. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/EEC/232 
12 November 2008  
 (08-5506) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Member to Agreement notifying:  EUROPEAN COMMUNITIES
  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  European Commission 
Name and address (including telephone and fax numbers, email and web-site 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :  
European Commission 
EC-TBT Enquiry Point Fax:  +(32) 2 299 80 43 E-mail:  ec-tbt@ec.europa.eu Website: http://ec.europa.eu/enterprise/tbt/
  
3. Notified under Article 2.9.2 [ X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], Other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):   
- Ozone depleting substances (ODS), in particul ar those covered by the Montreal Protocol on 
substances that deplete the ozone layer (listed in Annex I of the Proposal) and others (listed in 
Annex II); and  - Products and equipment containing or  relying on those substances.     
5. Title, number of pages and language(s) of the notified document:  Proposal for a 
Regulation of the European Parliament and of  the Council on substances that deplete the 
ozone layer (Recast) (COM( 2008) 505) (94 pages, in English and French).  
6. Description of content:  The proposal consolidates all su ccessive changes to Regulation 
(EC) No 2037/2000 on substances that deplete the ozone layer and contains the following 
main changes to the current legislation:  
- Removing obsolete provisions and associated procedures for achieved phase-out steps, for 
essential and critical uses of ODS, and str eamlining reporting obligatio ns where possible in 
view of the obligations stemming from the Protocol.  
- Bringing forward the phase-out date for pr oduction of HCFCs from 2025 to 2020 to align 
the Regulation with the recent Decision XIX/6 of the Parties to the Montreal Protocol on 
substances that deplete the ozone layer to acce lerate the phase-out of HCFCs, and introducing 
measured amendments to facilitate the enfo rcement, notably by customs authorities, to 
prevent illegal trade and use of ODS in the EU.  G/TBT/N/EEC/232 
Page 2  
 
  - Addressing future challenges in particular by allowing for a tightening of provisions on 
recovery and destruction of OD S contained in products and e quipment, to tackle the ODS 
banks; requiring the listing of new ODS in th e Regulation and the reporting of volumes 
produced and imported; lowering the existing cap on the use of methyl bromide for quarantine and pre-shipment purposes and comp leting a full phase-out in the EU by 2015 
whilst in the meanwhile making the use of recapture technologies mandatory. 
7. Objective and rationale, including the nature of urgent problems where applicable:   
The main objectives of this revision are: 
- to simplify and recast Regulation (EC) No 2037/2000 whilst at the sa me time reducing any 
unnecessary administrative burden;  
- to ensure compliance with the Montre al Protocol as adjusted in 2007; and  
- to address future challenges to ensure the timely recovery of the ozone layer and to avoid 
adverse impacts on human health and ecosystems.  
8. Relevant documents:    
Regulation (EC) No 2037/2000 
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ :L:2000:244:0001:0024:EN:PDF  
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ:L:2000:244:0001:0024:FR:PDF  
Communication from the Commission to the Council, the European Parliament, the 
Economic and Social Committee a nd the Committee of the Regions.
- Completing the phase-out of substances that deplete the ozone layer - Better regulation 
building on 20 years of success. 
http://ec.europa.eu/environment/ozone/pdf/com_505_en.pdf  
http://ec.europa.eu/environment/ozone/pdf/com_505_fr.pdf  
9. Proposed date of adoption:   
Proposed date of entry into force:    To be determined 
1 January 2010  
10. Final date for comments:  90 days from date of notification. 
11. Text available from: National enquiry point [  ], or addre ss, telephone and fax numbers, 
e-mail and web-site addresses, if available of the other body:     
European Commission 
EC-TBT Enquiry Point 
Fax:  + (32) 2 299 80 43 
E-mail:  ec-tbt@ec.europa.eu  
The text is available on the EC-TBT Website :  http://ec.europa.eu/enterprise/tbt/   and at 
http://ec.europa.eu/environment/ozone/pdf/sec_2366_en.pdf  
http://ec.europa.eu/environment/ozone/pdf/sec_2366_fr.pdf  
And at: http://members.wto.org/crna ttachments/2008/tbt/eec/08_3584_00_e.pdf