EN    EN EN  
EN    EN  EUROPEAN COMMISSION 
Brussels,  
C(2009) xxxx 
Draft 
COMMISSION REGULATION (EU) No …/.. 
of […] 
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 
  
EN 2   EN Draft 
COMMISSION REGULATION (EU) No …/.. 
of [ … ] 
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 
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 substanc es that deplete the ozone layer
1, and in particular 
Article 13(2) thereof, 
Whereas: (1) Halon 1301, halon 1211 and ha lon 2402 (hereinafter referre d to as "halons") are 
ozone-depleting substances listed as controlled substances in Group III of Annex I to Regulation (EC) No 1005/2009. Th eir production in Member States has been banned 
since 1994, in line with the requirements of the Montreal Pr otocol. 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 f easible alternat ives or technologies  that are acceptable 
from the standpoint of environment and health (hereinafter referred to as 
"alternatives"). In the mean time, Regulation (EC) No 2037/2000 has been replaced by 
Regulation (EC) No 1005/2009, Annex V II to Regulation (EC) No 2037/2000 
becoming Annex VI to Regulation (E C) No 1005/2009, without any change. 
(3) The review has shown some discrepanc ies between Member States in the 
interpretation of which uses of  halons constitute critical us es as described in Annex VI 
to Regulation (EC) No 1005/2009. Each ha lon application should therefore be 
described in more detail, specifying the cat egory of equipment or  facility, the purpose 
of the application, the ty pe of halon extinguisher and the type of halon. 
                                                 
1 OJ L 286, 31.10.2009, p. 1. 
2 OJ L 244, 29.9.2000, p. 1.  
EN 3   EN (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. Howeve r, 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 
applications, whether incorporated in existi ng 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 applic ation, cut-off dates after which the use of 
halons for new equipment and new facilitie s would not be a critical use and the 
installation of a halon extingui sher or fire protection syst em 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' life cycle 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 extinguishers or  fire protection systems in all equipment and facilities, 
whether in existing equipment and existing faci lities 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 decommissi oned by the end date, in accordance with 
Article 13(3) of Regulation (EC) No 1005/2009. 
(8) The cut-off dates should take into account the availability of a lternatives 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 le vel, due account should be taken of 
initiatives by the International Civil Aviation Organisation (ICAO) concerning installation and use of halons fo r fire extinguishers on aircraft. 
(9) The end dates should, additionally, allow su fficient time for halon replacement or 
conversion activities to be co mpleted as part of routin e or planned equipment or 
facility maintenance or upgrade programmes , without unduly affecting the availability 
of the equipment or facilities concerned and without resulting in ex cessive 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 implemented duri ng development programmes now nearing 
completion and for which modifications ar e no longer technical ly and economically 
feasible. It is appropriate to set 2012 as the cut-off date fo r the aircraft engine nacelle  
EN 4   EN and cabin portable extinguish er applications, which woul d correspond to the time-
frame for the anticipated implementation of  an equivalent re striction through the 
ICAO. It is appropriate to set 2016 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, followi ng further research and development, 
alternatives will be available by that da te for installation in new aircraft being 
submitted for type certification. 
(11) For the majority of 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 repr esents. Those end dates should  allow sufficient time for 
completion of halon replacement programmes fo r most equipment and facilities where 
alternatives are now available.  It is appropriate to set 2025 as the end date for certain 
military ground vehicle, military ship and aircraft applications for which halon 
replacement is only technically and econo mically feasible as part of planned 
maintenance 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 milita ry surface ships, on existing military 
submarines, on existing military aircraft, and on  those that are, or  will be, produced to 
existing designs, alternatives ha ve not yet been identified. However, it can reasonably 
be expected that by 2035 a large part of the equipment concerned will have reached the end of its useful life or that alternativ es will be available by that date, following 
further research and development. It is  therefore appropriate to set 2035 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, alternativ es have also not yet been identified. 
Furthermore, a significant number of civil ai rcraft will continue to be produced with, 
and be reliant on, halons for those applicati ons for the foreseeabl e future. Whilst it is 
accepted that there are significant technica l, economic and regulatory constraints 
affecting the replacement of halons for thos e applications, it is also appropriate, in 
view of the uncertainty concerning the long-te rm availability of recycled halons and 
the need for additional research and development to identify and develop suitable alternatives, to set 2035 as  a reasonable end date. 
(14) Annex VI, including the time-frames for the ph asing out of the critical uses, will be 
kept under review to take account of c ontinued research and development of 
alternatives and of new information on thei r availability. Furthe rmore, 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 Regulati on are in accordance with the opinion of the 
Committee established by Article 25 (1) of Regulation (EC) No 1005/2009,  
EN 5   EN HAS 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 twentieth day following that of 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, 
 For the Commission 
    The President 
  
EN 6   EN ANNEX 
"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 proc urement or development contract; 
(b) submission of a request for type a pproval or type certification to the 
appropriate regul atory authority. 
(3) “New facilities” means fac ilities for which, by the cut-off date, neither of the following 
events has occurred: 
(a) signature of the releva nt 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 extinguish ers or fire protectio n systems containing 
halons shall be decommissioned. 
(5) “Inerting” means preventing the initiation of combustion of a fl ammable or explosive 
atmosphere by means of the addition of  an inhibiting or diluting agent. 
(6) “Cargo ship” means a ship th at is not a passenger ship, is  over 500 tons gr oss weight, and 
embarks on an international voyage, in accordan ce with the definition of those terms in the 
Safety of Life at Sea (SOLAS) Conventi on. The SOLAS Convention defines a “passenger 
ship” as “a ship that carries more than twelve  passengers” and an “international voyage” as “a 
voyage from a country to which the present Conv ention 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 occu pancy status of the protected space would be 
that applicable during a combat situation. 
(8) A "normally-unoccupied" space means a prot ected space that is occupied for limited 
periods only, in particular for undertaking main tenance, and where the continual presence of 
persons is not necessary for the effective functioning of the equipment or facility.  
EN 7   EN  
CRITICAL USES OF HALONS 
APPLICATION 
CATEGORY OF 
EQUIPMENT OR 
FACILITY PURPOSE 
 TYPE OF 
EXTINGUISHER TYPE 
OF 
HALON CUT-OFF 
DATE 
(31 December 
of the stated 
year) END DATE 
(31 December 
of the stated 
year) 
1.1 For the protection of engine 
compartments Fixed system 1301 
1211 
2402 2010  2025  
1.2 For the protection of crew 
compartments Fixed system 1301 
2402 2011  2025  1. On military 
ground vehicles 
1.3 For the protection of crew 
compartments  Portable 
extinguisher 1301 
1211 2011  2020  
2.1 For the protection of 
normally-occupied machinery 
spaces Fixed system 1301 
2402 2010  2035  
2.2 For the protection of 
normally-unoccupied engine 
spaces Fixed system 1301 
1211 
2402 2010  2025  
2.3 For the protection of 
normally-unoccupied 
electrical compartments Fixed system 1301 
1211 2010  2025  
2.4 For the protection of 
command centres  Fixed system 1301 2010  2025  
2.5 For the protection of fuel 
pump rooms Fixed system 1301 2010  2025  
2.6 For the protection of 
flammable liquid storage 
compartments Fixed system 1301 
1211 
2402 2010  2025  2. On military 
surface ships 
2.7 For the protection of aircraft 
in hangars and maintenance 
areas Portable 
extinguisher 1301 
1211 2010  2016 
3.1 For the protection of 
machinery spaces Fixed system 1301 2010  2035  
3.2 For the protection of 
command centres Fixed system 1301 2010  2035 
3.3 For the protection of diesel 
generator spaces Fixed system 1301 2010  2035 3. On military 
submarines 
3.4 For the protection of electrical 
compartments Fixed system 1301 2010  2035  
EN 8   EN CRITICAL USES OF HALONS 
APPLICATION 
CATEGORY OF 
EQUIPMENT OR 
FACILITY PURPOSE 
 TYPE OF 
EXTINGUISHER TYPE 
OF 
HALON CUT-OFF 
DATE 
(31 December 
of the stated 
year) END DATE 
(31 December 
of the stated 
year) 
4.1 For the protection of 
normally-unoccupied cargo 
compartments Fixed system 1301 
1211 2016  2035  
4.2 For the protection of cabins 
and crew compartments Portable 
extinguisher 1211 
2402 2012  2025  
4.3 For the protection of engine 
nacelles and auxiliary power 
units Fixed system 1301 
1211 
2402 2012  2035  
4.4 For the inerting of fuel tanks Fixed system 1301 2011  2035  
4.5 For the protection of lavatory 
waste receptacles  Fixed system 1301 
1211 2011  2020  4. On aircraft  
4.6 For the protection of dry bays Fixed system 1301 
1211 
2402 2011  2035  
5. In oil, gas and 
petrochemicals 
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 
7.1 For the protection of 
normally-occupied spaces  Fixed system 1301 
2402 2010  2020  
7.2 For the protection of 
normally-occupied spaces Portable 
extinguisher 1211 2010  2013 7. In land-based 
command and 
communications 
facilities 
essential to 
national 
security 7.3 For the protection of 
normally-unoccupied spaces Fixed system 1301 
2402 2010  2016  
8.1 For crash rescue vehicles Portable 
extinguisher 1211 2010  2013  8. At airfields and 
airports 
8.2 For the protection of aircraft 
in hangars and maintenance 
areas Portable 
extinguisher 1211 2010  2016   
EN 9   EN CRITICAL USES OF HALONS 
APPLICATION 
CATEGORY OF 
EQUIPMENT OR 
FACILITY PURPOSE 
 TYPE OF 
EXTINGUISHER TYPE 
OF 
HALON CUT-OFF 
DATE 
(31 December 
of the stated 
year) END DATE 
(31 December 
of the stated 
year) 
9. In nuclear 
power and 
nuclear 
research 
facilities 9.1 For the protection of spaces 
where necessary to minimise 
risk of dispersion of 
radioactive matter Fixed system 1301 2010  2020  
10.1 For the protection of 
underground technical facilities  Fixed system 1301 2010  2016  10. In the Channel 
Tunnel 
10.2 For the protection of power 
cars and shuttle wagons of 
Channel Tunnel trains Fixed system 1301 2010  2020 
11.1 For initial extinguishing by 
fire brigades where essential 
to personal safety  Portable 
extinguisher 1211 2010  2013  11. Other 
11.2 For the protection of persons 
by military and police 
personnel Portable 
extinguisher 1211 2010  2013 
 
"