to in 
Article 25(2), authorise the export of products and equipment containing 
hydrochlorofluorocarbons where it is demonstrated  that in view of th e economic value and the 
expected remaining lifetime of the specific good, the prohibition of export would impose a 
disproportionate burden on the exporter. 
 
Ð 2037/2000 Art. 11 (adapted) 
2. Exports from the Community of methyl bromide to any State not party to the Protocol shall 
be prohibited.  
3. From 1 January 2004, exports from the Comm unity of hydrochlorofluorocarbons to any 
State not party to the Protocol shall be prohibi ted. The Commission shall, in accordance with 
the procedure referred to in Article 18(2), exam ine the above date in the light of relevant 
international developments under the Pr otocol and modify it as appropriate.  EN 50   EN  
Ð 1804/2003 Art. 1.7 (adapted) 
[=Art. 11(4)] 
4. From 31 December 2003, exports from the Commun ity of halon for critical uses not from 
storage facilities authorised or  operated by the competent author ity to store halon for critical 
uses shall be prohibited.  
 
Ð 1804/2003 Art. 1.8 (adapted) 
[=Art. 12(1)] 
41. Exports ⌦ referred to in points (a) to (d) of paragraph 2 ⌫ from the Community of 
controlled substances  shall be subject to authorisation  ⌦ licensing ⌫. Such  ⌦ That ⌫ 
export authorisation  ⌦ licence ⌫ shall be issued by the Commission to undertakings for the 
period 1 January to 31 December 2001 and for each 12 -month period thereafter  after 
verification of compliance with Article 11  ⌦ 20 ⌫. Provisions governing the export 
authorisation of halon as  a controlled substance are set out in paragraph 4 . The Commission 
shall forward a copy of each export aut horisation to the competent authori ty of the Member 
State concerned.  
 
Ð 1804/2003 Art. 1.9 [=Art. 
12(4)] (adapted)  
Ö new 
5. Exports ⌦ referred to in points (e) to (g) of paragraph 2 and in paragraph 3 ⌫ from 
the Community of  halon, an d products and equipment containing halon, to satisfy critical uses 
listed in Annex VII, shall be subject to ⌦ licensing ⌫ Ö , except exports subsequently to 
transit or temporary storage without havi ng been assigned another customs approved 
treatment or use as referred to  in Regulation (EC) No 450/2008 . authorisation for the 
period 1 January to 31 December 2004 and each 12 -month period thereafter . Such  
⌦ That ⌫ export auth orisation  ⌦ licence ⌫ shall be issued by the Commission to the 
exporter after verification of co mpliance with Article 11(1)(d)  ⌦ 20 ⌫ by the competent 
authority of the Member State concerned .  
 
Ø new 
Article 18 
Licensing of imports and exports 
1. The Commission shall set up and oper ate an electronic licensing system.  
2. Applications for licences referred to in Ar ticles 15 and 17 shall be submitted using the 
system referred to in paragraph 1. Before subm itting application for licence undertakings shall 
register in that system. 
 
Ð 2037/2000 Art. 6(3) (adapted) 
Ö new 
32. An  ⌦ application ⌫ request  for a licence shall state ⌦ the following ⌫: EN 51   EN  (a) the names and the addresses of the importer and the exporter; 
 (b) the country of Ö importation and  exportation; 
 (c) the country of final destination if controlled substances are to be u sed in the 
customs territory of the Community under the inward -processing procedure as 
referred to in paragraph 2;  
 (cd ) ⌦ in the case of imports or export of controlled substances ⌫ a description of 
each controlled substance, including: 
(i) the commercial description, 
(ii) the description and the CN code as laid down in Annex IV, 
(iii) the nature of the substance  ( ⌦ whether the substance is ⌫ virgin, 
recovered or reclaimed) , 
(iv) the quantity of the s ubstance in kilograms; 
 
Ð 1804/2003 Art. 1.9 2nd 
subparagraph [=Art. 12(4)] 
(adapted)  
An application for an export authorisation shall record:  
 ⌦ (d) in the case of imports  or exports of products a nd equipment containing or 
relying on halon or hydrochlorofluorocarbons ⌫ 
– the name and address of the exporter,  
– a commercial description of the export,  
 
Ø new 
(i) the type and nature of the equipment, 
(ii) for countable items the number of units and the quantity of the controlled 
substance per unit in metric kilograms, 
(iii) for uncountable items the total net mass in metric kilograms, 
 
Ð 1804/2003 Art. 1.9 2nd 
subparagraph [=Art. 12(4)] 
Ö new 
(iv) the total quantity of halon Ö or hydrochlorofluoro carbons contained in 
metric kilograms  , 
(v) the country/countries of final destin ation of the products and equipment, EN 52   EN  
Ø new 
(vi) whether the controlled substance contained is virg in, reclaimed or waste, 
 
Ð 1804/2003 Art. 1.9 2nd 
subparagraph [=Art. 12(4)] 
(adapted)  
(vii) ⌦ in the case of products and eq uipment containing or relying on 
halon, ⌫ a declaration that the halon is  ⌦ they are ⌫ to be exported 
for a specific critical use listed in Annex VI VII , 
 
Ø new 
(viii) in the case of products and equipment c ontaining or relying on 
hydrochlorofluorocarbons, the referen ce to the Commission authorisation 
referred to in Article 17(3); 
 
Ð 2037/2000 Art. 6(3) (adapted) 
Ö new 
 (e) the purpose of the proposed import Ö including the intended customs-approved 
treatment and use, where relevant sp ecifying the intended customs procedure ; 
 (f) if known  the place and date of the proposed importation Ö or exportation and the 
customs office where the goods will be declared  and, where relevant any changes 
to these data. ; 
(g) any further information deemed necessary by the competent authority. 
 
Ð 2037/2000 Art. 12(3) (adapted) 
Ö new 
43. Each Ö importer or  exporter shall notify the Commission of any changes which might 
occur during the period  of validity of the ⌦ licence ⌫ authorisation  in relation to the data 
notified under paragraph 2. Each exporter shal l report to the Commission in accordance with 
Article 19.  
 
Ð 2037/2000 Art. 6(2) (adapted) 
Ö new 
52. The Commission may require a cer tificate attesting the nature ⌦ or composition ⌫ of 
substances to be imported Ö or exported and may request a copy of the licence issued by the 
country to which the import or from which the export takes place . 
 
Ø new 
6. The Commission may share the submitted data so far as necessary in specific cases 
with competent authorities of the Parties concerned and may do either of the following: EN 53   EN (a) reject the request for an import licence wh ere it is established based on information 
from the competent authorities of the country  concerned that the exporter is not an 
undertaking authorised to tr ade in the respective substa nce in that country,  
(b) reject the application fo r an export licence where the competent authorities of the 
importing country have informed the Commis sion that the import of the controlled 
substance would constitute a case of illegal trade, or would adversely impact the 
implementation of control measures of the importing country in place to comply with 
the obligations under the Protocol or woul d lead to an excess of the quantitative 
limits under the Protocol for that country. 
 
Ð 1804/2003 Art. 1.8 last sentence 
(adapted) [=Art. 12(1) last 
sentence] 
71. The Commission shall forward a copy of each ⌦ licence ⌫ export authorisation  to 
the competent authority of the Member State concerned. 
 
Ð Omnibus [COM(2008) 71 final 
= COD 2008/0032] 2.3(5) 
(adapted) 
85. The Commission may amend the list of items mentioned in paragraph ⌦ 3 ⌫ 4 and 
Annex IV.  
Those measures, designed to amend non-essen tial elements of this Regulation, shall be 
adopted in accordance with the regulatory procedure with scru tiny referred to in Article 
1825(3). 
 
Ð 2037/2000 (adapted) 
Article  12 
Export  authorisation  
 
Ð 1804/2003 Art. 1.8 (adapted) 
[=Art. 12(1)] 
1. Exports from the Community of  controlled substances sha ll be subject to 
authorisation. Such export aut horisation shall be issued by the Commission to undertakings 
for the period 1 January to 31 December 2001 and for each 12 -month period thereafter after 
verification of complia nce with Article 1 1. Provisions go verning the export authorisation of 
halon as a controlled substance are set out in paragraph 4. The Commission shall forward a 
copy of each export authorisation to the compet ent authority of the Member State concerned.  
 
Ð 2037/2000 Art. 12(2) (adapted) 
2. An application for an expor t authorisation shall state:  EN 54   EN  (a) the name and address of  the exporter and of the pr oducer, where it is not the 
same;  
 (b) a description of the controlled su bstance(s) intended fo r export, including:  
– the commercial description,  
– the description and the CN code as laid down in Annex IV,  
– the nature of the substance (v irgin, recovered or reclaimed);  
 (c) the total quantity of each substance to be exported;  
 (d) the country/countries of fina l destination of the controlled  substance(s);  
 (e) the purpose of the exports.  
 
Ð 2037/2000 Art. 12(3) (adapted) 
3. Each exporter shall notify the Commission of  any changes which might occur during the 
period of validity of the authorisation in relation to the data notifie d under paragraph 2. Each 
exporter shall report to the Commi ssion in accordance with Article 19.  
 
Ð 1804/2003 Art. 1.9 [=Art. 
12(4)] (adapted) 
4. Exports from the Community of halon, a nd products and equipment containing halon, 
to satisfy cri tical uses listed in Annex VII shall be subject to authorisat ion for the period 1 
January to 31 December 2004 and each 12 -month period thereafter. Such export authorisation 
shall be issued by the Commission to the exporter after verifi cation of compliance with 
Article 11(1)(d) by the competent authority of the Member State concerned.  
An application for an export authorisation shall record:  
– the name and address of the exporter,  
– a commercial description of the export,  
– the total quantity of halon,  
– the country /countries of final destination of the products and equipment,  
– a declaration that the halon is they are to be  exported for a specifi c critical use listed 
in Annex VII,  
– any further information deemed necessary by the competent authority.  EN 55   EN  
Ø new 
Article 19 
Measures for monitoring or control 
The Commission may adopt additional measures for the monitoring or control of controlled 
substances or new substances and of produc ts and equipment containing or relying on 
controlled substances placed under temporary st orage, including transhipment, in transit 
through and re-exported from the customs territo ry of the Community, on the basis of an 
evaluation of the potential risks of illegal trade linked to such  movements, taking into account 
the socio-economic impacts of such measures.  
Those measures, designed to amend non-essential elements of this Regulation, inter alia  by 
supplementing it, shall be adopted in accordance  with the regulatory procedure with scrutiny 
referred to in Article 25(3). 
 
Ð 2037/2000 Art.13 (adapted) 
Article 13 20 
Exceptional authorisation to t  Trade with a State not party to the Protocol ⌦ and a 
territory not covered by the Protocol  ⌫  
 
Ð 2037/2000 Art. 8 (adapted) 
Ö new 
1. The release for free circ ulation in the Community  Ö import and export  or inward 
processing  of controlled substances Ö and of products and equipm ent containing or relying 
on controlled substances  imported  from Ö and to  any State not part y to the Protocol 
shall be prohibited. 
 
Ð 2037/2000 Art. 10 (adapted) 
Ö new 
2. In the light of the decision of the Parties, t  The Council shall, on a proposal from the  
Commission Ö may  adopt rules applicable  to the release for fr ee circulation in the 
Community of products ⌦ and equipment ⌫ which were produced using controlled 
substances but do not contain substances whic h can be positively identified as controlled 
substances, imported from any State not party to the Protocol. The identification of such 
products ⌦ and equipment ⌫ shall comply with periodical technical advice given to the 
Parties. The Council shall act by a qualified majority  
Ö Those measures, designed to amend non- essential elements of this Regulation, inter alia  by 
supplementing it, shall be adopted in accordance  with the regulatory procedure with scrutiny 
referred to in Article 25(3).  EN 56   EN  
Ð 2037/2000 Art. 13 (adapted) 
3. By way of derogation from ⌦ paragraph 1 ⌫ Articles 8, 9 (1), 10, 11(2) and (3) , 
trade with any State not party to the Protoc ol in controlled substances and products ⌦ and 
equipment ⌫ which contain  ⌦ containing or relying on such substances ⌫ or 
⌦ which ⌫ are produced by means of one or more such substances may be authorised by 
the Commission, to the extent that the State no t party to the Protocol is determined by a 
meeting of the Parties ⌦ pursuant Article 4(8) of the Protocol ⌫ to be in full compliance 
with the Protocol and has submitted data to that effect as specified in Article 7 of the Protocol. 
The Commission shall act in accordance with the procedure referred to in Article 18 25(2) of 
this Regulation. 
 
Ð 2037/2000 Art. 14 (adapted) 
Article  14 
Trade with a territory not covered by the Protocol  
41. Subject to any decisi on taken under the second  sub paragraph 2 , ⌦ paragraph 1 ⌫ 
Articles 8, 9, 11(2) and (3)  shall apply to any territory not covered by the Protocol as they 
apply to any State not party to the Protocol. 
2. Where the authorities of a territory not cove red by the Protocol are in full compliance with 
the Protocol and have submitted data to that effect  as specified in Article 7 of the Protocol, the 
Commission may decide that some  or all of the provisions of ⌦ paragraph 1 ⌫ Articles 8, 9 
and 11 of this Regulation  shall not apply in resp ect of that territory. 
The Commission shall act  take its decision  in accordance with the procedure referred to in 
Article 2518 (2). 
 
Ø new 
Article 21 
List of products and equipm ent containing or relying on controlled substances 
 
Ð Omnibus [COM(2008) 71 final 
= COD 2008/0032] 2.3(6) 
(adapted)  
Ö new 
2. Ö The Commission shall make available a  A list of products ⌦ and equipment which 
might contain ⌫ containing  Ö or rely on  controlled substances and of Combined 
Nomenclature codes is give n in Annex V  for guidance of the Member States' customs 
authorities. The Commission may add to, delete ite ms from or amend that list in the light of 
the lists established by the Parties.  EN 57   EN Those measures, designed to amend non -essential elements of this Regu lation, shall be 
adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).  
 
Ð 2037/2000 (adapted)  
Ö new 
Article  15 
Notification of Member States  
The Commission shall immediately notify the Member States of any measures it adopts 
pursuant to Articles 6, 7, 9, 12, 13 and 14.  
CHAPTER  IV 
EMISSION  CONTROL 
 
Ð 2037/2000 (adapted) 
Ö new 
Article 2216  
Recovery Ö and destruction   of used controlled substances 
1. Controlled substances contained in -  refrigeration, air-conditioning and heat pump 
equipment, except domestic refrigerators and freezers,  - equipment containing solvents,  
⌦ or ⌫ - fire protection systems and fire extinguishers,  shall, during the servicing and 
maintenance of equipment or before th e dismantling or disposal of equipment,  be recovered 
for destruction by technologi es approved by the Parties, ⌦ listed in Annex VII, ⌫ or by a ny 
other environmentally accep table destruction technology  or be recovered  for recycling or 
reclamation during the servicing and maintenanc e of equipment or before the dismantling or 
disposal of equipment  
 
Ø new 
2. The Commission may amend Annex VII in orde r to take new techno logical developments 
into account.  
Those measures, designed to amend non-essen tial elements of this Regulation, shall be 
adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3). 
 
Ð 2037/2000 Art. 16(2) (adapted) 
2. Controlled substances contained in domestic  refrigerators and freezers shall be recovered 
and dealt with as provided for in paragraph 1 after 31 December 2001.  EN 58   EN  
Ð 2037/2000 Art. 16(3) (adapted) 
Ö new 
3. Controlled substances contai ned in products, installations  and equipment other than those 
mentioned in paragraphs  1 and 2  shall Ö , if technically and economically feasible, be 
recovered ⌦ for destruction ⌫ Ö or destroyed without prior recovery, applying the 
technologies referred to in paragraph 1 , if practicable,  and dealt with as provided in 
paragraph 1 . 
 
Ø new 
The Commission shall establish an Annex to this Regulation with a list of products and 
equipment for which the recovery or destructi on without prior recovery  shall be considered 
technically and economically f easible, specifying, if appropria te, the technologies to be 
applied.  
Those measures, designed to amend non-essential elements of this Regulation, inter alia  by 
supplementing it, shall be adopted in accordance  with the regulatory procedure with scrutiny 
referred to in Article 25(3). 
 
Ð 2037/2000 Art. 16(4) (adapted) 
4. Controlled substances shall not be placed  on the market in disposable containers, 
except for essential ⌦ laboratory and analytical ⌫ uses ⌦ referred to in Article 10 ⌫. 
 
Ð 2037/2000 Art. 16(5) (adapted) 
Ö new 
5. Member States shall take steps to prom ote the recovery, recycling, reclamation and 
destruction of controlled substances and shal l assign to users, refrigeration technicians or 
other appropriate bodies respon sibility for ensuring compliance with the provisions of 
paragraph 1. Member States shall  define the minimum qualif ication requirements for the 
personnel involved. By 31 December 2001 at the late st, Member States shall report to the 
Commission on the progra mmes related to the above  qualification requirements.   
The Commission shall evaluate the measures taken by the Member States.  Ö and may  iIn 
the light of this evaluation and of techni cal and other relevant  information, the Comm ission , 
as appropriate, Ö adopt  shall propose  measures regarding those minimum qualification 
requirements.  
Ö Those measures, designed to amend non- essential elements of this Regulation, inter alia  by 
supplementing it, shall be adopted in accordance  with the regulatory procedure with scrutiny 
referred to in Article 25(3).  EN 59   EN  
Ð 1804/2003 Art. 1.10 
[=Art.16(6)] (adapted) 
Ö new 
6. Member States shall report to the Commission by 31 December 2001, and for each 12 -
month period thereafter, on the systems estab lished to promote the recovery of used 
controlled substances, including th e facilities available and the quantities of used controlled 
substances recovered, recycled, reclaim ed or destroyed.  
 
Ð 2037/2000 Art.16(7) (adapted) 
7. This Article shall be without prejudice to  Council Directive 75/442/EEC of 15 July 1975 on 
waste23 or to measures adopted following Article 2(2) of that Directive.  
 
Ð 2037/2000 Art. 17 (adapted) 
Ö new 
Article 2317  
Leakages Ö and emissions   of controlled substances 
1. ⌦ Undertakings shall take ⌫ aAll precautionary measures practicable shall be taken  
to prevent and minimise ⌦ any ⌫ leakages of controlled subs tances. In particular, fixed 
equipment with a refrigerating fl uid charge of more than 3 kg shall be checked for leakages 
annually.  
Member States shall define the minimum qualification requirements for the personnel 
involved. By 31 December 2001 at the latest, Me mber States shall report to the Commission 
on the programmes related to th e above qualification requirements.  The Commission shall 
evaluate the measures taken by the Member  States.  In the light of this  ⌦ an ⌫ evaluation 
⌦ of these measures taken by the Member States ⌫ and of technical and other relevant 
information, the Commission, as appropriate, shall propose  Ö may adopt  measures 
Ö regarding the harmonisation of  those minimum qualification requirements.  
Ö Those measures, designed to amend non-essential elements of this Regul ation, inter alia by 
supplementing it, shall be adopted in accordance  with the regulatory procedure with scrutiny 
referred to in Article 25(3).  
The Commission shall promote the preparation of  European standards relating to the control 
of leakages and to the rec overy of substances leaking fr om commercial and industrial air -
conditioning and refrigerat ion equipment, from fire -protection systems and from equipment 
containing solvents as well as, as appropriate, to technical requirements with respect to the 
leakproof ness of refrigeration systems.  
                                                 
23 OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 
6.6.1996, p. 32).  EN 60   EN  
Ð 2037/2000 Art. 17(2) (adapted) 
2. ⌦ Undertakings shall take ⌫ aAll precautionary measures practicable shall be taken  
to prevent and minimise ⌦ any ⌫ leakages of methyl bromide from fumigation installations 
and ⌦ other ⌫ operations in which methyl bromide is  used. Whenever methyl bromide is 
used in soil fumigation, the use of virtually impermeable films for a sufficient time, or  other 
techniques ensuring at least the same level of  environmental protection shall be mandatory.  
Member States shall define the minimum qualification requirements for the personnel 
involved. 
 
Ð 2037/2000 Art. 17(3) (adapted) 
Ö new 
3. ⌦ Undertakings shall take ⌫ aAll precautionary measures practicable shall be taken  
to prevent and minimise ⌦ any ⌫ leakages Ö and emissions  of controlled substances 
used as feedstock and as processing agents. 
 
Ð 2037/2000 Art. 17(4) (adapted) 
Ö new 
4. ⌦ Undertakings shall take ⌫ aAll precautionary measures practicable shall be taken  
to prevent and minimise any leakage Ö and emissions  of controlled substances 
inadvertently produced in the course of  the manufacture of other chemicals. 
 
Ð 2037/2000 Art. 17(5) (adapted) 
Ö new 
5. The Commission shall develop as appropriate and ensure the dissemination of notes 
describing best available tec hnologies and best environmen tal practices concerning the 
prevention and minimisation of leakages a nd emissions of controlled substances.  
Ö The Commission may establish the technologies or practices to be used by undertakings to 
prevent and minimise any leakage and em issions of controlled substances.  
Those measures, designed to amend non-essential elements of this Regulation, inter alia  by 
supplementing it, shall be adopted in accordance  with the regulatory procedure with scrutiny 
referred to in Article 25(3).  
 
Ð 2037/2000 
CHAPTER  VI 
NEW  SUBSTANCES 
Article 2 224 
New substances EN 61   EN  
Ð 2037/2000 Art. 22 (adapted) 
Ö new 
1. The production, Ö import  release for free circulation in the Community and inward 
processing , placing on the market,  and use Ö and export of new substances in Ö Part A 
of  Annex II are prohibited. This prohibition does not apply to ne w substances if they are 
used as feedstock Ö , for laboratory and analytical uses , to imports for temporary storage 
including transhipment, and to exports subseque ntly to transit or te mporary storage without 
having been assigned another customs approved tr eatment or use as refe rred to in Regulation 
(EC) No 450/2008 . 
2. The Commission shall  Ö may  , as appropriate,  make prop osals to  include in Ö Part 
A of  Annex II any substances that  are not controlled substan ces but that are found by the 
Scientific Assessment Panel under the Protoc ol to have a significant ozone-depleting 
potential, including on  ⌦ and determine ⌫ possible exemptions from paragraph 1. Ö Those 
measures, designed to amend non-essential elemen ts of this Regulation, shall be adopted in 
accordance with the regulatory procedure with scrutiny referred to in Article 25(3) . 
 
Ø new 
3. In the light of relevant scientific info rmation, the Commission may include in Part B 
of Annex II any substances that  are not controlled substances but that are f ound to have an 
ozone-depleting potential. Those measures, designe d to amend non-essentia l elements of this 
Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny 
referred to in Article 25(3). 
 
Ð 2037/2000 
CHAPTER  VII 
COMMITTEE,  REPORTING,  INSPECTION  AND  PENALTIES 
Article 2518  
Committee 
1. The Commission shall be assisted by a Committee. 
2. Where reference is made to this paragr aph, Articles 4 and 7 of Decision 1999/468/EC 
shall apply, having regard to the pr ovisions of Article 8 thereof. 
The period laid down in Article  4(3) of Decision 1999/468/EC shall be set at one month. EN 62   EN  
Ð Omnibus [COM(2008) 71 final 
= COD 2008/0032] 2.3(8) 
3. Where reference is made to this paragr aph, Article 5a(1) to (4) and Article 7 of 
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 
 
Ø new 
Article 26 
Reporting by the Member States 
1. Each year by 30 June Member States sh all report the following information in an 
electronic format to the Commission, for the previous calendar year,  
 
Ð 2037/2000 Art. 4(2)(iii) 2nd 
subparagraph (adapted) 
(a) Each year Member States shall report to the Commission  the quantities of methyl 
bromide authorised ⌦ , pursuant to Article 12(2) and (5), ⌫ for ⌦ different 
treatments for ⌫ quarantine and preshipment  pre-shipment  ⌦ purposes ⌫ used in 
their territory, specifying th e purposes for which methyl bromide was used, and the 
progress in evaluating and using alternatives; 
 
Ð 2037/2000 Art. 4(4)(iv) 2nd 
sentence (adapted) 
(b) Each year the competent authorities of  the Member States shall notify to the 
Commission  the quantities of halons used for critical uses ⌦ , pursuant to Article 
13 ⌫, the measures taken to reduce their emissions and an estimate of such 
emissions, and the current activities to identify and use adequate alternatives; 
 
Ø new  
(c) on cases of illegal trade, in particular those detected during the insp ections carried 
out pursuant to Article 28.  
 
Ð 2037/2000 Art 19(2) 
2. Every year before 31 December, Member States ' customs authorities shall return to the 
Commission the stamped used licence documents . 
 
Ø new 
2. The Commission may, in accordance with th e procedure referred to in Article 25(2), 
determine the format for the submission of th e information referred to in paragraph 1.  
3. The Commission may amend paragraphs 1 and 2.  EN 63   EN Those measures, designed to amend non-essen tial elements of this Regulation, shall be 
adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3). 
 
Ð 2037/2000 Art. 19 (adapted) 
Ö new 
Article 2719  
Reporting ⌦ by undertakings  ⌫ 
1. Every year before 31 March, each produc er, importer and exporter of controlled 
substances  ⌦ undertaking ⌫ shall communicate to the Co mmission, sending a copy to the 
competent authority of the Member State concerned, ⌦ the ⌫ data ⌦ listed in paragraphs 2 
to 5 ⌫ as specified below  for each controlled substance Ö and each new substance listed in 
Annex II  in respect of the period 1 January to 31 December of the preceding year. 
2. The format of this report shall be establishe d in accordance with the procedure referred 
to in Article 18 (2).  (a) Each producer shall communicate ⌦ the following data ⌫: 
(a) its total production of each controlled  substance ⌦ referred to in paragraph 
1 ⌫ , 
(b) any production placed on the market or used for the producer's own account 
within the Community, separately id entifying production for feedstock, 
processing agent, quarantine and preshipment  pre-shipment  and other uses, 
(c) any production to meet the essential ⌦ laboratory and analytical ⌫ uses in 
the Community, licensed in accordance with Article ⌦ 10(5) ⌫ 3(4) , 
- any production authorised under Article 3(6)  to satisfy basic domestic needs of 
Parties pursuant to Article 5 of the Protocol,  
(d) any production authorised under Article ⌦ 10(7) ⌫ 3(7)  to satisfy essential, 
or critical,  uses of Parties, 
(e) any increase in production authorised under Article ⌦ 14 ⌫ 3(⌦ 2 ⌫8), 
(⌦ 3 ⌫9) and (⌦ 4 ⌫10) in connection with i ndustrial rati onalisation, 
(f) any quantities recycled, reclaimed or destroyed, 
(g) any stocks. 
3. (b)  Each importer, including a ny producers who also import,  shall communicate 
⌦ the following data ⌫: 
(a) any quantities released for free circ ulation in the Community, separately 
identifying imports for feedstock and processing-agent uses, for essential 
⌦ laboratory and analytical ⌫ or critical uses licensed in accordance with 
Article ⌦ 10(5) ⌫ 3(4) , for use in quarantine and preshipment  pre-shipment  
applications and for destruction, EN 64   EN any quantities of controlle d substances ente ring the Community under the inward -
processing procedure,  
(b) any quantities of used controlled  substances ⌦ referred to in paragraph 1 ⌫ 
imported for recycling or reclamation, 
(c) any stocks. 
4. (c)  Each exporter, including a ny producers who also export,  shall communicate 
⌦ the following data ⌫: 
(a) any quantities of controlled  substances ⌦ referred to in paragraph 1 ⌫ 
exported from the Community, including substances which are re -exported 
under the inward processing procedure,  separately identifying quantities 
exported to each country of destination and quantities exported for feedstock 
and processing agent uses, essential ⌦ laboratory and analytical ⌫ uses, 
critical uses,  ⌦ and for ⌫ quarantine and preshipment  pre-shipment  uses  
⌦ applications ⌫, to meet the basic domestic needs of Parties pursuant to 
Article 5 of the Protoc ol and for destruction,  
– any quantities of used controlled substances exporte d for recycling or 
reclamation,  
(b) any stocks. 
 
Ø new 
5. Each undertaking destroying controlled substa nces referred to in paragraph 1 and not 
covered by paragraph 2, shall communicate the following data: 
(a) any quantities of such substances de stroyed, including quan tities contained in 
products or equipment, 
(b) any stocks of such substances wait ing to be destroyed, including quantities 
contained in products or equipment, 
(c) technology used for the destruction. 
 
Ð 2037/2000 Art. 19(3) (adapted) 
Ö new 
63. Every year before 31 March, each user who has been  ⌦ is ⌫ authorised to take 
advantage of an essential ⌦ laboratory and analytical ⌫ use exemption under Article 
⌦10 ⌫ 3(1) shall, for each substance for which an authorisation has been received, report to 
the Commission, sending a copy to the competen t authority of the Member State concerned, 
the nature of the use, the quant ities used during the previous ye ar, the quantities held in stock, 
any quantities recycled or destro yed, and the quantity of products ⌦ and equipment ⌫ 
containing Ö or relying on  those substances placed on the Community market and/or 
exported. EN 65   EN  
Ð 2037/2000 Art. 19(4)  
74. Every year before 31 March, each undertaking which has been authorised to use 
controlled substances as a processing agent shal l report to the Commi ssion the quantities used 
during the previous year, and an estimate of the emissions which occurred during such use. 
 
Ð 1804/2003 Art. 1.11(a) 
[=Art. 19(4a)] (adapted) 
84a. Every year before 31 March, the exporte r shall communicate to the Commission, 
sending a copy of the data to the competent au thority of the Member State concerned, the 
records provided by each appli cant in accordance with Article ⌦ 18(2)(vii) ⌫ 12(4) , in 
respect of the period 1 January to  31 December of the preceding year. 
 
Ð 2037/2000 Art. 19(5) 
95. The Commission shall take appropriate step s to protect the confidentiality of the 
information submitted to it. 
 
Ð 2037/2000 Art. 19(1) second 
subparagraph (adapted) 
10. The format of this report  ⌦ the reports referred to in paragraphs 1 to 8 ⌫ shall be 
established in accordance with the procedure referred to in Article 2518 (2). 
 
Ð Omnibus [COM(2008) 71 final 
= COD 2008/0032] 2.3(9) 
(adapted) 
116. The Commission may amend the reporting requ irements laid down in paragraphs 1 to 
84 to meet commitments under the Protocol or to  improve the practical application of those 
reporting requirements . 
Those measures, designed to amend non-essen tial elements of this Regulation, shall be 
adopted in accordance with the regulatory procedure with scru tiny referred to in Article 
2518 (3). 
 
Ð 2037/2000 Art. 20 
Article 2820  
Inspection EN 66   EN  
Ð 2037/2000 Art. 20(3) (adapted) 
Ö new 
13. The competent autho rities of the Member States sha ll carry out the investigations 
which the Commission considers ne cessary under this Regulation. Member States shall also  
conduct random checks  Ö inspections on the compliance of undertakings with this 
Regulation, following a documented, risk-b ased approach, including inspections  on 
imports Ö and exports  of controlled substances Ö as well as of products and equipment 
containing or relying on those substances , and communicate the schedules and results of 
those checks to the Commission . The competent authorities of the Member States shall carry 
out the investigations which the Commissi on considers necessary under this Regulation.  
 
Ð 2037/2000 Art. 20(4) 
24. Subject to the agreement of the Commissi on and of the competent authority of the 
Member State within the territory of which the in vestigations are to be made, the officials of 
the Commission shall assist the o fficials of that aut hority in the performance of their duties. 
 
Ð 2037/2000 Art. 20(1) (adapted) 
31. In carrying out the tasks assi gned to it by this Regulation,  the Commission may obtain all 
the information from the governments and compet ent authorities of the Member States and 
from undertakings. 2 . When requesting information fr om an undertaking the Commission 
shall at the same time forward a copy of the re quest to the competent authority of the Member 
State within the terri tory of which the undertakin g's seat is situated, together with a statement 
of the reasons why that information is required . 
 
Ð 2037/2000 Art. 20(5) 
45. The Commission shall take appropriate ac tion to promote adequate exchange of 
information and cooperation between national au thorities and between national authorities 
and the Commission.  
The Commission shall take approp riate steps to protect the confidentiality of information 
obtained under this Article. 
 
Ð 2037/2000 Art. 21 (adapted) 
Article 2921  
Penalties 
Member States shall determine the necessary  ⌦ lay down the rules on ⌫ penalties 
applicable to breaches  ⌦ infringements of the provisions ⌫ of this Regulation ⌦ and shall 
take all measures necessary to en sure that they are implemented ⌫. The penalties shall  
⌦ provided for must ⌫ be effective, proportionate and dissuasive. Member States shall 
notify the  ⌦ those ⌫ provisions r egarding penalties  to the Commission by 31 December 
⌦ 2010 ⌫ 2000  at the latest and shal l also notify it without delay of any subsequent 
amendment affecting ⌦ them ⌫ such provisions . EN 67   EN  
Ð 2037/2000  
CHAPTER  VIII  
FINAL  PROVISIONS 
 
Ð 2037/2000 (adapted) 
Article 3023  
Repeal 
Regulation (EC) No 3093/94  ⌦ 2037/2000 ⌫ shall be repealed as from 1 October 2000  
⌦ January 2010 ⌫ . 
References to the repealed Regulation shall be  construed as referenc es to this Regulation 
⌦ and shall be read in accordance w ith the correlation table in Annex VIII ⌫. 
Article 3124  
Entry into force 
This Regulation shall enter into force on the ⌦ twentieth ⌫ day following that of its 
publication in the Official Journal of the European ⌦ Union  ⌫ Communities . 
It shall apply from 1 October 2000  ⌦ 1 January 2010 ⌫. 
This Regulation shall be binding in its entirety and directly applicable in all Member States.EN 68   EN  
Ð 2037/2000 (adapted) 
Î1 1804/2003 Art. 1.12 
ANNEX I  
Controlled substances covered  
Group Substance Ozone-
depleti
ng 
potenti
al 24 
CFCl 3 (CFC-11) ⌦ Trichlorofluoromethane ⌫ 1,0 
CF2Cl2 (CFC-12) ⌦ Dichlorodifluoromethane ⌫ 1,0 
C2F3Cl3 (CFC-113) ⌦ Trichlorotrifluoroethanes ⌫ 0,8 
C2F4Cl2 (CFC-114) ⌦ Dichlorotetrafluoroethanes ⌫ 1,0 Group I 
C2F5Cl (CFC-115) ⌦ Chloropentafluoroethane ⌫ 0,6 
CF3Cl (CFC-13) ⌦ Chlorotrifluoromethane ⌫ 1,0 
C2FCl 5 (CFC-111) ⌦ Pentachlorofluoroethane ⌫ 1,0 
C2F2Cl4 (CFC-112) ⌦ Tetrachlorodifluoroethanes ⌫ 1,0 
C3FCl 7 (CFC-211) ⌦ Heptachlorofluoropropanes ⌫ 1,0 
C3F2Cl6 (CFC-212) ⌦ Hexachlorodifluoropropanes ⌫ 1,0 
C3F3Cl5 (CFC-213) ⌦ Pentachlorotrifluoropropanes ⌫ 1,0 
C3F4Cl4 (CFC-214) ⌦ Tetrachlorotetrafluoropropanes 
⌫ 1,0 
C3F5Cl3 (CFC-215) ⌦ Trichloropentafluoropropanes ⌫ 1,0 
C3F6Cl2 (CFC-216) ⌦ Dichlorohexafluoropropanes ⌫ 1,0 Group II 
C3F7Cl (CFC-217) ⌦ Chloroheptafluoropropanes ⌫ 1,0 
CF2BrCl (halon-1211) ⌦ Bromochlorodifluoromethane ⌫ 3,0 
CF3Br (halon-1301) ⌦ Bromotrifluoromethane ⌫ 10,0 Group III 
C2F4Br2 (halon-2402) ⌦ Dibromotetrafluoroethanes ⌫ 6,0 
                                                 
24 These ozone-depleting potentials are estimates ba sed on existing knowledge and will be reviewed and 
revised periodically in the light of decisions taken by the Parties. EN 69   EN Group IV CCl 4 (carbon 
tetrachlo ride)  
⌦ CTC ⌫ ⌦ Carbon tetrachloride ⌫ 1,1 
Group V C 2H3Cl3 25 (1,1,1-
trichloroethane) ⌦ 1,1,1-Trichloroethane 
(methylchloroform) ⌫ 0,1 
Group VI CH 3Br (methyl 
bromide) ⌦ Bromomethane ⌫ 0,6 
CHFBr 2 1,00 
CHF 2Br 0,74 
CH 2FBr 0,73 
C2HFBr 4 0,8 
C2HF 2Br3 1,8 
C2HF 3Br2 1,6 
C2HF 4Br 1,2 
C2H2FBr 3 1,1 
C2H2F2Br2 1,5 
C2H2F3Br 1,6 
C2H3FBr 2 1,7 
C2H3F2Br 1,1 
C2H4FBr 0,1 
C3HFBr 6 1,5 
C3HF 2Br5 1,9 
C3HF 3Br4 1,8 
C3HF 4Br3 2,2 
C3HF 5Br2 2,0 
C3HF 6Br 3,3 Group VII 
C3H2FBr 5 ⌦ HBFCs ⌫ ⌦ Hydrobromofluoromethanes, -
ethanes or -propanes ⌫ 
1,9 
                                                 
25 This formula does not refer to 1,1,2-trichloroethane. EN 70   EN C3H2F2Br4 2,1 
C3H2F3Br3 5,6 
C3H2F4Br2 7,5 
C3H2F5Br 1,4 
C3H3FBr 4 1,9 
C3H3F2Br3 3,1 
C3H3F3Br2 2,5 
C3H3F4Br 4,4 
C3H4FBr 3 0,3 
C3H4F2Br2 1,0 
C3H4F3Br 0,8 
C3H5FBr 2 0,4 
C3H5F2Br 0,8 
C3H6FBr 0,7 
CHFCl 2 (HCFC-21) 26 0,040 
CHF 2Cl (HCFC-22) 27 0,055 
CH 2FCl (HCFC-31) 0,020 
C2HFCl 4 (HCFC-121) 0,040 
C2HF 2Cl3 (HCFC-122) 0,080 
C2HF 3Cl2 (HCFC-123) 28 0,020 
C2HF 4Cl (HCFC-124) 29 0,022 
C2H2FCl 3 (HCFC-131) 0,050 
C2H2F2Cl2 (HCFC-132) 0,050 Group VIII 
C2H2F3Cl (HCFC-133) ⌦ Hydrochlorofluoromethanes, -
ethanes or -propanes ⌫ 
0,060 
                                                 
26 Identifies the most commercially viable substance as prescribed in the Protocol. 
27 Identifies the most commercially viable substance as prescribed in the Protocol. 
28 Identifies the most commercially viable substance as prescribed in the Protocol. 
29 Identifies the most commercially viable substance as prescribed in the Protocol. EN 71   EN C2H3FCl 2 (HCFC-141) 0,070 
CH 3CFCl 2 (HCFC-141b) 30 0,110 
C2H3F2Cl (HCFC-142) 0,070 
CH 3CF2Cl (HCFC-142b) 31 0,065 
C2H4FCl (HCFC-151) 0,005 
C3HFCl 6 (HCFC-221) 0,070 
C3HF 2Cl5 (HCFC-222) 0,090 
C3HF 3Cl4 (HCFC-223) 0,080 
C3HF 4Cl3 (HCFC-224) 0,090 
C3HF 5Cl2 (HCFC-225) 0,070 
CF3CF2C
HCl 2 (HCFC-225ca) 320,025 
CF2ClCF 2
CHClF (HCFC-
225cb) 33 0,033 
C3HF 6Cl (HCFC-226) 0,100 
C3H2FCl 5 (HCFC-231) 0,090 
C3H2F2Cl4 (HCFC-232) 0,100 
C3H2F3Cl3 (HCFC-233) 0,230 
C3H2F4Cl2 (HCFC-234) 0,280 
C3H2F5Cl (HCFC-235) 0,520 
C3H3FCl 4 (HCFC-241) 0,090 
C3H3F2Cl3 (HCFC-242) 0,130 
C3H3F3Cl2 (HCFC-243) 0,120 
C3H3F4Cl (HCFC-244) 0,140 
C3H4FCl 3 (HCFC-251) 0,010 
                                                 
30 Identifies the most commercially viable substance as prescribed in the Protocol. 
31 Identifies the most commercially viable substance as prescribed in the Protocol. 
32 Identifies the most commercially viable substance as prescribed in the Protocol. 
33 Identifies the most commercially viable substance as prescribed in the Protocol. EN 72   EN C3H4F2Cl2 (HCFC-252) 0,040 
C3H4F3Cl (HCFC-253) 0,030 
C3H5FCl 2 (HCFC-261) 0,020 
C3H5F2Cl (HCFC-262) 0,020 
C3H6FCl (HCFC-271) 0,030 
Î1 Group 
IX  Î1 CH 2B
rC1l  Î1 (halon 1011 
bromochloromet
hane )  ⌦ Bromochloromethane ⌫ Î1 0,1
2  
 EN 73   EN  
Ø new 
ANNEX II  
New substances 
Part A: Substances restricted under Article 24(1)  
Substance Ozone-depleting 
potential  
CBr 2 F2 Dibromodifluoromethane (halon-1202) 1,25 
 
Part B: Substances to be reported on under Article 26 
Substance Ozone-depleting 
potential 34 
C3H7Br  1-Bromopropane (n-propyl bromide) 0,02 – 0,10 
C2H5Br Bromoethane (ethyl bromide) 0,1 – 0,2 
CF3I Trifluoroiodomethane (t rifluoromethyl iodide) 0,01 – 0,02 
 
                                                 
34 These ozone-depleting potentials are estimates ba sed on existing knowledge and will be reviewed and 
revised periodically in the light of decisions taken by the Parties. EN 74   EN  
Ð 1784/2006 Art. 1 and Annex 
(adapted) 
ANNEX III VI  
Processes in which controlled substances are us ed as processing agents as referred to in 
the sixteenth indent of  Article 2 point (8)  
(a) use of carbon tetrachloride for the eliminati on of nitrogene trichlor ide in the production of 
chlorine and caustic soda; 
(b) use of carbon tetrachloride in the recovery  of chlorine in tail gas from production of 
chlorine; 
(c) use of carbon tetrachlo ride in the manufacture of chlorinated rubber; 
(d) use of carbon tetrachloride in the manu facture of isobutyl acetophenone (ibruprofen-
analgesic); (e) use of carbon tetrachlori de in the manufacture of poly-phenylene-terephtalamide; 
(f) use of carbon tetrachloride for the pr oduction of radio-labelled cyanocobalamin; 
(g) use of CFC-11 in manufacture of fi ne synthetic polyolefin fibre sheet; 
(h) use of CFC-12 in the photochemical s ynthesis of perfluoropolyetherpolyperoxide 
precursors of Z-perfluoropolyether s and difunctional derivatives; 
(i) use of CFC-113 in the reduction of perf luoropolyetherpolyperoxide  intermediate for 
production of perfluoropolyether diesters; 
(j) use of CFC-113 in the preparation of perf luoropolyether diols with  high functionality; 
(k) use of carbon tetrachloride  in production of Cyclodime; 
(l) use of HCFCs in the processe s set out in points (a) to (k) when used to replace CFC or 
carbon tetrachloride. EN 75   EN  
Ð Act concerning the conditions 
of accession, Art. 20 and Annex II, 
p. 710 (adapted) 
ANNEX III  
Total quantitative limits on producers and import ers placing controlled substances on the 
market and using them for th eir own account in the Community  
(1999 -2003 — EU-15; 2004 -2015 EU -25) 
 
Ð 1791/2006 Art. 1.1 (adapted) 
(calculated levels expressed in ODP tonnes)
Substa
nce 
For 
12-
month 
periods 
from 
1 Janu
ary to 
31 Dec
ember  Group 
I Group 
II Group 
III Group 
IV Group 
V Group 
VI35 
For 
uses 
other 
than 
quaran
tine 
and 
pre-
shipme
nt 
applica
tions  Group 
VI36 
For 
quaran
tine 
and 
pre-
shipme
nt 
applica
tions  Group 
VII Group 
VIII 
1999 
(EU-
15) 0 0  0  0  0  8665   0  8079  
2000 
(EU-
15)      8665    8079  
2001 
(EU-
15)      4621  607   6678  
2002 
(EU-
15)      4621  607   5676  
                                                 
35 Calculated on the basis of ODP = 0,6.  
36 Calculated on the basis of ODP = 0,6.  EN 76   EN 2003 
(EU15
)      2888  607   3005  
2004 
(EU-
25)      2945  607   2209  
2005 
(EU-
25)      0  607   2209  
2006 
(EU-
25)       6 0 7   2209  
2007 
(EU-
27)       6 0 7   2250  
2008 
(EU-
27)       6 0 7   1874  
2009 
(EU-
27)       6 0 7   1874  
2010 
(EU-
27)       6 0 7   0  
2011 
(EU-
27)       6 0 7   0  
2012 
(EU-
27)       6 0 7   0  
2013 
(EU-
27)       6 0 7   0  
2014 
(EU-
27)       6 0 7   0  
2015 
(EU-
27)       6 0 7   0  EN 77   EN  
Ð 473/2008 Art. 1 and Annex 
(adapted) 
ANNEX IV  
Groups, Combined Nomenclature codes37 and descriptions for the substances referred 
to in Annexes  I and III  
Group CN code Description 
29034100 Trichlorofluoromethane 
29034200 Dichlorodifluoromethane 
29034300 Trichlorotrifluoroethanes 
29034410 Dichlorotetrafluoroethanes Group I 
29034490 Chloropentafluoroethane 
29034510 Chlorotrifluoromethane 
29034515 Pentachlorofluoroethane 
29034520 Tetrachlorodifluoroethanes 
29034525 Heptachlorofluoropropanes 
29034530 Hexachlorodifluoropropanes 
29034535 Pentachlorotrifluoropropanes 
29034540 Tetrachlorotetrafluoropropanes 
29034545 Trichloropentafluoropropanes 
29034550 Dichlorohexafluoropropanes Group II 
29034555 Chloroheptafluoropropanes 
29034610 Bromochlorodifluoromethane 
29034620 Bromotrifluoromethane Group III 
29034690 Dibromotetrafluoroethanes 
Group IV 29031400 Carbon tetrachloride 
Group V 29031910 1,1,1-Trichloroethane (methyl chloroform) 
                                                 
37 An “ex” before a code implies that also other substances than those referred to in the column 
“Description” may fall under that subheading.’ EN 78   EN Group VI 29033911 Bromomethane (methyl bromide) 
Group VII 29034930 Hydrobromofluorom ethanes, -ethanes or -
propanes 
29034911 Chlorodifluoromethane (HCFC-22) 
29034915 1,1-Dichloro-1-fluoroethane (HCFC-141b) Group VIII 
29034919 Other Hydrochlorofluoromethanes, -
ethanes or -propanes (HCFCs) 
Group IX ex29034980 Bromochloromethane 
38247100 Mixtures containing chlorofluorocarbons 
(CFCs), whether or not containing 
hydrochlorofluorocarbons (HCFCs), 
perfluorocarbons (PFCs) or 
hydrofluorocarbons (HFCs) 
38247200 Mixtures containing 
bromochlorodifluoromethane, 
bromotrifluoromethane or dibromo-
tetrafluoroethanes 
38247300 Mixtures containing 
hydrobromofluorocarbons (HBFCs) 
38247400 Mixtures containing 
hydrochlorofluorocarbons (HCFCs), 
whether or not containing 
perfluorocarbons (PFCs) or 
hydrofluorocarbons (HFCs), but not containing chlorofluorocarbons (CFCs) 
38247500 Mixtures containing carbon tetrachloride 
38247600 Mixtures containing 1,1,1-trichloroethane 
(methyl chloroform) Mixtures 
38247700 Mixtures containing bromomethane 
(methyl bromide) or bromochloromethane 
 EN 79   EN  
Ð 2037/2000  
ANNEX V  
Combined Nomenclature (CN) codes for pr oducts containing controlled substances38 
1. AUTOMOBILES AND TRUCK S EQUIPPED WITH  AIR-CONDITIONING UNITS  
CN codes  
87012010  – 87019090  
87021011  – 87029090  
87031011  – 87039090  
87041011  – 87049000  
87051000  – 87059090  
87060011  – 87060099  
2. DOMESTIC AND COMMERCI AL REFRIGERATION AND  AIR -CONDITIONING /HEAT -PUMP 
EQUIPMENT  
Refrigerators:  
CN cod es 
84181010  – 84182900  
84185011  – 84185099  
84186110  – 84186999  
Freezers:  
CN codes  
84181010  – 84182900  
84183010  – 84183099  
84184010  – 84184099  
84185011  – 84185099  
84186110  – 84186190  
                                                 
38 These customs codes are given for the guidance of the Member States' customs authorities  EN 80   EN 84186910  – 84186999  
Dehumidifiers:  
CN codes  
84151000  – 84158390  
84796000  
84798910  
84798998  
Water coolers and gas liquefying units:  
CN codes  
84196000  
84198998  
Ice machines:  
CN codes  
84181010  – 84182900  
84183010  – 84183099  
84184010  – 84184099  
84185011  – 84185099  
84186110  – 84186190  
84186910  – 84186999  
Air-conditioning and heat -pum p units:  
CN codes  
84151000  – 84158390  
84186110  – 84186190  
84186910  – 84186999  
84189910  – 84189990  EN 81   EN 3. AEROSOL PRODUCTS , EXCEPT MEDICAL AERO SOLS  
Food products:  
CN codes  
04049021  – 04049089  
15179010  – 15179099  
21069092  
21069098  
Paints and varnishes, prepared water pigments and dyes:  
CN codes  
32081010  – 32081090  
32082010  – 32082090  
32089011  – 32089099  
32091000  – 32099000  
32100010  – 32100090  
32129090  
Perfumery, cosmetic or toilet preparations:  
CN codes  
33030010  – 33030090  
33043000  
33049900  
33051000  – 33059090  
33061000  – 33069000  
33071000  – 33073000  
33074900  
33079000  
Surface -active preparations:  
CN codes  EN 82   EN 34022010  – 34022090  
Lubricating preparations:  
CN codes  
27100081  
27100097  
34031100  
34031910  – 34031999  
34039100  
34039910  – 34039990  
Household preparations:  
CN code s 
34051000  
34052000  
34053000  
34054000  
34059010  – 34059090  
Articles of combustible materials:  
CN codes  
36061000  
Insecticides, rodenticides, fungicides, herbicides, etc.:  
CN codes  
38081010  – 38081090  
38082010  – 38082080  
38083011  – 38083090  
38084010  – 3808409 0 
38089010  – 38089090  EN 83   EN Finishing agents, etc.:  
CN codes  
38091010  – 38091090  
38099100  – 38099300  
Preparations and charges for fire -extinguishers; charged fire -extinguishing grenades:  
CN codes  
38130000  
Organic composite solvents, etc.:  
CN codes  
38140010  – 38140090  
Prepared de -icing fluids:  
CN codes  
38200000  
Products of the chemical or allied industries:  
CN codes  
38249010  
38249035  
38249040  
38249045  – 38249095  
SILICONES IN PRIMARY FORMS : 
CN codes  
39100000  
ARMS: 
CN codes  
93040000  EN 84   EN 4. PORTABLE FIRE EXTINGU ISHERS  
CN codes  
84241010  – 84241099  
5. INSULATION BOARDS , PANELS AND PIPE COV ERS 
CN codes  
39172110  – 39174090  
39201023  – 39209990  
39211100  – 39219090  
39251000  – 39259080  
39269010  – 39269099  
6. PRE-POLYMERS  
CN codes  
39011010  – 39119099  EN 85   EN  
Ø new 
ANNEX V   
Conditions for the placing on the market and further distribution of controlled 
substances for essential laboratory and anal ytical uses referred to in Article 10(8) 
1. Controlled substances for essential laborat ory and analytical us es shall contain only 
controlled substances manufactur ed to the following purities: 
Substance % 
CTC (reagent grade)  99.5  
1,1,1-trichloroethane  99.0  
CFC 11  99.5  
CFC 13  99.5 
CFC 12  99.5 
CFC 113  99.5 
CFC 114  99.5 
Other controlled substa nces with a boiling 
point >20° C 99.5 
Other controlled substa nces with a boiling 
point <20° C 99.0  
These pure controlled substances may be  subsequently mixed by manufacturers, 
agents, or distributors with other chemi cals controlled or not controlled by the 
Protocol as is customary for la boratory and analytical uses.  
2. These high purity substances and mixtures containing controlled substances shall be 
supplied only in re-closable containers or high pressure cylinders smaller than three 
litres or in 10 millilitre or smaller glass ampoules, marked clearly as substances that 
deplete the ozone layer, restricted to la boratory use and analytical purposes and 
specifying that used or surplus substan ces should be collected and recycled, if 
practical. The material should be dest royed if recycling is not practical. EN 86   EN  
Ð 2003/160/EC Art. 1 and Annex  
ANNEX VI  
Critical uses of halon 
Use of halon 1301: 
– in aircraft for the protection of crew comp artments, engine nacelles, cargo bays and 
dry bays, and fuel tank inerting, 
– in military land vehicles and naval vessels for the protection of spaces occupied by 
personnel and engine compartments, 
– for the making inert of occupied spaces wh ere flammable liquid and/or gas release 
could occur in the military and oil, gas and petrochemical sector, and in existing cargo ships, 
– for the making inert of existing manned co mmunication and command centres of the 
armed forces or others, esse ntial for national security, 
– for the making inert of spaces where there ma y be a risk of dispersion of radioactive 
matter, 
– in the Channel Tunnel and associated  installations and rolling stock. 
Use of halon 1211: 
– in military land vehicles and naval vessels for the protection of spaces occupied by 
personnel and engine compartments, 
– in hand-held fire extinguishers and fixed extinguisher equipment for engines for use 
on board aircraft, 
– in aircraft for the protection of crew comp artments, engine nacelles, cargo bays and 
dry bays, 
– in fire extinguishers essential to personal sa fety used for initial  extinguishing by fire 
brigades, 
– in military and police fire extinguishers for use on persons. 
 
Ð 2004/232/EC Art. 1 and Annex  
Use of halon 2402 only in Cyprus, the Czech Re public, Estonia, Hungary, Latvia, Lithuania, 
Malta, Poland, Slovakia and Slovenia: 
– in aircraft for the protection of crew comp artments, engine nacelles, cargo bays and 
dry bays and fuel tank inerting, 
– in military land vehicles and naval vessels for the protection of spaces occupied by 
personnel and engine compartments, EN 87   EN – for the making inert of occupied spaces where flammable liquid and/or gas release 
could occur in the military and oil, gas and petrochemical sectors, and in existing 
cargo ships, 
– for the making inert of existing manned co mmunication and command centres of the 
armed forces or others, esse ntial for national security, 
– for the making inert of spaces where there ma y be a risk of dispersion of radioactive 
matter, 
– in hand-held fire extinguishers and fixed extinguisher equipment for engines for use 
on board aircraft, 
– in fire extinguishers essential to personal sa fety used for initial  extinguishing by fire 
brigades, 
– in military and police fire extinguishers for use on persons. 
 
Ð 2007/540/EC Art. 1 and Annex  
Use of halon 2402 only in Bulgaria: 
– in aircraft for the protection of crew comp artments, engine nacelles, cargo bays and 
dry bays, and fuel tank inerting, 
– in military land vehicles and naval vessels for the protection of spaces occupied by 
personnel and engine compartments. EN 88   EN  
Ø new 
ANNEX VII  
Destruction technologies ref erred to in Article 22(1) 
Applicability 
Technology  Concentrated sources Dilute 
sources 
 Annex A, Gp. 
I 
Annex B
Annex C, Gp. 
I Halon 
(Annex A, Gp. 
II) Foam 
Destruction and removal efficiency 
(DRE) 99.99% 99.99% 95% 
Cement kilns Approved Not Approved   
Liquid injecti on incineration Approved Approved   
Gaseous/fume oxidation Approved Approved   
Municipal solid waste incineration      Approved 
Reactor cracking Approved Not Approved   
Rotary kiln incineration Approved Approved Approved 
Argon plasma arc Approved Approved   
Inductively coupled  radio frequency 
plasma Approved Approved   
Microwave plasma Approved     
Nitrogen plasma arc Approved     
Gas phase catalytic dehalogenation Approved     
Superheated steam reactor Approved     
Notes:  EN 89   EN (1) The DRE criterion presents technology capab ility on which approval of the technology 
is based. It does not always  reflect the day-to-day pe rformance achieved, which in 
itself will be controlled by national minimum standards.  
(2) Concentrated sources refer to virgin, recovered and reclaimed ozone-depleting 
substances.  
(3) Dilute sources refer to ozone-depleting substa nces contained in a matrix of a solid, for 
example foam.  EN 90   EN  
Ø new 
ANNEX VIII  
Correlation table 
Regulation (EC) No 2037/2000 New 
Art. 1 Art. 1 and 2 
Art. 2 Art. 3 
Art. 3(1) 1st subparagraph Art. 4(1) 
Art. 3(1) 2nd subparagraph Art. 10(2) and (4) 
Art. 3(2)(i) Art. 4(1) 
Art. 3(2)(ii) 1st subparagraph --- 
Art. 3(2)(ii) 2nd subparagraph Art. 12(5) 
Art. 3(3) Art. 4(2) 
Art. 3(4) Art. 10(6) 1st sentence 
Art. 3(5) Art. 10(7) 
Art. 3(6) --- 
Art. 3(7) Art. 10(8) 
Art. 3(8) Art. 14(2) 
Art. 3(9) Art. 14(3) 
Art. 3(10) Art. 14(4) 
Art. 4(1) Art. 5(1) 
Art. 4(2)(i) Art. 5(1) 
Art. 4(2)(ii) --- 
Art. 4(2)(iii) 1st subparagraph Art. 12(1) and (2) 
Art. 4(2)(iii) 2nd subparagraph Art. 26(1) point (a) 
Art. 4(2)(iii) 3rd subparagraph Art. 12(2) 
Art. 4(2)(iv) Art. 12(4) EN 91   EN Art. 4(3)(i) Art. 5(1) 
Art. 4(3)(ii) --- 
Art. 4(3)(iii) --- 
Art. 4(3)(iv) --- 
Art. 4(4)(i)(a) Art. 9 
Art. 4(4)(i)(b) 1st indent Art. 7(1) and Art. 8(1) 
Art. 4(4)(i)(b) 2nd indent Art. 10(1) and Art. 12 (5) 
Art. 4(4)(ii) --- 
Art. 4(4)(iii) --- 
Art. 4(4)(iv) 1st sentence Art. 13(1) 
Art. 4(4)(iv) 2nd sentence Art. 27(1) point (b) 
Art. 4(4)(v) Art. 5(2) 
Art. 4(5) Art. 14(1) 
Art. 4(6) Art. 6 
Art. 4(6) --- 
Art. 5(1) Art. 5(1) 
Art. 5(2) point (a) Art. 11(1) 
Art. 5(2) point (b) Art. 7(1) 
Art. 5(2) point (c) Art. 8(1) 
Art. 5(3) --- 
Art. 5(4) 1st sentence Art. 11(4) 
Art. 5(4) 2nd sentence --- 
Art. 5(5) --- 
Art. 5(6) --- 
Art. 5(7) Art. 11(4) 
Art. 6(1) 1st sentence Art. 15(3) EN 92   EN Art. 6(1) 2nd sentence --- 
Art. 6(2) --- 
Art. 6(3) Art. 18(3) 
Art. 6(4) Art. 18(5) 
Art. 6(5) Art. 18(8) 
Art. 7 Art. 16(1) 
Art. 8 Art. 20(1) 
Art. 9(1) Art. 20(1) 
Art. 9(2) Art. 21 
Art. 10 Art. 20(2) 
Art. 11(1) Art. 17(1) and (2) 
Art. 11(2) Art. 20(1) 
Art. 11(3) Art. 20(1) 
Art. 11(4) --- 
Art. 12(1) Art. 17(4) 
Art. 12(2)  Art. 18(4) 
Art. 12(3) Art. 18(5) 
Art. 12(4) Art. 18(3) and (4) 
Art. 13 Art. 20(3) 
Art. 14 Art. 20(4) 
Art. 15 --- 
Art. 16(1) Art. 22(1) 
Art. 16(2) --- 
Art. 16(3) Art. 22(2) 
Art. 16(4) Art. 22(4) 
Art. 16(5) Art. 22(5) EN 93   EN Art. 16(6) --- 
Art. 16(7) --- 
Art. 17 Art. 23 
Art. 18 Art. 25 
Art. 19 Art. 25 
Art. 20(1) Art. 28(3) 
Art. 20(2) Art. 28(3) 
Art. 20(3) Art. 28(1) 
Art. 20(4) Art. 28(2) 
Art. 20(5) Art. 28(4) 
Art. 21 Art. 29 
Art. 22 Art. 24 
Art. 23 Art. 30 
Art. 24 Art. 31 
Annex I Annex I 
Annex III --- 
Annex IV Annex IV 
Annex V --- 
Annex VI Annex III 
Annex VII Annex VI