# L_2010170EN.01003501.xml

| 6.7.2010 | EN | Official Journal of the European Union | L 170/35 |
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6.7.2010

EN

Official Journal of the European Union

L 170/35

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COMMISSION DECISION

of 18 June 2010

on the allocation of quantities of controlled substances other than hydrochlorofluorocarbons allowed for essential or critical laboratory and analytical uses in the Union in 2010 under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer

(notified under document C(2010) 3850)

(Only the Dutch, English, Estonian, French, German, Italian and Spanish texts are authentic)

(2010/375/EU)

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 10(2) thereof,

Whereas:

| (1) | The Union has already phased out the production and consumption of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, hydrobromofluorocarbons and bromochloromethane for most uses. The Commission is required to determine essential laboratory and analytical uses for these controlled substances, the quantities that may be used and the companies that may use them. |
| --- | --- |

(1)

The Union has already phased out the production and consumption of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, hydrobromofluorocarbons and bromochloromethane for most uses. The Commission is required to determine essential laboratory and analytical uses for these controlled substances, the quantities that may be used and the companies that may use them.

| (2) | Decision XIX/18 of the Parties to the Montreal Protocol authorises the production and consumption necessary to satisfy essential laboratory and analytical uses of controlled substances listed in Annexes A, B and C (Group II and III substances) of the Montreal Protocol as listed in Annex IV to the report of the Seventh Meeting of the Parties, subject to the conditions set out in Annex II to the report of the Sixth Meeting of the Parties, as well as Decisions VI/9, VII/11, XI/15 XV/5, XVI/16 and XXI/16 of the Parties to the Montreal Protocol. |
| --- | --- |

(2)

Decision XIX/18 of the Parties to the Montreal Protocol authorises the production and consumption necessary to satisfy essential laboratory and analytical uses of controlled substances listed in Annexes A, B and C (Group II and III substances) of the Montreal Protocol as listed in Annex IV to the report of the Seventh Meeting of the Parties, subject to the conditions set out in Annex II to the report of the Sixth Meeting of the Parties, as well as Decisions VI/9, VII/11, XI/15 XV/5, XVI/16 and XXI/16 of the Parties to the Montreal Protocol.

| (3) | Decision XVII/10 of the Parties to the Montreal Protocol authorises the production and consumption of methyl bromide, listed in Annex E of the Montreal Protocol, necessary to satisfy laboratory and analytical critical uses of methyl bromide. |
| --- | --- |

(3)

Decision XVII/10 of the Parties to the Montreal Protocol authorises the production and consumption of methyl bromide, listed in Annex E of the Montreal Protocol, necessary to satisfy laboratory and analytical critical uses of methyl bromide.

| (4) | Under the Montreal Protocol global laboratory and analytical-use exemption is subject to periodic review and has last been extended by Decision XXI/6 until 31 December 2014. |
| --- | --- |

(4)

Under the Montreal Protocol global laboratory and analytical-use exemption is subject to periodic review and has last been extended by Decision XXI/6 until 31 December 2014.

| (5) | Decision VI/25 specifies that a use can only be considered as essential if there are no available technically and economically feasible alternatives or substitutes that are acceptable from the standpoint of environment and health. An Annex listing those uses for which the Parties of the Montreal Protocol consider alternatives to be available should be established. This Annex should also contain the positive list of permitted essential uses of methyl bromide, as agreed by the Parties in Decision XVIII/15. |
| --- | --- |

(5)

Decision VI/25 specifies that a use can only be considered as essential if there are no available technically and economically feasible alternatives or substitutes that are acceptable from the standpoint of environment and health. An Annex listing those uses for which the Parties of the Montreal Protocol consider alternatives to be available should be established. This Annex should also contain the positive list of permitted essential uses of methyl bromide, as agreed by the Parties in Decision XVIII/15.

| (6) | The Commission has published a notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2010 and undertakings intending to request for 2010 a quota for these substances intended for laboratory and analytical uses (2) and has received declarations on intended essential laboratory and analytical uses of controlled substances for 2009. |
| --- | --- |

(6)

The Commission has published a notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2010 and undertakings intending to request for 2010 a quota for these substances intended for laboratory and analytical uses (2) and has received declarations on intended essential laboratory and analytical uses of controlled substances for 2009.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Management Committee established by Article 25(1) of Regulation (EC) No 1005/2009, |
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(7)

The measures provided for in this Decision are in accordance with the opinion of the Management Committee established by Article 25(1) of Regulation (EC) No 1005/2009,

HAS ADOPTED THIS DECISION:

Article 1

The production and import of controlled substances other than hydrochlorofluorocarbons may be permitted for any essential laboratory and analytical use specified in Annex I.

Article 2

The quantity of controlled substances other than hydrochlorofluorocarbons subject to Regulation (EC) No 1005/2009 which may be produced or imported for essential laboratory and analytical uses in the Union in 2010 shall be 63 843,371 ODP kilograms.

Article 3

The allocation of essential laboratory and analytical use quotas for controlled substances other than hydrochlorofluorocarbons for the year 2010 shall be to the undertakings indicated in Annex II. The maximum quantities that may be produced or imported in 2010 for laboratory and analytical uses allocated to these undertakings shall be set out in Annex III.

Article 4

This Decision shall apply from 1 January 2010 and shall expire on 31 December 2010.

Article 5

This Decision is addressed to the following undertakings:

| | Acros Organics BVBA |
| --- | --- |
| Janssen Pharmaceuticalaan 3a |
| 2440 Geel |
| BELGIUM |

Acros Organics BVBA

Janssen Pharmaceuticalaan 3a

2440 Geel

BELGIUM

| | Estonian Environmental Research Centre |
| --- | --- |
| Marja 4D |
| 10617 Tallinn |
| ESTONIA |

Estonian Environmental Research Centre

Marja 4D

10617 Tallinn

ESTONIA

| | Honeywell Specialty Chemicals GmbH |
| --- | --- |
| Wunstorfer Strasse 40 |
| Postfach 100262 |
| 30918 Seelze |
| GERMANY |

Honeywell Specialty Chemicals GmbH

Wunstorfer Strasse 40

Postfach 100262

30918 Seelze

GERMANY

| | LGC Standards GmbH |
| --- | --- |
| Mercatorstr. 51 |
| 46485 Wesel |
| GERMANY |

LGC Standards GmbH

Mercatorstr. 51

46485 Wesel

GERMANY

| | Ministry of Defence |
| --- | --- |
| Defence Fuel Lubricants and Chemicals |
| PO Box 10.000 |
| 1780 CA Den Helder |
| NETHERLANDS |

Ministry of Defence

Defence Fuel Lubricants and Chemicals

PO Box 10.000

1780 CA Den Helder

NETHERLANDS

| | Sicor SPA |
| --- | --- |
| Via Terazzano 77 |
| 20017 Rho (MI) |
| ITALY |

Sicor SPA

Via Terazzano 77

20017 Rho (MI)

ITALY

| | Sigma Aldrich Company Ltd |
| --- | --- |
| The Old Brickyard, New Road |
| Gillingham SP8 4XT |
| UNITED KINGDOM |

Sigma Aldrich Company Ltd

The Old Brickyard, New Road

Gillingham SP8 4XT

UNITED KINGDOM

| | Sigma Aldrich Logistik GmbH |
| --- | --- |
| Riedstrasse 2 |
| 89555 Steinheim |
| GERMANY |

Sigma Aldrich Logistik GmbH

Riedstrasse 2

89555 Steinheim

GERMANY

| | VWR International SAS |
| --- | --- |
| 201 rue Carnot |
| 94126 Fontenay-sous-Bois |
| FRANCE |

VWR International SAS

201 rue Carnot

94126 Fontenay-sous-Bois

FRANCE

| | Airbus SAS |
| --- | --- |
| Route de Bayonne 316 |
| 31300 Toulouse |
| FRANCE |

Airbus SAS

Route de Bayonne 316

31300 Toulouse

FRANCE

| | Harp International Ltd |
| --- | --- |
| Gellihirion Industrial Estate, Rhondda, Cynon Taff, |
| Pontypridd CF37 5SX |
| UNITED KINGDOM |

Harp International Ltd

Gellihirion Industrial Estate, Rhondda, Cynon Taff,

Pontypridd CF37 5SX

UNITED KINGDOM

| | Ineos Fluor Ltd |
| --- | --- |
| PO Box 13, The Heath |
| Runcorn Cheshire WA7 4QF |
| UNITED KINGDOM |

Ineos Fluor Ltd

PO Box 13, The Heath

Runcorn Cheshire WA7 4QF

UNITED KINGDOM

| | Merck KGaA |
| --- | --- |
| Frankfurter Strasse 250 |
| 64271 Darmstadt |
| GERMANY |

Merck KGaA

Frankfurter Strasse 250

64271 Darmstadt

GERMANY

| | Panreac Quimica SA |
| --- | --- |
| Pol. Ind. Pla de la Bruguera, C/Garraf 2 |
| 08211 Castellar del Vallès-Barcelona |
| SPAIN |

Panreac Quimica SA

Pol. Ind. Pla de la Bruguera, C/Garraf 2

08211 Castellar del Vallès-Barcelona

SPAIN

| | Sigma Aldrich Chimie SARL |
| --- | --- |
| 80, rue de Luzais |
| L’Isle d’Abeau Chesnes |
| 38297 St Quentin Fallavier |
| FRANCE |

Sigma Aldrich Chimie SARL

80, rue de Luzais

L’Isle d’Abeau Chesnes

38297 St Quentin Fallavier

FRANCE

| | Sigma Aldrich Laborchemikalien GmbH |
| --- | --- |
| Wunstorfer Strasse 40 |
| Postfach 100262 |
| 30918 Seelze |
| GERMANY |

Sigma Aldrich Laborchemikalien GmbH

Wunstorfer Strasse 40

Postfach 100262

30918 Seelze

GERMANY

| | Tazzetti Fluids SRL |
| --- | --- |
| Corso Europa n. 600/a |
| Volpiano (TO) |
| ITALY |

Tazzetti Fluids SRL

Corso Europa n. 600/a

Volpiano (TO)

ITALY

Done at Brussels, 18 June 2010.

For the Commission

Connie HEDEGAARD

Member of the Commission

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(1)  
  OJ L 286, 31.10.2009, p. 1.

1

(2)  
  OJ C 132, 11.6.2009, p. 19.

2

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ANNEX I

Essential laboratory and analytical uses of controlled substances other than hydrochlorofluorocarbons

| 1. | Controlled substances of Group I (chlorofluorocarbons 11, 12, 113, 114 and 115), Group II (other fully halogenated chlorofluorocarbons), Group III (halons), Group IV (carbon tetrachloride), Group V (1,1,1-trichloroethane), Group VII (hydrobromofluorocarbons) and Group IX (bromochloromethane) may be permitted for all laboratory and analytical uses with the exception of the following:






  (a) | testing of oil, grease and total petroleum hydrocarbons in water; |
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1.

(a)

testing of oil, grease and total petroleum hydrocarbons in water;

| (b) | testing of tar in road-paving materials; |
| --- | --- |

(b)

testing of tar in road-paving materials;

| (c) | forensic finger-printing; |
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(c)

forensic finger-printing;

| (d) | testing of organic matter in coal; |
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(d)

testing of organic matter in coal;

| (e) | any use for which a technically and economically feasible alternative is available. |
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(e)

any use for which a technically and economically feasible alternative is available.

| 2. | Methyl bromide (Group VI) may be permitted for the following essential laboratory and analytical uses:






  (a) | as a reference or standard to calibrate equipment which uses methyl bromide, to monitor methyl bromide emission levels or to determine methyl bromide residue levels in goods, plants and commodities; |
| --- | --- | --- |

2.

(a)

as a reference or standard to calibrate equipment which uses methyl bromide, to monitor methyl bromide emission levels or to determine methyl bromide residue levels in goods, plants and commodities;

| (b) | in laboratory toxicological studies; |
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(b)

in laboratory toxicological studies;

| (c) | to compare the efficacy of methyl bromide and its alternatives inside a laboratory; |
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(c)

to compare the efficacy of methyl bromide and its alternatives inside a laboratory;

| (d) | as a laboratory agent which is destroyed in a chemical reaction in the manner of feedstock. |
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(d)

as a laboratory agent which is destroyed in a chemical reaction in the manner of feedstock.

| 3. | Following uses are not considered as essential laboratory and analytical uses:






  (a) | refrigeration and air-conditioning equipment used in laboratories, including refrigerated laboratory equipment such as ultra-centrifuges; |
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3.

(a)

refrigeration and air-conditioning equipment used in laboratories, including refrigerated laboratory equipment such as ultra-centrifuges;

| (b) | cleaning, reworking, repair, or rebuilding of electronic components or assemblies; |
| --- | --- |

(b)

cleaning, reworking, repair, or rebuilding of electronic components or assemblies;

| (c) | preservation of publications and archives; |
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(c)

preservation of publications and archives;

| (d) | sterilisation of materials in a laboratory. |
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(d)

sterilisation of materials in a laboratory.

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ANNEX II

Undertakings entitled to produce or import for essential laboratory and analytical uses

Quota entitling to produce or import controlled substances other than hydrochlorofluorocarbons, which may be used for essential laboratory and analytical uses, are allocated to:

| Company | Acros Organics (BE) |
| --- | --- |

Company

Acros Organics (BE)

| | Airbus France (FR) |
| --- | --- |

Airbus France (FR)

| | Estonian Environmental Research Centre (EE) |
| --- | --- |

Estonian Environmental Research Centre (EE)

| | Harp International (UK) |
| --- | --- |

Harp International (UK)

| | Honeywell Specialty Chemicals (FR) |
| --- | --- |

Honeywell Specialty Chemicals (FR)

| | Ineos Fluor (UK) |
| --- | --- |

Ineos Fluor (UK)

| | LGC Standards (DE) |
| --- | --- |

LGC Standards (DE)

| | Merck KGaA (DE) |
| --- | --- |

Merck KGaA (DE)

| | Ministry of Defence (NL) |
| --- | --- |

Ministry of Defence (NL)

| | Panreac Quimica (ES) |
| --- | --- |

Panreac Quimica (ES)

| | Sicor (IT) |
| --- | --- |

Sicor (IT)

| | Sigma Aldrich Chimie (FR) |
| --- | --- |

Sigma Aldrich Chimie (FR)

| | Sigma Aldrich Company (UK) |
| --- | --- |

Sigma Aldrich Company (UK)

| | Sigma Aldrich Laborchemikalien (DE) |
| --- | --- |

Sigma Aldrich Laborchemikalien (DE)

| | Sigma Aldrich Logistik (DE) |
| --- | --- |

Sigma Aldrich Logistik (DE)

| | Tazzetti Fluids (IT) |
| --- | --- |

Tazzetti Fluids (IT)

| | VWR I S A S (FR) |
| --- | --- |

VWR I S A S (FR)

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ANNEX III

(This Annex is not published because it contains confidential commercial information.)

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