# C_2009132EN.01001901.xml

| 11.6.2009 | EN | Official Journal of the European Union | C 132/19 |
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11.6.2009

EN

Official Journal of the European Union

C 132/19

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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

2009/C 132/12

The Commission herewith also gives advanced notice that the Regulation is currently being revised and that a new regulation is expected to be applicable as of 1 January 2010. Therefore, the present Notice is based on the provisions of the new Regulation. Further information on changes to the licensing regime for ozone depleting substances will be made available on: http://ec.europa.eu/environment/ozone/ods.htm

The Commission herewith also gives advanced notice that the Regulation is currently being revised and that a new regulation is expected to be applicable as of 1 January 2010. Therefore, the present Notice is based on the provisions of the new Regulation. Further information on changes to the licensing regime for ozone depleting substances will be made available on: http://ec.europa.eu/environment/ozone/ods.htm

| I. | This Notice is addressed to undertakings that will be covered by the Regulation recasting Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer (1) (the Regulation) and that intend to import or export to or from the European Community any of the following substances covered by the Regulation during the period 1 January 2010 to 31 December 2010:







  Group I | : | CFC 11, 12, 113, 114 or 115 |
| --- | --- | --- | --- |
| Group II | : | other fully halogenated CFCs |
| Group III | : | halon 1211, 1301 or 2402 |
| Group IV | : | carbon tetrachloride |
| Group V | : | 1,1,1 trichloroethane |
| Group VI | : | methyl bromide |
| Group VII | : | hydrobromofluorocarbons |
| Group VIII | : | hydrochlorofluorocarbons |
| Group IX | : | bromochloromethane |

I.

This Notice is addressed to undertakings that will be covered by the Regulation recasting Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer (1) (the Regulation) and that intend to import or export to or from the European Community any of the following substances covered by the Regulation during the period 1 January 2010 to 31 December 2010:

1

import

export

Group I

:

CFC 11, 12, 113, 114 or 115

Group II

:

other fully halogenated CFCs

Group III

:

halon 1211, 1301 or 2402

Group IV

:

carbon tetrachloride

Group V

:

1,1,1 trichloroethane

Group VI

:

methyl bromide

Group VII

:

hydrobromofluorocarbons

Group VIII

:

hydrochlorofluorocarbons

Group IX

:

bromochloromethane

Dibromodifluoromethane (halon-1202).

| II. | As a general rule, the import and export of substances referred to under point I. is prohibited, except for specific cases foreseen by the Regulation. |
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II.

As a general rule, the import and export of substances referred to under point I. is prohibited, except for specific cases foreseen by the Regulation.

| III. | Any import or export of substances exempted from the general import or export ban requires a licence by the Commission, except in cases of transit, temporary storage, customs-warehousing or free zone procedure as referred to in Regulation (EC) No 450/2008, lasting not longer than 45 days. Also the import or export of Dibromodifluoromethane is exempted from the licensing requirement. |
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III.

Any import or export of substances exempted from the general import or export ban requires a licence by the Commission, except in cases of transit, temporary storage, customs-warehousing or free zone procedure as referred to in Regulation (EC) No 450/2008, lasting not longer than 45 days. Also the import or export of Dibromodifluoromethane is exempted from the licensing requirement.

| IV. | Any undertaking that wishes to import or export controlled substances in 2010 and that has not requested an import licence or export authorisation in the previous years, needs to notify the Commission by submitting no later than 1 July 2009 the registration form available online at: http://ec.europa.eu/environment/ozone/ods.htm Following the registration, undertakings need to follow the procedure described in paragraph V. |
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IV.

Any undertaking that wishes to import or export controlled substances in 2010 and that has not requested an import licence or export authorisation in the previous years, needs to notify the Commission by submitting no later than 1 July 2009 the registration form available online at: http://ec.europa.eu/environment/ozone/ods.htm Following the registration, undertakings need to follow the procedure described in paragraph V.

1 July 2009

| V. | Undertakings that requested an import licence or an export authorisation in previous years should complete and submit the relevant declaration form available online via the ODS-database (http://ec.europa.eu/environment/ozone/ods.htm).
  In the case of import declarations, a duly signed copy of the final declaration needs to be sent to the Commission after completion of the online declaration process:





  European Commission |
| --- | --- |
| Directorate-General Environment |
| Unit ENV.C.4 — Industrial emissions and protection of the ozone layer |
| BU-1 2/147 |
| B-1049 Brussels |
| Fax +32 2 2920692 |
| E-mail: env-ods@ec.europa.eu |

V.

Undertakings that requested an import licence or an export authorisation in previous years should complete and submit the relevant declaration form available online via the ODS-database (http://ec.europa.eu/environment/ozone/ods.htm).

In the case of import declarations, a duly signed copy of the final declaration needs to be sent to the Commission after completion of the online declaration process:

European Commission

Directorate-General Environment

Unit ENV.C.4 — Industrial emissions and protection of the ozone layer

BU-1 2/147

B-1049 Brussels

Fax +32 2 2920692

E-mail: env-ods@ec.europa.eu

The Commission encourages the submission of duly signed copies by e-mail. A copy of the declaration should also be sent to the competent authority of the Member State (a list of contact points in all Member States is available online at http://ec.europa.eu/environment/ozone/ods_export.htm).

| VI. | The declaration forms in the ODS-database will be available as of 1 June 2009. |
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VI.

The declaration forms in the ODS-database will be available as of 1 June 2009.

| VII. | Only duly completed declaration forms (in case of import declarations: the signed copies) that are free of errors received by 31 July 2009 will be considered as valid by the Commission.
  Undertakings are encouraged to submit their declaration as soon as possible and sufficiently ahead of the deadline to allow for corrections within the declaration period. |
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VII.

Only duly completed declaration forms (in case of import declarations: the signed copies) that are free of errors received by 31 July 2009 will be considered as valid by the Commission.

31 July 2009

Undertakings are encouraged to submit their declaration as soon as possible and sufficiently ahead of the deadline to allow for corrections within the declaration period.

| VIII. | The submission of a declaration by itself does not give any right to perform imports or exports. |
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VIII.

The submission of a declaration by itself does not give any right to perform imports or exports.

| IX. | Before an import or export, subject to licensing (see point III.), takes place in 2010, undertakings must have submitted a corresponding declaration and must apply for a licence by the Commission using the online application form available in the online ODS database. |
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IX.

Before an import or export, subject to licensing (see point III.), takes place in 2010, undertakings must have submitted a corresponding declaration and must apply for a licence by the Commission using the online application form available in the online ODS database.

| X. | To verify the nature of the substance and the purpose of the import or export as described by the undertaking in the licence request, the Commission may ask the applicant to submit additional information. |
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X.

To verify the nature of the substance and the purpose of the import or export as described by the undertaking in the licence request, the Commission may ask the applicant to submit additional information.

| XI. | A licence will be issued if the Commission is satisfied that the request is in accordance with the declaration and in conformity with the legal requirements. The applicant will be informed by e-mail about the acceptance of the licence request. The Commission reserves the right to withhold an export licence when the substance to be exported is not as described or may not be used for the purposes requested or cannot be exported in compliance with the Regulation.
  The Commission may reject a request for a licence, when the competent authorities of the importing country have informed the Commission that the import of the controlled substance would adversely impact on the implementation of control measures of the importing country in place to comply with its obligations under the Protocol or would lead to an excess of the quantitative limits under the Protocol for that country. |
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XI.

A licence will be issued if the Commission is satisfied that the request is in accordance with the declaration and in conformity with the legal requirements. The applicant will be informed by e-mail about the acceptance of the licence request. The Commission reserves the right to withhold an export licence when the substance to be exported is not as described or may not be used for the purposes requested or cannot be exported in compliance with the Regulation.

The Commission may reject a request for a licence, when the competent authorities of the importing country have informed the Commission that the import of the controlled substance would adversely impact on the implementation of control measures of the importing country in place to comply with its obligations under the Protocol or would lead to an excess of the quantitative limits under the Protocol for that country.

| XII. | Imports for free circulation in the Community are subject to quantitative limits, determined by the Commission on the basis of the import declarations for controlled substances for the following uses:






  (a) | laboratory and analytical uses (subject to a production/import quota and quantitative limitation; see point XV. below), |
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XII.

Imports for free circulation in the Community are subject to quantitative limits, determined by the Commission on the basis of the import declarations for controlled substances for the following uses:

(a)

laboratory and analytical uses (subject to a production/import quota and quantitative limitation; see point XV. below),

| (b) | critical uses (halons), |
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(b)

critical uses (halons),

| (c) | feedstock uses, |
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(c)

feedstock uses,

| (d) | process agent uses. |
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(d)

process agent uses.

| XIII. | Export requirements will be subject to changes as of 1.1.2010, including in the following areas:






  (a) | exports for basic domestic needs will no longer be possible as this regime ends under the Montreal Protocol, |
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XIII.

Export requirements will be subject to changes as of 1.1.2010, including in the following areas:

(a)

exports for basic domestic needs will no longer be possible as this regime ends under the Montreal Protocol,

| (b) | exports of controlled substances (except those in group VIII) for laboratory uses to countries operating under Article 5 of the Montreal Protocol, currently fall under the basic domestic need regime of the Montreal Protocol, ending 31 December 2009. Pending a decision by the Parties at their forthcoming Meetings, those exports should - at present - be declared as ‘laboratory or analytical use’. Due to possibly necessary adaptations of the licensing system, the issuing those export licences might be delayed in early 2010. |
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(b)

exports of controlled substances (except those in group VIII) for laboratory uses to countries operating under Article 5 of the Montreal Protocol, currently fall under the basic domestic need regime of the Montreal Protocol, ending 31 December 2009. Pending a decision by the Parties at their forthcoming Meetings, those exports should - at present - be declared as ‘laboratory or analytical use’. Due to possibly necessary adaptations of the licensing system, the issuing those export licences might be delayed in early 2010.

| (c) | all export licences will become subject to licensing per shipment. |
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(c)

all export licences will become subject to licensing per shipment.

| XIV. | Requests for 2010 quota for substances referred to under point I for laboratory and analytical uses.
  The conditions for production, import and placing on the market of ODS for laboratory and analytical uses will change under the new Regulation and will now also apply to hydrochlorofluorocarbons intended for those uses. The quota allocated to producers and importers, or to suppliers of those substances purchasing from and producers and importers, will be subject to quantitative limits.
  It is expected that the declaration procedure will not substantially change compared to previous years.

  The final declaration and allocation procedure, however, is currently being established. Undertakings are therefore requested to check regularly for updated information on: http://ec.europa.eu/environment/ozone/ods.htm |
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XIV.

Requests for 2010 quota for substances referred to under point I for laboratory and analytical uses.

The conditions for production, import and placing on the market of ODS for laboratory and analytical uses will change under the new Regulation and will now also apply to hydrochlorofluorocarbons intended for those uses. The quota allocated to producers and importers, or to suppliers of those substances purchasing from and producers and importers, will be subject to quantitative limits.

hydrochlorofluorocarbons

It is expected that the declaration procedure will not substantially change compared to previous years.

The final declaration and allocation procedure, however, is currently being established. Undertakings are therefore requested to check regularly for updated information on: http://ec.europa.eu/environment/ozone/ods.htm

The final declaration and allocation procedure, however, is currently being established. Undertakings are therefore requested to check regularly for updated information on: http://ec.europa.eu/environment/ozone/ods.htm

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(1)  Formal adoption foreseen by mid 2009.

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