REGULATIONS  
COMMISSION REGULATION (EU) No 744/2010  
of 18 August 2010  
amending Regulation (EC) No 1005/2009 of the European Parliament and of the Council on 
substances that deplete the ozone layer, with regard to the critical uses of halons  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European 
Union,  
Having regard to Regulation (EC) No 1005/2009 of the 
European Parliament and of the Council of 16 September 
2009 on substances that deplete the ozone layer (  1 ), and in 
particular Article 13(2) thereof,  
Whereas:  
(1) Halon 1301, halon 1211 and halon 2402 (hereinafter 
referred to as ‘halons’) are ozone-depleting substances 
listed as controlled substances in Group III of Annex I 
to Regulation (EC) No 1005/2009. Their production in 
Member States has been banned since 1994, in line with 
the requirements of the Montreal Protocol. Their use, 
however, continues to be permitted for certain critical 
uses as set out in Annex VI to Regulation (EC) No 
1005/2009.  
(2) As required by Article 4(4)(iv) of Regulation (EC) No 
2037/2000 of the European Parliament and of the 
Council of 29 June 2000 on substances that deplete 
the ozone layer (  2 ), the Commission has reviewed 
Annex VII to that Regulation. To this effect, it has 
evaluated the current uses of halons and the availability 
and implementation of technically and economically 
feasible alternatives or technologies that are acceptable 
from the standpoint of environment and health (here ­
inafter referred to as ‘alternatives’). In the meantime, 
Regulation (EC) No 2037/2000 has been replaced by 
Regulation (EC) No 1005/2009, Annex VII to Regulation 
(EC) No 2037/2000 becoming Annex VI to Regulation 
(EC) No 1005/2009, without any change.  
(3) The review has shown some discrepancies between 
Member States in the interpretation of which uses of 
halons constitute critical uses as described in Annex VI to Regulation (EC) No 1005/2009. Each halon appli ­
cation should therefore be described in more detail, spec ­
ifying the category of equipment or facility, the purpose 
of the application, the type of halon extinguisher and the 
type of halon.  
(4) The review has also shown that, with few exceptions, 
halons are no longer necessary to meet fire protection 
needs in new designs of equipment and new facilities and 
that alternatives are now routinely being installed. 
However, halon extinguishers and fire protection 
systems continue to be necessary in some equipment 
that is, or will be, produced to existing designs.  
(5) The review has also shown that halons are being replaced 
or could be replaced by alternatives over time and at a 
reasonable cost for a majority of fire protection appli ­
cations, whether incorporated in existing equipment and 
existing facilities or in equipment being produced to 
existing designs.  
(6) It is therefore appropriate, in the light of the increased 
availability and implementation of alternatives, to 
establish, for each application, cut-off dates after which 
the use of halons for new equipment and new facilities 
would not be a critical use and the installation of a halon 
extinguisher or fire protection system would therefore 
not be permitted. Due account should be taken, in 
defining ‘new equipment’ and ‘new facilities’, of the 
stage in the equipment’s and the facilities’ lifecycle at 
which the design of the space requiring fire protection 
is effectively fixed.  
(7) It is also appropriate to establish, for each application, 
end dates after which the use of halons for fire extin ­
guishers or fire protection systems in all equipment and 
facilities, whether in existing equipment and existing 
facilities or in equipment that is, or will be, produced 
to existing designs, would cease to be a critical use. Use 
of halons would therefore not be permitted and all halon 
fire extinguishers and fire protection systems should be 
replaced, converted or decommissioned by the end date, 
in accordance with Article 13(3) of Regulation (EC) No 
1005/2009.EN L 218/2 Official Journal of the European Union 19.8.2010  
( 1 ) OJ L 286, 31.10.2009, p. 1.  
( 2 ) OJ L 244, 29.9.2000, p. 1.(8) The cut-off dates should take into account the availability 
of alternatives for new equipment and new facilities and 
the barriers to their implementation. They should also 
allow sufficient time for the development of alternatives 
where this is necessary, whilst providing an incentive to 
undertake such development. Regarding aircraft, as civil 
aviation is regulated at the international level, due 
account should be taken of initiatives by the Inter ­
national Civil Aviation Organisation (ICAO) concerning 
installation and use of halons for fire extinguishers on 
aircraft.  
(9) The end dates should, additionally, allow sufficient time 
for halon replacement or conversion activities to be 
completed as part of routine or planned equipment or 
facility maintenance or upgrade programmes, without 
unduly affecting the operation of the equipment or 
facilities concerned and without resulting in excessive 
costs. They should also take into account the time 
necessary to obtain any certification, authorisation or 
approval that may be required for the installation of 
alternatives in the equipment or facilities concerned.  
(10) For the majority of applications for new equipment and 
new facilities, where halon extinguishers and fire 
protection systems are no longer necessary or are no 
longer being installed, it is appropriate to set 2010 as 
the cut-off date. However, it is appropriate to set 2011 as 
the cut-off date for some military ground vehicle and 
aircraft applications for which alternatives are considered 
now to be available but which have not been imple ­
mented during development programmes now nearing 
completion and for which modifications might no 
longer be technically and economically feasible. It is 
appropriate to set 2014 as the cut-off date for the 
aircraft engine nacelle and cabin portable extinguisher 
applications, which would correspond to the time- 
frame for the anticipated implementation of an 
equivalent restriction through the ICAO. It is appropriate 
to set 2018 as the cut-off date for the aircraft cargo 
compartment application where alternatives have not 
yet been identified but for which it can reasonably be 
expected that, following further research and devel ­
opment, alternatives will be available by that date for 
installation in new aircraft being submitted for type 
certification.  
(11) For many applications, it is appropriate to set end dates 
between 2013 and 2025, according to the level of 
technical and economic challenge that halon replacement 
or conversion represents. Those end dates should allow 
sufficient time for halon replacement during routine 
maintenance programmes for most equipment and 
facilities where alternatives are now available. It is appro ­
priate to set 2030 or 2035 as the end date for certain 
military ground vehicle and military ship applications for which halon replacement is likely only to be technically 
and economically feasible as part of planned equipment 
upgrade or refit programmes, and for which additional 
research and development to verify the suitability of 
alternatives may be necessary in some Member States.  
(12) For some applications, on existing military vehicles, on 
existing military surface ships, on existing military 
submarines, on existing military aircraft, and on those 
that are, or will be, produced to existing designs, alter ­
natives have not yet been identified. However, it can 
reasonably be expected that by 2040 a large part of 
the equipment concerned will have reached the end of 
its useful life or that alternatives will be available by that 
date, following further research and development. It is 
therefore appropriate to set 2040 as a reasonable end 
date for those applications.  
(13) For fire protection systems in cargo compartments, 
engine nacelles and auxiliary power units, on existing 
civil aircraft or on those being produced in accordance 
with an existing type certification, alternatives have also 
not yet been identified. Furthermore, a significant 
number of civil aircraft will continue to be produced 
with, and be reliant on, halons for those applications 
for the foreseeable future. Whilst it is accepted that 
there are significant technical, economic and regulatory 
constraints affecting the replacement of halons for those 
applications, it is also appropriate, in view of the uncer ­
tainty concerning the long-term availability of recycled 
halons and the need for additional research and devel ­
opment to identify and develop suitable alternatives, to 
set 2040 as a reasonable end date.  
(14) Annex VI, including the time-frames for the phasing out 
of the critical uses, will be kept under review to take 
account of continued research and development of alter ­
natives and of new information on their availability. 
Furthermore, derogations from end dates and cut-off 
dates may be granted for specific cases where it is 
demonstrated that no alternative is available.  
(15) Regulation (EC) No 1005/2009 should, therefore, be 
amended accordingly.  
(16) The measures provided for in this Regulation are in 
accordance with the opinion of the Committee estab ­
lished by Article 25(1) of Regulation (EC) No 
1005/2009,EN 19.8.2010 Official Journal of the European Union L 218/3HAS ADOPTED THIS REGULATION:  
Article 1  
Annex VI to Regulation (EC) No 1005/2009 is replaced by the Annex to this Regulation.  
Article 2  
This Regulation shall enter into force on the 20th day following its publication in the  Official Journal of the 
European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels, 18 August 2010.  
For the Commission  
The President  
José Manuel BARROSOEN L 218/4 Official Journal of the European Union 19.8.2010ANNEX  
‘ANNEX VI  
CRITICAL USES OF HALONS  
For the purposes of this Annex, the following definitions shall apply:  
1. “Cut-off date” means the date after which halons must not be used for fire extinguishers or fire protection systems in 
new equipment and new facilities for the application concerned.  
2. “New equipment” means equipment for which, by the cut-off date, neither of the following events has occurred:  
(a) signature of the relevant procurement or development contract;  
(b) submission of a request for type approval or type certification to the appropriate regulatory authority.  
3. “New facilities” means facilities for which, by the cut-off date, neither of the following events has occurred:  
(a) signature of the relevant development contract;  
(b) submission of a request for planning consent to the appropriate regulatory authority.  
4. “End date” means the date after which halons shall not be used for the application concerned and by which date the 
fire extinguishers or fire protection systems containing halons shall be decommissioned.  
5. “Inerting” means preventing the initiation of combustion of a flammable or explosive atmosphere by means of the 
addition of an inhibiting or diluting agent.  
6. “Cargo ship” means a ship that is not a passenger ship, is over 500 tonnes gross weight, and embarks on an 
international voyage, in accordance with the definition of those terms in the Safety of Life at Sea (SOLAS) Convention. 
The SOLAS Convention defines a “passenger ship” as “a ship that carries more than 12 passengers” and an “inter ­
national voyage” as “a voyage from a country to which the present Convention applies to a port outside such country, 
or conversely”.  
7. A “normally occupied” space means a protected space in which it is necessary for persons to be present most or all of 
the time in order for the equipment or facility to function effectively. For military applications, the occupancy status of 
the protected space would be that applicable during a combat situation.  
8. A “normally unoccupied” space means a protected space that is occupied for limited periods only, in particular for 
undertaking maintenance, and where the continual presence of persons is not necessary for the effective functioning of 
the equipment or facility.  
CRITICAL USES OF HALONS  
Application  Cut-off date 
(31 December 
of the stated 
year)  End date 
(31 December 
of the stated 
year)  Category of equipment or facility  Purpose  Type of 
extinguisher  Type of 
halon  
1. On military ground 
vehicles  1.1. For the protection of engine 
compartments  Fixed system  1301 
1211 
2402  2010  2035  
1.2. For the protection of crew 
compartments  Fixed system  1301 
2402  2011  2040  
1.3. For the protection of crew 
compartments  Portable 
extinguisher  1301 
1211  2011  2020EN 19.8.2010 Official Journal of the European Union L 218/5CRITICAL USES OF HALONS  
Application  Cut-off date 
(31 December 
of the stated 
year)  End date 
(31 December 
of the stated 
year)  Category of equipment or facility  Purpose  Type of 
extinguisher  Type of 
halon  
2. On military surface 
ships  2.1. For the protection of 
normally occupied machin- 
ery spaces  Fixed system  1301 
2402  2010  2040  
2.2. For the protection of 
normally unoccupied engine 
spaces  Fixed system  1301 
1211 
2402  2010  2035  
2.3. For the protection of 
normally unoccupied elec ­
trical compartments  Fixed system  1301 
1211  2010  2030  
2.4. For the protection of 
command centres  Fixed system  1301  2010  2030  
2.5. For the protection of fuel 
pump rooms  Fixed system  1301  2010  2030  
2.6. For the protection of 
flammable liquid storage 
compartments  Fixed system  1301 
1211 
2402  2010  2030  
2.7. For the protection of aircraft 
in hangars and maintenance 
areas  Portable 
extinguisher  1301 
1211  2010  2016  
3. On military subma- 
rines  3.1. For the protection of 
machinery spaces  Fixed system  1301  2010  2040  
3.2. For the protection of 
command centres  Fixed system  1301  2010  2040  
3.3. For the protection of diesel 
generator spaces  Fixed system  1301  2010  2040  
3.4. For the protection of elec ­
trical compartments  Fixed system  1301  2010  2040  
4. On aircraft  4.1. For the protection of 
normally unoccupied cargo 
compartments  Fixed system  1301 
1211 
2402  2018  2040  
4.2. For the protection of cabins 
and crew compartments  Portable 
extinguisher  1211 
2402  2014  2025  
4.3. For the protection of engine 
nacelles and auxiliary power 
units  Fixed system  1301 
1211 
2402  2014  2040EN L 218/6 Official Journal of the European Union 19.8.2010CRITICAL USES OF HALONS  
Application  Cut-off date 
(31 December 
of the stated 
year)  End date 
(31 December 
of the stated 
year)  Category of equipment or facility  Purpose  Type of 
extinguisher  Type of 
halon  
4.4. For the inerting of fuel tanks  Fixed system  1301 
2402  2011  2040  
4.5. For the protection of 
lavatory waste receptacles  Fixed system  1301 
1211 
2402  2011  2020  
4.6. For the protection of dry 
bays  Fixed system  1301 
1211 
2402  2011  2040  
5. In oil, gas and petro ­
chemicals facilities  5.1. For the protection of spaces 
where flammable liquid or 
gas could be released  Fixed system  1301 
2402  2010  2020  
6. On commercial cargo 
ships  6.1. For the inerting of normally 
occupied spaces where 
flammable liquid or gas 
could be released  Fixed system  1301 
2402  1994  2016  
7. In land-based com- 
mand and commu- 
nications facilities 
essential to national 
security  7.1. For the protection of 
normally occupied spaces  Fixed system  1301 
2402  2010  2025  
7.2. For the protection of 
normally occupied spaces  Portable 
extinguisher  1211  2010  2013  
7.3. For the protection of 
normally unoccupied spaces  Fixed system  1301 
2402  2010  2020  
8. At airfields and 
airports  8.1. For crash rescue vehicles  Portable 
extinguisher  1211  2010  2016  
8.2. For the protection of aircraft 
in hangars and maintenance 
areas  Portable 
extinguisher  1211  2010  2016  
9. In nuclear power and 
nuclear research 
facilities  9.1. For the protection of spaces 
where necessary to minimise 
risk of dispersion of radio ­
active matter  Fixed system  1301  2010  2020  
10. In the Channel Tunnel  10.1. For the protection of 
technical facilities  Fixed system  1301  2010  2016  
10.2. For the protection of power 
cars and shuttle wagons of 
Channel Tunnel trains  Fixed system  1301  2010  2020EN 19.8.2010 Official Journal of the European Union L 218/7CRITICAL USES OF HALONS  
Application  Cut-off date 
(31 December 
of the stated 
year)  End date 
(31 December 
of the stated 
year)  Category of equipment or facility  Purpose  Type of 
extinguisher  Type of 
halon  
11. Other  11.1. For initial extinguishing by 
fire brigades where essential 
to personal safety  Portable 
extinguisher  1211  2010  2013  
11.2. For the protection of 
persons by military and 
police personnel  Portable 
extinguisher  1211  2010  2013 ’EN L 218/8 Official Journal of the European Union 19.8.2010