# L_2005219EN.01004701.xml

| 24.8.2005 | EN | Official Journal of the European Union | L 219/47 |
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24.8.2005

EN

Official Journal of the European Union

L 219/47

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COMMISSION DECISION

of 23 August 2005

determining the quantities of methyl bromide permitted to be used for critical uses in the European Community from 1 January to 31 December 2005 pursuant to Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer

(notified under document number C(2005) 468)

(Only the Dutch, English, French, German, Greek, Italian, Polish, Portuguese and Spanish texts are authentic)

(2005/625/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (1), and in particular Article 3(2)(ii) thereof,

Whereas:

| (1) | Articles 3(2)(i)(d) and 4(2)(i)(d) of Regulation (EC) No 2037/2000 prohibit the production and import respectively of methyl bromide for all uses after 31 December 2004 except, among others, for critical uses in accordance with Article 3(2)(ii) and the criteria set out in Decision IX/6 of the Parties to the Montreal Protocol. Exemptions for critical uses are intended to be limited derogations to allow a short period of time for the adoption of alternatives. |
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(1)

Articles 3(2)(i)(d) and 4(2)(i)(d) of Regulation (EC) No 2037/2000 prohibit the production and import respectively of methyl bromide for all uses after 31 December 2004 except, among others, for critical uses in accordance with Article 3(2)(ii) and the criteria set out in Decision IX/6 of the Parties to the Montreal Protocol. Exemptions for critical uses are intended to be limited derogations to allow a short period of time for the adoption of alternatives.

| (2) | Decision IX/6 states that methyl bromide should qualify as ‘critical’ only if the applicant determines that the lack of availability of methyl bromide for that specific use would result in a significant market disruption; and that there are no technically and economically feasible alternatives or substitutes available to the user that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances of the nomination. Furthermore, the production and consumption, if any, of methyl bromide for critical uses should be permitted only if all technically and economically feasible steps have been taken to minimise the critical use and any associated emission of methyl bromide. An applicant should also demonstrate that an appropriate effort is being made to evaluate, commercialise and secure national regulatory approval of alternatives and substitutes; and that research programmes are in place to develop and deploy alternatives and substitutes. |
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(2)

Decision IX/6 states that methyl bromide should qualify as ‘critical’ only if the applicant determines that the lack of availability of methyl bromide for that specific use would result in a significant market disruption; and that there are no technically and economically feasible alternatives or substitutes available to the user that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances of the nomination. Furthermore, the production and consumption, if any, of methyl bromide for critical uses should be permitted only if all technically and economically feasible steps have been taken to minimise the critical use and any associated emission of methyl bromide. An applicant should also demonstrate that an appropriate effort is being made to evaluate, commercialise and secure national regulatory approval of alternatives and substitutes; and that research programmes are in place to develop and deploy alternatives and substitutes.

| (3) | The Commission received 84 proposals for critical uses of methyl bromide from 10 Member States including Belgium (60 825 kg), France (467 135 kg), Germany (45 250 kg), Greece (227 280 kg), Italy (2 298 225 kg), Poland (44 100 kg), Portugal (130 000 kg), Spain (1 059 000 kg), the Netherlands (120 kg) and the United Kingdom (140 408 kg). A total of 4 472 343 kg was requested, comprising 4 111 640 kg (92 %) for pre-harvest uses and 360 703 kg (8 %) for post-harvest uses of methyl bromide. |
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(3)

The Commission received 84 proposals for critical uses of methyl bromide from 10 Member States including Belgium (60 825 kg), France (467 135 kg), Germany (45 250 kg), Greece (227 280 kg), Italy (2 298 225 kg), Poland (44 100 kg), Portugal (130 000 kg), Spain (1 059 000 kg), the Netherlands (120 kg) and the United Kingdom (140 408 kg). A total of 4 472 343 kg was requested, comprising 4 111 640 kg (92 %) for pre-harvest uses and 360 703 kg (8 %) for post-harvest uses of methyl bromide.

| (4) | The Commission applied the criteria contained within Decision IX/6 and Article 3(2)(ii) of Regulation (EC) No 2037/2000 in order to determine the amount of methyl bromide that is eligible to be licensed for critical uses in 2005. The Commission found that adequate alternatives were available in the Community and had become more prevalent in many Parties to the Montreal Protocol in the period since the critical use proposals were compiled by Member States. As a result, the Commission determined that 2 777 333 kg of methyl bromide can be used in 2005 to satisfy critical uses in each of these Member States. This amount equates to 14,4 % of 1991 consumption of methyl bromide in the European Community and indicates that more than 85 % of the methyl bromide has been replaced by alternatives. The critical-use categories are similar to those defined in Annex II Table A of the reports of the First Extraordinary Meeting of the Parties to the Montreal Protocol (2), and in Table 1A of Decision XVI/2 at the Sixteenth Meeting of the Parties to the Montreal Protocol (3). |
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(4)

The Commission applied the criteria contained within Decision IX/6 and Article 3(2)(ii) of Regulation (EC) No 2037/2000 in order to determine the amount of methyl bromide that is eligible to be licensed for critical uses in 2005. The Commission found that adequate alternatives were available in the Community and had become more prevalent in many Parties to the Montreal Protocol in the period since the critical use proposals were compiled by Member States. As a result, the Commission determined that 2 777 333 kg of methyl bromide can be used in 2005 to satisfy critical uses in each of these Member States. This amount equates to 14,4 % of 1991 consumption of methyl bromide in the European Community and indicates that more than 85 % of the methyl bromide has been replaced by alternatives. The critical-use categories are similar to those defined in Annex II Table A of the reports of the First Extraordinary Meeting of the Parties to the Montreal Protocol (2), and in Table 1A of Decision XVI/2 at the Sixteenth Meeting of the Parties to the Montreal Protocol (3).

| (5) | Article 3(2)(ii) of Regulation (EC) No 2037/2000 requires the Commission to also determine which users may take advantage of the critical use exemption. As Article 17(2) of Regulation (EC) No 2037/2000 requires Member States to define the minimum qualification requirements for personnel involved in the application of methyl bromide, and as fumigation is the only use, the Commission determined that methyl bromide fumigators are the only users proposed by the Member State and authorised by the Commission to use methyl bromide for critical uses. Fumigators are qualified to apply it safely, rather than for example farmers or mill owners that are generally not qualified to apply methyl bromide but who own properties on which it will be applied. |
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(5)

Article 3(2)(ii) of Regulation (EC) No 2037/2000 requires the Commission to also determine which users may take advantage of the critical use exemption. As Article 17(2) of Regulation (EC) No 2037/2000 requires Member States to define the minimum qualification requirements for personnel involved in the application of methyl bromide, and as fumigation is the only use, the Commission determined that methyl bromide fumigators are the only users proposed by the Member State and authorised by the Commission to use methyl bromide for critical uses. Fumigators are qualified to apply it safely, rather than for example farmers or mill owners that are generally not qualified to apply methyl bromide but who own properties on which it will be applied.

| (6) | Decision IX/6 states that production and consumption of methyl bromide for critical uses should be permitted only if methyl bromide is not available from existing stocks of banked or recycled methyl bromide. Article 3(2)(ii) of Regulation (EC) No 2037/2000 states that production and importation of methyl bromide shall be allowed only if no recycled or reclaimed methyl bromide is available from any of the Parties. In accordance with Decision IX/6 and Article 3(2)(ii) of Regulation (EC) No 2037/2000, the Commission determined that 205 926 kg of stocks are available for critical uses. The European Commission has put in place licensing procedures to ensure stocks are used before methyl bromide is authorised for importation or production. |
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(6)

Decision IX/6 states that production and consumption of methyl bromide for critical uses should be permitted only if methyl bromide is not available from existing stocks of banked or recycled methyl bromide. Article 3(2)(ii) of Regulation (EC) No 2037/2000 states that production and importation of methyl bromide shall be allowed only if no recycled or reclaimed methyl bromide is available from any of the Parties. In accordance with Decision IX/6 and Article 3(2)(ii) of Regulation (EC) No 2037/2000, the Commission determined that 205 926 kg of stocks are available for critical uses. The European Commission has put in place licensing procedures to ensure stocks are used before methyl bromide is authorised for importation or production.

| (7) | As critical uses of methyl bromide apply from 1 January 2005, and for the purpose of ensuring that interested companies and operators may benefit from the licensing system, it is appropriate that this present decision shall apply from that date. |
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(7)

As critical uses of methyl bromide apply from 1 January 2005, and for the purpose of ensuring that interested companies and operators may benefit from the licensing system, it is appropriate that this present decision shall apply from that date.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Regulation (EC) No 2037/2000, |
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(8)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Regulation (EC) No 2037/2000,

HAS ADOPTED THIS DECISION:

Article 1

The Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Kingdom of The Netherlands, the Republic of Poland, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland shall be permitted to use a total of 2 777 333 kg of methyl bromide for critical uses from 1 January to 31 December 2005 for the specific quantities and categories of use described in Annexes I to X.

Article 2

Stocks declared available for critical uses by the competent authority of each Member State shall be deducted from the amount that can be imported or produced to satisfy critical uses in that Member State.

Article 3

This Decision is addressed to the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, Kingdom of the Netherlands, the Republic of Poland, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland.

Article 4

This Decision shall apply from 1 January 2005 and shall expire on 31 December 2005.

Done at Brussels, 23 August 2005.

For the Commission

Stavros DIMAS

Member of the Commission

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(1)  
  OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Commission Regulation (EC) No 2077/2004 (OJ L 359, 4.12.2004, p. 28).

1

(2)  UNEP/OzL.Pro.ExMP/1/3. First Extraordinary Meeting of the Parties to the Montreal Protocol, held 24-26 March 2004 in Montreal, Canada. www.unep.org/ozone/Meeting_Documents/mop/index.asp

2

(3)  UNEP/OzL.Pro.16/Dec XVI/2. Sixteenth Meeting of the Parties to the Montreal Protocol, held 22-26 November 2004 in Prague, Czech Republic. www.unep.org/ozone

3

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ANNEX I

KINGDOM OF BELGIUM

| Categories of permitted critical uses | Kg |
| --- | --- |
| Greenhouse soil-bound lettuce cultivation | 23 000 |
| Endive cultivation | 2 190 |
| Greenhouse soil-bound tomato cultivation | 4 846 |
| Greenhouse soil-bound pepper and eggplant cultivation | 3 000 |
| Greenhouse soil-bound cucumber cultivation | 549 |
| Open-field white asparagus cultivation | 225 |
| Strawberry runner cultivation | 2 306 |
| Berryfruit (all except strawberry, replant) | 1 350 |
| Open-field, soil-bound leek and onion seeding fields only | 660 |
| Cut-flowers protected (except rose and chrysanthemum) | 2 794 |
| Protected, cut-flower chrysanthemum cultivation | 896 |
| Open-field, soil-bound nursery stock cultivation | 630 |
| Open-field, soil-bound tree nursery | 230 |
| Flour mills (17 mills) | 4 264 |
| Immovable antique structures and furniture (Axel Vervoort; Gemeentebestuur Bonheiden) | 199 |
| Old buildings (classified monuments and private houses) | 438 |
| Structures and objects (churches, houses, food processing structures) excluding moveable objects | 307 |
| Old buildings (ancient objects, roof structures and fixed furniture in historical constructions — Prohygiena enterprise) | 282 |
| Woodworking premises (six premises) | 101 |
| Food processing premises (21 facilities) | 300 |
| Mills (25 mills) | 200 |
| Flour mill (Bloemmolens Diksmuide) | 72 |
| Food storage (dry), structure (17 facilities) | 120 |
| Sensitive electronic equipment | 50 |
| Empty silos (owned by 37 enterprises) | 43 |
| Food processing premises (one mill — Molens Vandenbempt) | 15 |
| Churches, monuments and ships’ quarters (Bugbusters) | 59 |
| Total | 49 126 |

Categories of permitted critical uses

Kg

Greenhouse soil-bound lettuce cultivation

23 000

Endive cultivation

2 190

Greenhouse soil-bound tomato cultivation

4 846

Greenhouse soil-bound pepper and eggplant cultivation

3 000

Greenhouse soil-bound cucumber cultivation

549

Open-field white asparagus cultivation

225

Strawberry runner cultivation

2 306

Berryfruit (all except strawberry, replant)

1 350

Open-field, soil-bound leek and onion seeding fields only

660

Cut-flowers protected (except rose and chrysanthemum)

2 794

Protected, cut-flower chrysanthemum cultivation

896

Open-field, soil-bound nursery stock cultivation

630

Open-field, soil-bound tree nursery

230

Flour mills (17 mills)

4 264

Immovable antique structures and furniture (Axel Vervoort; Gemeentebestuur Bonheiden)

199

Old buildings (classified monuments and private houses)

438

Structures and objects (churches, houses, food processing structures) excluding moveable objects

307

Old buildings (ancient objects, roof structures and fixed furniture in historical constructions — Prohygiena enterprise)

282

Woodworking premises (six premises)

101

Food processing premises (21 facilities)

300

Mills (25 mills)

200

Flour mill (Bloemmolens Diksmuide)

72

Food storage (dry), structure (17 facilities)

120

Sensitive electronic equipment

50

Empty silos (owned by 37 enterprises)

43

Food processing premises (one mill — Molens Vandenbempt)

15

Churches, monuments and ships’ quarters (Bugbusters)

59

Total

49 126

Stocks of methyl bromide available for critical uses in the Member State = 2 848 kg.

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ANNEX II

FRENCH REPUBLIC

| Categories of permitted critical uses | Kg |
| --- | --- |
| Tomato and eggplant (protected and open field) | 33 250 |
| Cucumber (protected and open field) | 21 140 |
| Specialist sandy-soil carrots (grown in Brittany, harvested by hand and susceptible to Fusarium solani and Rhizoctonia violacea) | 8 000 |
| Strawberry runners | 37 600 |
| Strawberry fruit produced for the Perigord label | 34 000 |
| Ranunculus, anemone, paeonia and lily-of-the-valley open-field | 21 785 |
| Replant in apple, pear, peach, nectarine, apricot, plum and raspberry | 10 000 |
| Forest tree nursery — Douglas fir trees for truffle production | 2 000 |
| Orchard nursery | 2 000 |
| Seeds sold by PLAN-SPG company | 135 |
| Mills | 21 440 |
| Rice end-of-line rapid disinfestation | 1 400 |
| Chestnuts | 2 000 |
| Total | 194 750 |

Categories of permitted critical uses

Kg

Tomato and eggplant (protected and open field)

33 250

Cucumber (protected and open field)

21 140

Specialist sandy-soil carrots (grown in Brittany, harvested by hand and susceptible to Fusarium solani and Rhizoctonia violacea)

8 000

Strawberry runners

37 600

Strawberry fruit produced for the Perigord label

34 000

Ranunculus, anemone, paeonia and lily-of-the-valley open-field

21 785

Replant in apple, pear, peach, nectarine, apricot, plum and raspberry

10 000

Forest tree nursery — Douglas fir trees for truffle production

2 000

Orchard nursery

2 000

Seeds sold by PLAN-SPG company

135

Mills

21 440

Rice end-of-line rapid disinfestation

1 400

Chestnuts

2 000

Total

194 750

Stocks of methyl bromide available for critical uses in the Member State = 14 280 kg.

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ANNEX III

FEDERAL REPUBLIC OF GERMANY

| Categories of permitted critical uses | Kg |
| --- | --- |
| Food processing structures, especially mills, with fumigation sites larger than 10 000  m3 | 19 350 |
| Artefacts (Disinfestation of Serpula lacrimans dry-rot fungus in churches) | 250 |
| Total | 19 600 |

Categories of permitted critical uses

Kg

Food processing structures, especially mills, with fumigation sites larger than 10 000  m3

19 350

Artefacts (Disinfestation of Serpula lacrimans dry-rot fungus in churches)

250

Total

19 600

Stocks of methyl bromide available for critical uses in the Member State = 7 000 kg.

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ANNEX IV

HELLENIC REPUBLIC

| Categories of permitted critical uses | Kg |
| --- | --- |
| Tomato (protected) | 92 000 |
| Cucumber (protected including tunnels added after treatment, permanent glasshouses and open-ended polyhouses) | 24 000 |
| Carnation, rose and gypsophila cut-flowers (open-field and protected) | 8 000 |
| Mills, food processing structures, processors | 16 000 |
| Raisin and dried figs | 3 081 |
| Total | 143 081 |

Categories of permitted critical uses

Kg

Tomato (protected)

92 000

Cucumber (protected including tunnels added after treatment, permanent glasshouses and open-ended polyhouses)

24 000

Carnation, rose and gypsophila cut-flowers (open-field and protected)

8 000

Mills, food processing structures, processors

16 000

Raisin and dried figs

3 081

Total

143 081

Stocks of methyl bromide available for critical uses in the Member State = 0 kg.

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ANNEX V

ITALIAN REPUBLIC

| Categories of permitted critical uses | Kg |
| --- | --- |
| Tomato (protected) | 671 000 |
| Cut-flowers (protected) | 162 000 |
| Strawberry fruit (protected) | 130 000 |
| Melon (protected) | 112 000 |
| Pepper (protected) | 111 000 |
| Eggplant (protected) | 96 000 |
| Strawberry runners | 78 000 |
| Mills and processors | 89 600 |
| Museum artefacts | 4 180 |
| Total | 1 453 780 |

Categories of permitted critical uses

Kg

Tomato (protected)

671 000

Cut-flowers (protected)

162 000

Strawberry fruit (protected)

130 000

Melon (protected)

112 000

Pepper (protected)

111 000

Eggplant (protected)

96 000

Strawberry runners

78 000

Mills and processors

89 600

Museum artefacts

4 180

Total

1 453 780

Stocks of methyl bromide available for critical uses in the Member State = 167 474 kg.

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ANNEX VI

REPUBLIC OF POLAND

| Categories of permitted critical uses | Kg |
| --- | --- |
| Medicinal herbs and dried mushrooms as dry commodities | 3 500 |
| Strawberry runners | 34 600 |
| Total | 38 100 |

Categories of permitted critical uses

Kg

Medicinal herbs and dried mushrooms as dry commodities

3 500

Strawberry runners

34 600

Total

38 100

Stocks of methyl bromide available for critical uses in the Member State = 210 kg.

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ANNEX VII

PORTUGUESE REPUBLIC

| Categories of permitted critical uses | Kg |
| --- | --- |
| Cut-flowers (protected and open-field) | 35 000 |
| Total | 35 000 |

Categories of permitted critical uses

Kg

Cut-flowers (protected and open-field)

35 000

Total

35 000

Stocks of methyl bromide available for this critical use in the Member State = 0 kg.

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ANNEX VIII

KINGDOM OF SPAIN

| Categories of permitted critical uses | Kg |
| --- | --- |
| Strawberry runners (in Castilla y León) | 230 000 |
| Strawberry fruit (protected, in Huelva) | 330 000 |
| Peppers (protected, in Murcia and south of Comunidad Valenciana) | 150 000 |
| Cut-flowers (protected, in Cadiz and Sevilla) | 47 700 |
| Cut-flowers in Cataluña | 18 000 |
| Total | 775 700 |

Categories of permitted critical uses

Kg

Strawberry runners (in Castilla y León)

230 000

Strawberry fruit (protected, in Huelva)

330 000

Peppers (protected, in Murcia and south of Comunidad Valenciana)

150 000

Cut-flowers (protected, in Cadiz and Sevilla)

47 700

Cut-flowers in Cataluña

18 000

Total

775 700

Stocks of methyl bromide available for critical uses in the Member State = 8 309 kg.

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ANNEX IX

KINGDOM OF THE NETHERLANDS

| Categories of permitted critical uses | Kg |
| --- | --- |
| Post-harvest disinfestation of strawberry runners | 120 |
| Total | 120 |

Categories of permitted critical uses

Kg

Post-harvest disinfestation of strawberry runners

120

Total

120

Stocks of methyl bromide available for this critical use in the Member State = 250 kg.

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ANNEX X

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

| Categories of permitted critical uses | Kg |
| --- | --- |
| Strawberry fruit and raspberry (open field) | 35 700 |
| Ornamental tree production for control of Verticillium wilt | 5 000 |
| Mills (46); and wheat, maize and rice buildings operated by Quaker Oats, Kelloggs, Weetabix Ltd, Ryecroft and EOM | 18 326 |
| Dried commodities (nuts, dried fruit, rice, beans, cereal grains, edible seeds) for Whitworths Ltd | 1 571 |
| Mill, associated biscuit food processing, finished product and storage areas operated by Ryvita Company Ltd (Dorset) | 1 787 |
| Structures — facilities and equipment, processing and storage operated by Whitworths Ltd | 880 |
| Structures — spices building operated by Newly Weds Foods Ltd | 1 125 |
| Processing plants operated by Warehouse and Spice Grinding Facility (Pataks Foods Ltd) | 1 000 |
| Processing plants associated with herbs and spices operated by British Pepper and Spice Ltd, Lion Foods, and East Anglian Food Ingredients | 1 080 |
| Specialised cheese stores | 1 561 |
| Occasionally-infested spice products (including pappadams) processed by McCormick (UK) Ltd, British Pepper and Spice Ltd, East Anglian Food Ingredients and Pataks Foods Ltd | 46 |
| Total | 68 076 |

Categories of permitted critical uses

Kg

Strawberry fruit and raspberry (open field)

35 700

Ornamental tree production for control of Verticillium wilt

5 000

Mills (46); and wheat, maize and rice buildings operated by Quaker Oats, Kelloggs, Weetabix Ltd, Ryecroft and EOM

18 326

Dried commodities (nuts, dried fruit, rice, beans, cereal grains, edible seeds) for Whitworths Ltd

1 571

Mill, associated biscuit food processing, finished product and storage areas operated by Ryvita Company Ltd (Dorset)

1 787

Structures — facilities and equipment, processing and storage operated by Whitworths Ltd

880

Structures — spices building operated by Newly Weds Foods Ltd

1 125

Processing plants operated by Warehouse and Spice Grinding Facility (Pataks Foods Ltd)

1 000

Processing plants associated with herbs and spices operated by British Pepper and Spice Ltd, Lion Foods, and East Anglian Food Ingredients

1 080

Specialised cheese stores

1 561

Occasionally-infested spice products (including pappadams) processed by McCormick (UK) Ltd, British Pepper and Spice Ltd, East Anglian Food Ingredients and Pataks Foods Ltd

46

Total

68 076

Stocks of methyl bromide available for critical uses in the Member State = 6 554 kg.

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