2000R2037 — EN — 10.03.2004 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION (EC) No 2037/2000 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL
of29June2000
onsubstancesthatdepletetheozonelayer
(OJ L 244, 29.9.2000, p. 1)
Amended by:
Official Journal
No page date
►M1Regulation (EC) No 2038/2000 of the European Parliament and of the
Council of 28 September 2000L 244 25 29.9.2000
►M2Regulation (EC) No 2039/2000 of the European Parliament and of the
Council of 28 September 2000L 244 26 29.9.2000
►M3Commission Decision 2003/160/EC of 7 March2003 L 65 29 8.3.2003
►M4Regulation (EC) No 1804/2003 of the European Parliament and of the
Council of 22 September 2003L 265 1 16.10.2003
►M5Commission Decision 2004/232/EC of 3 March2004 L 71 28 10.3.2004
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REGULATION (EC) No 2037/2000 OF THE EUROPEAN
PARLIAMENTANDOFTHECOUNCIL
of29June2000
onsubstancesthatdepletetheozonelayer
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 175(1) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social
Committee (2),
After consulting the Committee of the Regions,Acting in accordance withth e procedure laid down in Article 251 of
the Treaty (
3), in the light of the joint text approved on 5 May 2000
by the Conciliation Committee,
Whereas:
(1)It is established that continued emissions of ozone-depleting
substances at current levels continue to cause significant damageto the ozone layer. Ozone depletion in the southern hemispherereached unprecedented levels in 1998. In three out of four recentsprings severe ozone depletion has occurred in the Arctic region.
Increased UV-B radiation resulting from ozone depletion poses a
significant threat to health and environment. Further efficientmeasures need therefore to be taken in order to protect humanhealth and the environment against adverse effects resultingfrom suchemissions.
(2)In view of its responsibilities for the environment and trade, theCommunity, pursuant to Decision 88/540/EEC (
4), has become a
Party to the Vienna Convention for the Protection of the OzoneLayer and the Montreal Protocol on Substances that Deplete theOzone Layer, as amended by the Parties to the Protocol at theirsecond meeting in London and at their fourth meeting in Copen-
hagen.
(3)Additional measures for the protection of the ozone layer were
adopted by the Parties to the Montreal Protocol at their seventhmeeting in Vienna in December 1995 and at their ninth meeting
in Montreal in September 1997, in which the Community parti-
cipated.
(4)It is necessary for action to be taken at Community level to carryout the Community's obligations under the Vienna Conventionand the latest amendments and adjustments to the Montreal
Protocol, in particular to phase out the production and the
placing on the market of methyl bromide within the Communityand to provide for a system for the licensing not only of importsbut also of exports of ozone-depleting substances.
(5)In view of the earlier than anticipated availability of technolo-
gies for replacing ozone-depleting substances, it is appropriate
in certain cases to provide for control measures which arestricter than those provided for in Council Regulation (EC) No2000R2037 — EN — 10.03.2004 — 003.001 — 2
(1) OJ C 286, 15.9.1998, p. 6 and
OJ C 83, 25.3.1999, p. 4.
(2) OJ C 40, 15.2.1999, p. 34.
(3) Opinion of the European Parliament of 17 December 1998 (OJ C 98,
9.4.1999, p. 266), confirmed on 16 September 1999, Council Common Posi-tion of 23 February 1999 (OJ C 123, 4.5.1999, p. 28) and Decision of the
European Parliament of 15 December 1999 (not yet published in the Official
Journal). Decision of the European Parliament of 13 June 2000 and Decision
of the Council of 16 June 2000.
(
4) OJ L 297, 31.10.1988, p. 8.
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3093/94 of 15 December 1994 on substances that deplete the
ozone layer (1) and stricter than those of the Montreal Protocol.
(6)Regulation (EC) No 3093/94 must be modified substantially. Itis in the interest of legal clarity and transparency to revise thatRegulation completely.
(7)Under Regulation (EC) No 3093/94 the production of chloro-fluorocarbons, other fully halogenated chlorofluorocarbons,
halons, carbon tetrachloride, 1,1,1-trichloroethane and hydrobro-
mofluorocarbons has been phased out. The production of thosecontrolled substances is thus prohibited, subject to possible dero-gation for essential uses and to meet the basic domestic needs ofParties pursuant to Article 5 of the Montreal Protocol. It is nowalso appropriate progressively to prohibit the placing on the
market and use of those substances and of products and equip-
ment containing those substances.
(8)Even after the phase-out of controlled substances the Commis-sion may under certain conditions grant exemptions foressential uses.
(9)The growing availability of alternatives to methyl bromideshould be reflected in more substantial reductions in its produc-tion and consumption compared to the Montreal Protocol. Theproduction and consumption of methyl bromide should ceasecompletely subject to possible derogations for critical uses deter-
mined at Community level following the criteria established
under the Montreal Protocol. Also the use of methyl bromidefor quarantine and preshipment applications should becontrolled. Suchuse sh ould not exceed current levels and ulti-mately be reduced in the light of technical development and
developments under the Montreal Protocol.
(10)Regulation (EC) No 3093/94 provides for controls on the
production of all other ozone-depleting substances but not for
controls on the production of hydrochlorofluorocarbons. It is
appropriate to introduce such provision to ensure that hydro-chlorofluorocarbons do not continue to be used where non-ozone-depleting alternatives exist. Measures for the control ofthe production of hydrochlorofluorocarbons should be taken by
all Parties to the Montreal Protocol. A freeze on production of
hydrochlorofluorocarbons would reflect that need and theCommunity's determination to take a leading role in this respect.The quantities produced should be adapted to the reductionsenvisaged for the placing on the Community market of hydro-chlorofluorocarbons and to the declining demand worldwide as
a consequence of reductions in the consumption of hydrochloro-
fluorocarbons required by the Protocol.
(11)The Montreal Protocol, in Article 2F(7), requires the Parties toendeavour to ensure that the use of hydrochlorofluorocarbons islimited to those applications where other more environmentallysuitable alternative substances or technologies are not available.In view of the availability of alternative and substitute technolo-gies, the placing on the market and use of
hydrochlorofluorocarbons and products containing hydrochloro-
fluorocarbons can be further limited. Decision VI/13 of theMeeting of the Parties to the Montreal Protocol provides thatthe evaluation of alternatives to hydrochlorofluorocarbons shouldtake into account suchfactors as ozone-depleting potential,
energy efficiency, potential flammability, toxicity and global
warming and the potential impacts on the effective use andphase-out of chlorofluorocarbons and halons. Hydrochlorofluoro-carbon controls under the Montreal Protocol should beconsiderably tightened to protect the ozone layer and to reflectthe availability of alternatives.2000R2037 — EN — 10.03.2004 — 003.001 — 3
(1) OJ L 333, 22.12.1994, p. 1.
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(12)Quotas for the release for free circulation in the Community of
controlled substances should be allocated only for limited uses of
controlled substances. Controlled substances and productscontaining controlled substances from States not party to theMontreal Protocol should not be imported.
(13)The licensing system for controlled substances should be
extended to include the authorisation of exports of controlled
substances, in order to monitor trade in ozone-depletingsubstances and to allow for exchange of information betweenParties.
(14)Provision should be made for the recovery of used controlled
substances, and to prevent leakages of controlled substances.
(15)The Montreal Protocol requires reporting on trade in ozone-
depleting substances. Annual reporting should therefore berequired from producers, importers and exporters of controlled
substances.
(16)The measures necessary for the implementation of this Regula-
tion should be adopted in accordance with Council Decision1999/468/EC of 28 June 1999 laying down the procedures forthe exercise of implementing powers conferred on the Commis-
sion(
1).
(17)Decision X/8 of the 10th meeting of the Parties to the Montreal
Protocol encourages Parties to take measures actively, as appro-priate, to discourage the production and marketing of newozone-depleting substances and in particular of bromochloro-
methane. To this end a mechanism should be established to
provide for new substances to be addressed by this Regulation.The production, importation, placing on the market and use ofbromochloromethane should be prohibited.
(18)The switch to new technologies or alternative products, requiredbecause the production and use of controlled substances are tobe phased out, could lead to problems for small and medium-sized enterprises (SMEs) in particular. The Member Statesshould therefore consider providing appropriate forms of assis-tance specifically to enable SMEs to make the necessary
changes,
HAVE ADOPTED THIS REGULATION:
CHAPTER I
INTRODUCTORYPROVISIONS
Article 1
Scope
This Regulation shall apply to the production, importation, exportation,
placing on the market, use, recovery, recycling and reclamation anddestruction of chlorofluorocarbons, other fully halogenated chlorofluor-
ocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl
bromide, hydrobromofluorocarbons, hydrochlorofluorocarbons andbromochloromethane, to the reporting of information on thesesubstances and to the importation, exportation, placing on the marketand use of products and equipment containing those substances.
This Regulation shall also apply to the production, importation, placing
on the market and use of substances in Annex II.2000R2037 — EN — 10.03.2004 — 003.001 — 4
(1) OJ L 184, 17.7.1999, p. 23.▼M4
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Article 2
Definitions
For the purposes of this Regulation:
— ‘Protocol’ means the 1987 Montreal Protocol on Substances that
Deplete the Ozone Layer, as last amended and adjusted,
— ‘Party’ means any party to the Protocol,
— ‘State not party to the Protocol’, with respect to a particular
controlled substance, includes any State or regional economic inte-
gration organisation that has not agreed to be bound by the
provisions of the Protocol applicable to that substance,
— ‘controlled substances’ means chlorofluorocarbons, other fully halo-
genated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide, hydrobromofluorocarbons, hydro-chlorofluorocarbons and bromochloromethane, whether alone or in
a mixture, and whether they are virgin, recovered, recycled or
reclaimed. This definition shall not cover any controlled substancewhich is in a manufactured product other than a container used forthe transportation or storage of that substance, or insignificant quan-tities of any controlled substance, originating from inadvertent orcoincidental production during a manufacturing process, from
unreacted feedstock, or from use as a processing agent which is
present in chemical substances as trace impurities, or that is emittedduring product manufacture or handling,
— ‘chlorofluorocarbons’ (CFCs) means the controlled substances listed
in Group I of Annex I, including their isomers,
— ‘other fully halogenated chlorofluorocarbons’ means the controlled
substances listed in Group II of Annex I, including their isomers,
— ‘halons’ means the controlled substances listed in Group III of
Annex I, including their isomers,
— ‘carbon tetrachloride’ means the controlled substance specified in
Group IV of Annex I,
— ‘1,1,1-trichloroethane’ means the controlled substance specified in
Group V of Annex I,
— ‘methyl bromide’ means the controlled substance specified in
Group VI of Annex I,
— ‘hydrobromofluorocarbons’ means the controlled substances listed
in Group VII of Annex I, including their isomers,
— ‘bromochloromethane’ means the controlled substance indicated in
Group IX of Annex I,
— ‘hydrochlorofluorocarbons’ (HCFCs) means the controlled
substances listed in Group VIII of Annex I, including their isomers,
— ‘new substances’ means substances listed in Annex II. This defini-
tion shall cover substances whether alone or in a mixture, andwhether they are virgin, recovered, recycled or reclaimed. This defi-
nition shall not cover any substance which is in a manufactured
product other than a container used for transportation or storage ofthat substance, or insignificant quantities of any new substance,originating from inadvertent or coincidental production during amanufacturing process or from unreacted feedstock,
— ‘feedstock’ means any controlled substance or new substance that
undergoes chemical transformation in a process in which it isentirely converted from its original composition and whose emis-
sions are insignificant,
— ‘processing agent’ means controlled substances used as chemical
processing agents in those applications listed in Annex VI, in instal-
lations existing at 1 September 1997, and where emissions areinsignificant. The Commission shall, in the light of those criteriaand in accordance withth e procedure referred to in Article 18(2),establish a list of undertakings in which the use of controlledsubstances as processing agents shall be permitted, laying down2000R2037 — EN — 10.03.2004 — 003.001 — 5
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maximum emission levels for eachof th e undertakings concerned.
It may, in accordance withth e procedure referred to in Article18(2), amend Annex VI as well as the list of undertakings referred
to above in the light of new information or technical developments,
including the review provided for in Decision X/14 of the Meetingof the Parties to the Protocol,
— ‘producer’ means any natural or legal person manufacturing
controlled substances within the Community,
— ‘production’ means the amount of controlled substances produced,
less the amount destroyed by technologies approved by the Partiesand less the amount entirely used as feedstock or as a processing
agent in the manufacture of other chemicals. No amount recovered,
recycled or reclaimed shall be considered as ‘production’,
— ‘ozone-depleting potential’ means the figure specified in the third
column of Annex I representing the potential effect of eachcontrolled substance on the ozone layer,
— ‘calculated level’ means a quantity determined by multiplying the
quantity of eachcontrolled substance by its ozone-depleting poten-tial and by adding together, for each group of controlled substancesin Annex I separately, the resulting figures,
— ‘industrial rationalisation’ means the transfer either between Parties
or within a Member State of all or a portion of the calculated level
of production of one producer to another, for the purpose of opti-
mising economic efficiency or responding to anticipated shortfallsin supply as a result of plant closures,
— ‘placing on the market’ means the supplying or making available to
third persons, against payment or free of charge, of controlledsubstances or products containing controlled substances covered bythis Regulation,
— ‘use’ means the utilisation of controlled substances in the produc-
tion or maintenance, in particular refilling, of products or
equipment or in other processes except for feedstock and processing
agent uses,
— ‘reversible air-conditioning/heat pump system’ means a combina-
tion of interconnected refrigerant-containing parts constituting oneclosed refrigeration circuit, in which the refrigerant is circulatedfor the purpose of extracting and rejecting heat (i.e. cooling,heating), processes which are reversible in that the evaporators and
condensers are designed to be interchangeable in their functions,
— ‘inward processing’ means a procedure provided for in Article
114(1) (a) of Council Regulation (EEC) No 2913/92 of 12 October1992 establishing the Community Customs Code (
1),
— ‘recovery’ means the collection and the storage of controlled
substances from, for example, machinery, equipment and contain-ment vessels during servicing or before disposal,
— ‘recycling’ means the reuse of a recovered controlled substance
following a basic cleaning process suchas filtering and drying.For refrigerants, recycling normally involves recharge back into
equipment as is often carried out on site,
— ‘reclamation’ means the reprocessing and upgrading of a recovered
controlled substance through such processes as filtering, drying,
distillation and chemical treatment in order to restore the substanceto a specified standard of performance, which often involvesprocessing off site at a central facility,
— ‘undertaking’ means any natural or legal person who produces,
recycles for placing on the market or uses controlled substancesfor industrial or commercial purposes in the Community, who
releases suchimported substances for free circulation in th e
Community, or who exports such substances from the Communityfor industrial or commercial purposes.2000R2037 — EN — 10.03.2004 — 003.001 — 6
(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC)
No 955/1999 (OJ L 119, 7. 5.1999, p. 1 ).
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CHAPTER II
PHASE-OUTSCHEDULE
Article 3
Controlofproductionofcontrolled substances
1. Subject to paragraphs 5 to 10, the production of the following
shall be prohibited:
(a) chlorofluorocarbons;
(b) other fully halogenated chlorofluorocarbons;
(c) halons;
(d) carbon tetrachloride;
(e) 1,1,1-trichloroethane;
(f) hydrobromofluorocarbons;
(g) bromochloromethane.
In the light of the proposals made by Member States, the Commission
shall, in accordance with the procedure referred to in Article 18(2),apply the criteria set out in Decision IV/25 of the Parties in order to
determine every year any essential uses for which the production and
importation of controlled substances referred to in the first subpara-graph may be permitted in the Community and those users who maytake advantage of those essential uses. Such production and importationshall be allowed only if no adequate alternatives or recycled orreclaimed controlled substances referred to in the first subparagraph
are available from any of the Parties.
2. (i) Subject to paragraphs 5 to 10, each producer shall ensure that:
(a) the calculated level of its production of methyl bromide in
the period 1 January to 31 December 1999 and in each 12-month period thereafter does not exceed 75 % of the calcu-lated level of its production of methyl bromide in 1991;
(b) the calculated level of its production of methyl bromide in
the period 1 January to 31 December 2001 and in each 12-month period thereafter does not exceed 40 % of the calcu-lated level of its production of methyl bromide in 1991;
(c) the calculated level of its production of methyl bromide in
the period 1 January to 31 December 2003 and in each 12-month period thereafter does not exceed 25 % of the calcu-lated level of its production of methyl bromide in 1991;
(d) it produces no methyl bromide after 31 December 2004.
The calculated levels referred to in subparagraphs (a), (b), (c)
and (d) shall not include the amount of methyl bromideproduced for quarantine and preshipment applications.
(ii) In the light of the proposals made by Member States, the
Commission shall, in accordance with the procedure referred toin Article 18(2), apply the criteria set out in Decision IX/6 of
the Parties, together with any other relevant criteria agreed by
the Parties, in order to determine every year any critical usesfor which the production, importation and use of methylbromide may be permitted in the Community after 31 December2004, the quantities and uses to be permitted and those userswho may take advantage of the critical exemption. Such produc-
tion and importation shall be allowed only if no adequate
alternatives or recycled or reclaimed methyl bromide is avail-able from any of the Parties.
In an emergency, where unexpected outbreaks of particular pests
or diseases so require, the Commission, at the request of thecompetent authority of a Member State, may authorise thetemporary use of methyl bromide. Such authorisation shall apply2000R2037 — EN — 10.03.2004 — 003.001 — 7
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for a period not exceeding 120 days and to a quantity not
exceeding 20 tonnes.
3. Subject to paragraphs 8, 9 and 10, each producer shall ensure
that:
(a) the calculated level of its production of hydrochlorofluorocarbons
in the period 1 January 2000 to 31 December 2000 and in each
12-month period thereafter does not exceed the calculated level of
its production of hydrochlorofluorocarbons in 1997;
(b) the calculated level of its production of hydrochlorofluorocarbons
in the period 1 January 2008 to 31 December 2008 and in each12-month period thereafter does not exceed 35 % of the calculatedlevel of its production of hydrochlorofluorocarbons in 1997;
(c) the calculated level of its production of hydrochlorofluorocarbons
in the period 1 January 2014 to 31 December 2014 and in each12-month period thereafter does not exceed 20 % of the calculatedlevel of its production of hydrochlorofluorocarbons in 1997;
(d) the calculated level of its production of hydrochlorofluorocarbons
in the period 1 January 2020 to 31 December 2020 and in each12-month period thereafter does not exceed 15 % of the calculated
level of its production of hydrochlorofluorocarbons in 1997;
(e) it produces no hydrochlorofluorocarbons after 31 December 2025.
Before 31 December 2002, the Commission shall review the level of
production of hydrochlorofluorocarbons with a view to determining:
— whether a production cut ahead of the year 2008 should be
proposed, and/or
— whether a change to the levels of production provided for under (b),
(c) and (d) should be proposed.
This review will take into account the development of hydrochloro-
fluorocarbon consumption worldwide, the hydrochlorofluorocarbonexports from the Community and other OECD countries and the tech-nical and economic availability of alternative substances ortechnologies as well as relevant international developments under theProtocol.
4. The Commission shall issue licences to those users identified in
accordance withth e second subparagraphof paragraph1 and paragraph2(ii) and shall notify them of the use for which they have authorisationand the substances and quantities thereof that they are authorised to
use.
5. A producer may be authorised by the competent authority of the
Member State in which that producer's relevant production is situatedto produce the controlled substances referred to in paragraphs 1 and 2for the purpose of meeting the requests licensed in accordance with
paragraph 4. The competent authority of the Member State concerned
shall notify the Commission in advance of its intention to issue anysuchauth orisation.
6. The competent authority of the Member State in which a produ-
cer's relevant production is situated may authorise that producer to
exceed the calculated levels of production laid down in paragraphs 1and 2 in order to satisfy the basic domestic needs of Parties pursuantto Article 5 of the Protocol, provided that the additional calculatedlevels of production of the Member State concerned do not exceedthose permitted for that purpose by Articles 2A to 2E and 2H of the
Protocol for the periods in question. The competent authority of the
Member State concerned shall notify the Commission in advance ofits intention to issue any suchauth orisation.
7. To the extent permitted by the Protocol, the competent authority
of the Member State in which a producer's relevant production is situ-
ated may authorise that producer to exceed the calculated levels ofproduction laid down in paragraphs 1 and 2 in order to satisfy anyessential, or critical, uses of Parties at their request. The competentauthority of the Member State concerned shall notify the Commissionin advance of its intention to issue any suchauth orisation.2000R2037 — EN — 10.03.2004 — 003.001 — 8
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8. To the extent permitted by the Protocol, the competent authority
of the Member State in which a producer's relevant production is situ-ated may authorise that producer to exceed the calculated levels of
production laid down in paragraphs 1 to 7 for the purpose of industrial
rationalisation within the Member State concerned, provided that thecalculated levels of production of that Member State do not exceedthe sum of the calculated levels of production of its domestic producersas laid down in paragraphs 1 to 7 for the periods in question. The
competent authority of the Member State concerned shall notify the
Commission in advance of its intention to issue any suchauth orisation.
9. To the extent permitted by the Protocol, the Commission may, in
agreement with the competent authority of the Member State in which
a producer's relevant production is situated, authorise that producer toexceed the calculated levels of production laid down in paragraphs 1to 8 for the purpose of industrial rationalisation between MemberStates, provided that the combined calculated levels of production ofthe Member States concerned do not exceed the sum of the calculated
levels of production of their domestic producers as laid down in para-
graphs 1 to 8 for the periods in question. The agreement of thecompetent authority of the Member State in which it is intended toreduce production shall also be required.
10. To the extent permitted by the Protocol, the Commission may,
in agreement with both the competent authority of the Member Statein which a producer's relevant production is situated and the govern-ment of the third Party concerned, authorise a producer to combine
the calculated levels of production laid down in paragraphs 1 to 9
with the calculated levels of production allowed to a producer in a thirdParty under the Protocol and that producer's national legislation for thepurpose of industrial rationalisation with a third Party, provided thatthe combined calculated levels of production by the two producers donot exceed the sum of the calculated levels of production allowed to
the Community producer under paragraphs 1 to 9 and the calculated
levels of production allowed to the third Party producer under theProtocol and any relevant national legislation.
Article 4
Control of the placing on the market and use of controlled
substances
1. Subject to paragraphs 4 and 5, the placing on the market and the
use of the following controlled substances shall be prohibited:
(a) chlorofluorocarbons;
(b) other fully halogenated chlorofluorocarbons;
(c) halons;
(d) carbon tetrachloride;
(e) 1,1,1-trichloroethane;
(f) hydrobromofluorocarbons; and
(g) bromochloromethane.
The Commission may, following a request by a competent authority of
a Member State and in accordance withth e procedure referred to inArticle 18(2), authorise a temporary exemption to allow the use ofchlorofluorocarbons until 31 December 2004 in delivery mechanisms
for hermetically sealed devices designed for implantation in the human
body for delivery of measured doses of medication, and until 31December 2008, in existing military applications, where it is demon-strated that, for a particular use, technically and economically feasiblealternative substances or technologies are not available or cannot beused.2000R2037 — EN — 10.03.2004 — 003.001 — 9
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2. (i) Subject to paragraphs 4 and 5, each producer and importer shall
ensure that:
(a) the calculated level of methyl bromide which it places on
the market or uses for its own account in the period 1
January 1999 to 31 December 1999 and in each12-month
period thereafter does not exceed 75 % of the calculatedlevel of methyl bromide which it placed on the market orused for its own account in 1991;
(b) the calculated level of methyl bromide which it places on
the market or uses for its own account in the period 1
January 2001 to 31 December 2001 and in each12-monthperiod thereafter does not exceed 40 % of the calculatedlevel of methyl bromide which it placed on the market orused for its own account in 1991;
(c) the calculated level of methyl bromide which it places on
the market or uses for its own account in the period 1
January 2003 to 31 December 2003 and in each12-monthperiod thereafter does not exceed 25 % of the calculatedlevel of methyl bromide which it placed on the market orused for its own account in 1991;
(d) it does not place any methyl bromide on the market or use
any for its own account after 31 December 2004.
To the extent permitted by the Protocol, the Commission shall,
following a request by a competent authority of a Member State
and in accordance withth e procedure referred to in Article18(2), adjust the calculated level of methyl bromide referred toin Article 3(2) (i) (c) and subparagraph(c) wh ere it is demon-strated that this is necessary to meet the needs of that Member
State, because technically and economically feasible alterna-
tives or substitutes that are acceptable from the standpoint ofenvironment and health are not available or cannot be used.
The Commission, in consultation with Member States, shall
encourage the development, including research, and the use ofalternatives to methyl bromide as soon as possible.
(ii) Subject to paragraph 4, the placing on the market and the use
of methyl bromide by undertakings other than producers andimporters shall be prohibited after 31 December 2005.
(iii) The calculated levels referred to in subparagraphs (i) (a), (b),
(c) and (d) and (ii) shall not include the amount of methylbromide produced or imported for quarantine and preshipmentapplications. For the period 1 January 2001 to 31 December2001 and for each12-monthperiod th ereafter, eachproducerand importer shall ensure that the calculated level of methyl
bromide which it places on the market or uses for its own
account for quarantine and preshipment applications shall notexceed the average of the calculated level of methyl bromidewhich it placed on the market or used for its own account forquarantine and preshipment in the years 1996, 1997 and 1998.
Each year Member States shall report to the Commission the
quantities of methyl bromide authorised for quarantine andpreshipment used in their territory, the purposes for which
methyl bromide was used, and the progress in evaluating and
using alternatives.
The Commission shall, in accordance with the procedure
referred to in Article 18(2), take measures to reduce the calcu-
lated level of methyl bromide which producers and importersmay place on the market or use for their own account for quar-antine and preshipment in the light of technical and economicavailability of alternative substances or technologies and of therelevant international developments under the Protocol.
(iv) The total quantitative limits for the placing on the market or
use for their own account by producers and importers of methylbromide are set out in Annex III.2000R2037 — EN — 10.03.2004 — 003.001 — 10
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3. (i) Subject to paragraphs 4 and 5 and to Article 5(5):
(a) the calculated level of hydrochlorofluorocarbons which
producers and importers place on the market or use for theirown account in the period 1 January 1999 to 31 December
1999 and in the 12-month period thereafter shall not exceed
the sum of:
— 2,6 % of the calculated level of chlorofluorocarbons
which producers and importers placed on the market orused for their own account in 1989, and
— the calculated level of hydrochlorofluorocarbons which
producers and importers placed on the market or used
for their own account in 1989;
(b) the calculated level of hydrochlorofluorocarbons which
producers and importers place on the market or use for theirown account in the period 1 January 2001 to 31 December2001 shall not exceed the sum of:
— 2,0 % of the calculated level of chlorofluorocarbons
which producers and importers placed on the market orused for their own account in 1989, and
— the calculated level of hydrochlorofluorocarbons which
producers and importers placed on the market or usedfor their own account in 1989;
(c) the calculated level of hydrochlorofluorocarbons which
producers and importers place on the market or use for their
own account in the period 1 January 2002 to 31 December2002 shall not exceed 85 % of the level calculated pursuantto subparagraph(b);
(d) the calculated level of hydrochlorofluorocarbons which
producers and importers place on the market or use for theirown account in the period 1 January 2003 to 31 December2003 shall not exceed 45 % of the level calculated pursuantto subparagraph(b);
(e) the calculated level of hydrochlorofluorocarbons which
producers and importers place on the market or use for theirown account in the period 1 January 2004 to 31 December2004 and in each 12-month period thereafter shall notexceed 30 % of the level calculated pursuant to subpara-graph(b);
(f) the calculated level of hydrochlorofluorocarbons which
producers and importers place on the market or use for theirown account in the period 1 January 2008 to 31 December2008 and in each 12-month period thereafter shall not
exceed 25 % of the level calculated pursuant to subpara-
graph(b);
(g) producers and importers shall not place hydrochlorofluoro-
carbons on the market or use them for their own accountafter 31 December 2009;
(h) each producer and importer shall ensure that the calculated
level of hydrochlorofluorocarbons which it places on themarket or uses for its own account in the period 1 January2001 to 31 December 2001 and in the 12-month periodthereafter shall not exceed, as a percentage of the calculated
levels set out in (a) to (c), ►
M2the percentage share
assigned to it in 1999 ◄.
(ii) Before 1 January 2001, the Commission shall, in accordance
withth e procedure referred to in Article 18(2), determine amechanism for the allocation of quotas to each producer andimporter of the calculated levels set out in (d) to (f), applicablefor the period 1 January 2003 to 31 December 2003 and foreach12-monthperiod th ereafter.
(iii) In the case of producers, the quantities referred to in this para-
graph shall apply to the amounts of virginhydrochlorofluorocarbons which they place on the market or2000R2037 — EN — 10.03.2004 — 003.001 — 11
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use for their own account within the Community and which
were produced in the Community.
(iv) The total quantitative limits for the placing on the market or
use for their own account by producers and importers of hydro-chlorofluorocarbons are set out in Annex III.
4. (i) (a) Paragraphs 1, 2 and 3 shall not apply to the placing on the
market of controlled substances for destruction within the
Community by technologies approved by the Parties;
(b) paragraphs 1, 2 and 3 shall not apply to the placing on the
market and use of controlled substances if:
— they are used for feedstock or as a processing agent; or
— they are used to meet the licensed requests for essential
uses of those users identified as laid down in Article3(1) and to meet the licensed requests for critical usesof those users identified as laid down in Article 3(2) or
to meet the requests for temporary emergency applica-
tions authorised in accordance with Article 3(2) (ii).
(ii) Paragraph 1 shall not apply to the placing on the market, by
undertakings other than producers, of controlled substances forthe maintenance or servicing of refrigeration and air-condi-tioning equipment until 31 December 1999.
(iii) Paragraph 1 shall not apply to the use of controlled substances
for the maintenance or servicing of refrigeration and air-condi-tioning equipment or in fingerprinting processes until 31December 2000.
(iv) Paragraph 1(c) shall not apply to the placing on the market and
use of halons that have been recovered, recycled or reclaimedin existing fire protection systems until 31 December 2002 or
to the placing on the market and use of halons for critical uses
as set out in Annex VII. Each year the competent authorities ofthe Member States shall notify to the Commission the quanti-ties of halons used for critical uses, the measures taken toreduce their emissions and an estimate of such emissions, and
the current activities to identify and use adequate alternatives.
Each year the Commission shall review the critical uses listedin Annex VII and, if necessary, adopt modifications and, whereappropriate, time-frames for phase-out, taking into account theavailability of bothtech nically and economically feasible alter-natives or technologies that are acceptable from the standpoint
of environment and health, in accordance with the procedure
referred to in Article 18(2).
(v) Except for uses listed in Annex VII, fire protection systems and
fire extinguishers containing halons shall be decommissionedbefore 31 December 2003, and halons shall be recovered inaccordance withArticle 16.
5. Any producer or importer entitled to place controlled substances
referred to in this Article on the market or use them for its ownaccount may transfer that right in respect of all or any quantities ofthat group of substances fixed in accordance with this Article to anyother producer or importer of that group of substances within the
Community. Any such transfer shall be notified in advance to the
Commission. The transfer of the right to place on the market or useshall not imply the further right to produce or to import.
6. The importation and placing on the market of products and equip-
ment containing chlorofluorocarbons, other fully halogenatedchlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane,
hydrobromofluorocarbons and bromochloromethane shall be prohibited,
with the exception of products and equipment for which the use of therespective controlled substance has been authorised in accordance withthe second subparagraph of Article 3(1) or is listed in Annex VII.Products and equipment shown to be manufactured before the entryinto force of this Regulation shall not be covered by this prohibition.2000R2037 — EN — 10.03.2004 — 003.001 — 12
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Article 5
Controloftheuseofhydrochlorofluorocarbons
1. Subject to the following conditions, the use of hydrochlorofluoro-
carbons shall be prohibited:
(a) in aerosols;
(b) as solvents:
(i) in non-contained solvent uses including open-top cleaners and
open-top dewatering systems without refrigerated areas, in
adhesives and mould-release agents when not employed inclosed equipment, for drain cleaning where hydrochlorofluoro-carbons are not recovered;
(ii) from 1 January 2002, in all solvent uses, withth e exception of
precision cleaning of electrical and other components in aero-space and aeronautics applications where the prohibition shallenter into force on 31 December 2008;
(c) as refrigerants:
(i) in equipment produced after 31 December 1995 for the
following uses:
— in non-confined direct-evaporation systems,
— in domestic refrigerators and freezers,— in motor vehicle, tractor and off-road vehicle or trailer air
conditioning systems operating on any energy source,except for military uses where the prohibition shall enterinto force on 31 December 2008,
— in road public-transport air-conditioning,
(ii) in rail transport air-conditioning, in equipment produced after
31 December 1997;
(iii) from 1 January 2000, in equipment produced after 31
December 1999 for the following uses:
— in public and distribution cold stores and warehouses,
— for equipment of 150 kw and over, shaft input,
(iv) from 1 January 2001, in all other refrigeration and air-condi-
tioning equipment produced after 31 December 2000, withthe exception of fixed air-conditioning equipment, with a
cooling capacity of less than 100 kW, where the use of hydro-
chlofluorocarbons shall be prohibited from 1 July 2002 inequipment produced after 30 June 2002 and of reversible air-conditioning/heat pump systems where the use of hydrochloro-fluorocarbons shall be prohibited from 1 January 2004 in all
equipment produced after 31 December 2003;
(v) from 1 January 2010, the use of virgin hydrochlorofluorocar-
bons shall be prohibited in the maintenance and servicing of
refrigeration and air-conditioning equipment existing at thatdate; all hydrochlorofluorocarbons shall be prohibited from 1January 2015.
Before 31 December 2008 the Commission shall review the
technical and economic availability of alternatives to recycledhydrochlorofluorocarbons.
The review shall take into account the availability of techni-
cally and economically feasible alternatives to
hydrochlorofluorocarbons in existing refrigeration equipment
withth e view to avoiding undue abandonment of equipment.
Alternatives for consideration should have a significantly less
harmful effect on the environment than hydrochlorofluorocar-bons.
The Commission shall submit the result of the review to the
European Parliament and to the Council. It shall, as appro-priate, in accordance withth e procedure referred to in Article18(2), take a decision on whether to adapt the date of 1January 2015;2000R2037 — EN — 10.03.2004 — 003.001 — 13
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(d) for the production of foams:
(i) for the production of all foams except integral skin foams for
use in safety applications and rigid insulating foams;
(ii) from 1 October 2000, for the production of integral skin foams
for use in safety applications and polyethylene rigid insulatingfoams;
(iii) from 1 January 2002, for the production of extruded poly-
styrene rigid insulating foams, except where used for
insulated transport;
(iv) from 1 January 2003, for the production of polyurethane foams
for appliances, of polyurethane flexible faced laminate foamsand of polyurethane sandwich panels, except where these lasttwo are used for insulated transport;
(v) from 1 January 2004, for the production of all foams,
including polyurethane spray and block foams;
(e) as carrier gas for sterilisation substances in closed systems, in
equipment produced after 31 December 1997;
(f) in all other applications.
2. By way of derogation from paragraph l, the use of hydrochloro-
fluorocarbons shall be permitted:
(a) in laboratory uses, including researchand development;
(b) as feedstock;
(c) as a processing agent.
3. By way of derogation from paragraph 1, the use of hydrochloro-
fluorocarbons as fire-fighting agents in existing fire protection systemsmay be permitted for replacing halons in applications listed in AnnexVII under the following conditions:
— halons contained in such fire protection systems shall be replaced
completely,
— halons withdrawn shall be destroyed,— 70 % of the destruction costs shall be covered by the supplier of the
hydrochlorofluorocarbons,
— each year, Member States making use of this provision shall notify
to the Commission the number of installations and the quantities of
halons concerned.
4. The importation and placing on the market of products and equip-
ment containing hydrochlorofluorocarbons for which a use restriction isin force under this Article shall be prohibited from the date on which
the use restriction comes into force. Products and equipment shown to
be manufactured before the date of that use restriction shall not becovered by this prohibition.
5. Until 31 December 2009, the use restrictions under this Article
shall not apply to the use of hydrochlorofluorocarbons for the produc-
tion of products for export to countries where the use of
hydrochlorofluorocarbons in those products is still permitted.
6. The Commission may, in accordance with the procedure referred
to in Article 18(2), in the light of experience with the operation of thisRegulation or to reflect technical progress, modify the list and the dates
set out in paragraph 1, but in no case extend the periods set out therein,
without prejudice to the exemptions provided for in paragraph 7.
7. The Commission may, following a request by a competent
authority of a Member State and in accordance with the procedurereferred to in Article 18(2), authorise a time-limited exemption to allow
the use and placing on the market of hydrochlorofluorocarbons in dero-
gation from paragraph 1 and Article 4(3) where it is demonstrated that,for a particular use, technically and economically feasible alternativesubstances or technologies are not available or cannot be used. TheCommission shall immediately inform the Member States of anyexemptions granted.2000R2037 — EN — 10.03.2004 — 003.001 — 14
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CHAPTER III
TRADE
Article 6
Licencestoimportfromthirdcountries
1. The release for free circulation in the Community or inward
processing of controlled substances shall be subject to the presentationof an import licence. Such licences shall be issued by the Commissionafter verification of compliance withArticles 6, 7, 8 and 13. Th eCommission shall forward a copy of each licence to the competentauthority of the Member State into which the substances concerned
are to be imported. EachMember State sh all appoint a competent
authority for that purpose. Controlled substances listed in groups I, II,III, IV, V and IX as listed in Annex I shall not be imported for inwardprocessing.
2. The licence, when related to an inward-processing procedure,
shall be issued only if the controlled substances are to be used in thecustoms territory of the Community under the system of suspensionprovided for in Article 114(2) (a) of Regulation (EEC) No 2913/92,and under the condition that the compensating products are re-exported
to a State where the production, consumption or import of that
controlled substance is not prohibited. The licence shall only be issuedfollowing approval of the competent authority of the Member State inwhich the inward-processing operation is to take place.
3. A request for a licence shall state:
(a) the names and the addresses of the importer and the exporter;
(b) the country of exportation;
(c) the country of final destination if controlled substances are to be
used in the customs territory of the Community under the inward-
processing procedure as referred to in paragraph2;
(d) a description of eachcontrolled substance, including:
— the commercial description,
— the description and the CN code as laid down in Annex IV,— the nature of the substance (virgin, recovered or reclaimed),
— the quantity of the substance in kilograms;
(e) the purpose of the proposed import;
(f) if known, the place and date of the proposed importation and,
where relevant, any changes to these data.
4. The Commission may require a certificate attesting the nature of
substances to be imported.
5. The Commission may, in accordance with the procedure referred
to in Article 18(2), modify the list of items mentioned in paragraph 3and Annex IV.
Article 7
Importsofcontrolled substancesfromthirdcountries
The release for free circulation in the Community of controlled
substances imported from third countries shall be subject to quantita-tive limits. Those limits shall be determined and quotas allocated toundertakings for the period 1 January to 31 December 1999 and foreach 12-month period thereafter in accordance with the procedurereferred to in Article 18(2). They shall be allocated only:
(a) for controlled substances of groups VI and VIII as referred to in
Annex I;
(b) for controlled substances if they are used for essential or critical
uses or for quarantine and preshipment applications;2000R2037 — EN — 10.03.2004 — 003.001 — 15
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(c) for controlled substances if they are used for feedstock or as
processing agents; or
(d) to undertakings having destruction facilities for recovered
controlled substances if the controlled substances are used fordestruction in the Community by technologies approved by theParties.
Article 8
Imports of controlled substances from a State not party to the
Protocol
The release for free circulation in the Community or inward processing
of controlled substances imported from any State not party to theProtocol shall be prohibited.
Article 9
Imports of products containing controlled substances from a State
notpartytotheProtocol
1. The release for free circulation in the Community of products and
equipment containing controlled substances imported from any Statenot Party to the Protocol shall be prohibited.
2. A list of products containing controlled substances and of
Combined Nomenclature codes is given in Annex V for guidance ofthe Member States' customs authorities. The Commission may, inaccordance withth e procedure referred to in Article 18(2), add to,
delete items from or amend this list in the light of the lists established
by the Parties.
Article 10
Imports of products produced using controlled substances from a
StatenotpartytotheProtocol
In the light of the decision of the Parties, the Council shall, on a
proposal from the Commission, adopt rules applicable to the release
for free circulation in the Community of products which were producedusing controlled substances but do not contain substances which can bepositively identified as controlled substances, imported from any Statenot party to the Protocol. The identification of such products shallcomply with periodical technical advice given to the Parties. The
Council shall act by a qualified majority.
Article 11
Export of controlled substances or products containing controlled
substances
1. Exports from the Community of chlorofluorocarbons, other fully
halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-
trichloroethane, hydrobromofluorocarbons and bromochloromethane or
products and equipment, other than personal effects, containing thosesubstances or whose continuing function relies on supply of thosesubstances shall be prohibited. This prohibition shall not apply toexports of:
(a) controlled substances produced under Article 3(6) to satisfy the
basic domestic needs of Parties pursuant to Article 5 of the
Protocol;
(b) controlled substances produced under Article 3(7) to satisfy essen-
tial or critical uses of Parties;
(c) products and equipment containing controlled substances produced
under Article 3(5) or imported under Article 7(b);2000R2037 — EN — 10.03.2004 — 003.001 — 16
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(d) recovered, recycled and reclaimed halon stored for critical uses in
facilities authorised or operated by the competent authority tosatisfy critical uses listed in Annex VII until 31 December 2009,
and products and equipment containing halon to satisfy critical
uses listed in Annex VII. By 1 January 2005, the Commission shallundertake a review of exports of suchrecovered, recycled andreclaimed halon for critical uses and, in accordance with the proce-dure referred to in Article 18(2), shall take a decision, if
appropriate, to prohibit such exports earlier than 31 December
2009;
(e) controlled substances to be used for feedstock and processing agent
applications;
(f) metered dose inhalers and delivery mechanisms containing chloro-
fluorcarbons for hermetically sealed devices for implantation in thehuman body for delivery of measured doses of medication which,under Article 4(1), may be given a temporary authorisation inaccordance withth e procedure referred to in Article 18(2);
(g) used products and equipment that contain rigid insulating foam or
integral skin foam which have been produced with chlorofluorocar-
bons. This exemption does not apply to:
— refrigeration and air-conditioning equipment and products;
— refrigeration and air-conditioning equipment and products
which contain chlorofluorocarbons used as refrigerants, orwhose continuing function relies on the supply of chlorofluoro-
carbons used as refrigerants, in other equipment and products;
— building insulation foam and products.
2. Exports from the Community of methyl bromide to any State not
party to the Protocol shall be prohibited.
3. From 1 January 2004, exports from the Community of hydro-
chlorofluorocarbons to any State not party to the Protocol shall beprohibited. The Commission shall, in accordance with the procedurereferred to in Article 18(2), examine the above date in the light of rele-
vant international developments under the Protocol and modify it as
appropriate.
4. From 31 December 2003, exports from the Community of halon
for critical uses not from storage facilities authorised or operated by the
competent authority to store halon for critical uses shall be prohibited.
Article 12
Exportauthorisation
1. Exports from the Community of controlled substances shall be
subject to authorisation. Such export authorisation shall be issued by
the Commission to undertakings for the period 1 January to 31December 2001 and for each12-monthperiod th ereafter after verifica-tion of compliance withArticle 11. Provisions governing th e exportauthorisation of halon as a controlled substance are set out in paragraph4. The Commission shall forward a copy of each export authorisation
to the competent authority of the Member State concerned.
2. An application for an export authorisation shall state:
(a) the name and address of the exporter and of the producer, where it
is not the same;2000R2037 — EN — 10.03.2004 — 003.001 — 17
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(b) a description of the controlled substance(s) intended for export,
including:
— the commercial description,
— the description and the CN code as laid down in Annex IV,
— the nature of the substance (virgin, recovered or reclaimed);
(c) the total quantity of each substance to be exported;
(d) the country/countries of final destination of the controlled
substance(s);
(e) the purpose of the exports.
3. Each exporter shall notify the Commission of any changes which
might occur during the period of validity of the authorisation in rela-tion to the data notified under paragraph 2. Each exporter shall reportto the Commission in accordance with Article 19.
4. Exports from the Community of halon, and products and equip-
ment containing halon, to satisfy critical uses listed in Annex VIIshall be subject to authorisation for the period 1 January to 31December 2004 and each12-monthperiod th ereafter. Suchexportauthorisation shall be issued by the Commission to the exporter afterverification of compliance withArticle 11(1)(d) by th e competent
authority of the Member State concerned. An application for an export
authorisation shall record:
— the name and address of the exporter,
— a commercial description of the export,— the total quantity of halon,— the country/countries of final destination of the products and equip-
ment,
— a declaration that the halon is to be exported for a specific critical
use listed in Annex VII,
— any further information deemed necessary by the competent
authority.
Article 13
Exceptional authorisation to trade with a State not party to the
Protocol
By way of derogation from Articles 8, 9(1), 10, 11(2) and (3), trade
withany State not party to th e Protocol in controlled substances and
products which contain or are produced by means of one or moresuch substances may be authorised by the Commission, to the extentthat the State not party to the Protocol is determined by a meeting ofthe Parties to be in full compliance with the Protocol and has submitted
data to that effect as specified in Article 7 of the Protocol. The
Commission shall act in accordance with the procedure referred to inArticle 18(2) of this Regulation.
Article 14
Tradewithaterritory notcoveredbytheProtocol
1. Subject to any decision taken under paragraph2, Articles 8, 9,
11(2) and (3) shall apply to any territory not covered by the Protocol
as they apply to any State not party to the Protocol.
2. Where the authorities of a territory not covered by the Protocol
are in full compliance with the Protocol and have submitted data tothat effect as specified in Article 7 of the Protocol, the Commission
may decide that some or all of the provisions of Articles 8, 9 and 11
of this Regulation shall not apply in respect of that territory.
The Commission shall take its decision in accordance with the proce-
dure referred to in Article 18(2).2000R2037 — EN — 10.03.2004 — 003.001 — 18
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Article 15
NotificationofMember States
The Commission shall immediately notify the Member States of any
measures it adopts pursuant to Articles 6, 7, 9, 12, 13 and 14.
CHAPTER IV
EMISSIONCONTROL
Article 16
Recovery ofusedcontrolledsubstances
1. Controlled substances contained in:
— refrigeration, air-conditioning and heat pump equipment, except
domestic refrigerators and freezers,
— equipment containing solvents,
— fire protection systems and fire extinguishers,
shall be recovered for destruction by technologies approved by the
Parties or by any other environmentally acceptable destruction tech-nology, or for recycling or reclamation during the servicing andmaintenance of equipment or before the dismantling or disposal of
equipment.
2. Controlled substances contained in domestic refrigerators and
freezers shall be recovered and dealt with as provided for in paragraph
1 after 31 December 2001.
3. Controlled substances contained in products, installations and
equipment other than those mentioned in paragraphs 1 and 2 shall berecovered, if practicable, and dealt withas provided in paragraph1.
4. Controlled substances shall not be placed on the market in dispo-
sable containers, except for essential uses.
5. Member States shall take steps to promote the recovery, recy-
cling, reclamation and destruction of controlled substances and shallassign to users, refrigeration technicians or other appropriate bodies
responsibility for ensuring compliance withth e provisions of paragraph
1. Member States shall define the minimum qualification requirementsfor the personnel involved. By 31 December 2001 at the latest,Member States shall report to the Commission on the programmesrelated to the above qualification requirements. The Commission shall
evaluate the measures taken by the Member States. In the light of this
evaluation and of technical and other relevant information, theCommission, as appropriate, shall propose measures regarding thoseminimum qualification requirements.
6. Member States shall report to the Commission by 31 December
2001, and for each 12-month period thereafter, on the systems estab-lished to promote the recovery of used controlled substances,
including the facilities available and the quantities of used controlled
substances recovered, recycled, reclaimed or destroyed.
7. This Article shall be without prejudice to Council Directive 75/
442/EEC of 15 July 1975 on waste (
1) or to measures adopted
following Article 2(2) of that Directive.
Article 17
Leakagesofcontrolled substances
1. All precautionary measures practicable shall be taken to prevent
and minimise leakages of controlled substances. In particular, fixed2000R2037 — EN — 10.03.2004 — 003.001 — 19
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equipment with a refrigerating fluid charge of more than 3 kg shall be
checked for leakages annually. Member States shall define theminimum qualification requirements for the personnel involved. By 31
December 2001 at the latest, Member States shall report to the
Commission on the programmes related to the above qualificationrequirements. The Commission shall evaluate the measures taken bythe Member States. In the light of this evaluation and of technical andother relevant information, the Commission, as appropriate, shall
propose measures regarding those minimum qualification requirements.
The Commission shall promote the preparation of European standards
relating to the control of leakages and to the recovery of substancesleaking from commercial and industrial air-conditioning and refrigera-tion equipment, from fire-protection systems and from equipment
containing solvents as well as, as appropriate, to technical requirements
withrespect to th e leakproofness of refrigeration systems.
2. All precautionary measures practicable shall be taken to prevent
and minimise leakages of methyl bromide from fumigation installations
and operations in which methyl bromide is used. Whenever methyl
bromide is used in soil fumigation, the use of virtually impermeablefilms for a sufficient time, or other techniques ensuring at least thesame level of environmental protection shall be mandatory. MemberStates shall define the minimum qualification requirements for thepersonnel involved.
3. All precautionary measures practicable shall be taken to prevent
and minimise leakages of controlled substances used as feedstock andas processing agents.
4. All precautionary measures practicable shall be taken to prevent
and minimise any leakage of controlled substances inadvertently
produced in the course of the manufacture of other chemicals.
5. The Commission shall develop as appropriate and ensure the
dissemination of notes describing best available technologies and best
environmental practices concerning the prevention and minimisation
of leakages and emissions of controlled substances.
CHAPTER V
COMMITTEE,REPORTING,INSPECTIONANDPENALTIES
Article 18
Committee
1. The Commission shall be assisted by a Committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply, having regard to the provisions ofArticle 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at one month.
3. The Committee shall adopt its rules of procedure.
Article 19
Reporting
1. Every year before 31 March, each producer, importer and
exporter of controlled substances shall communicate to the Commis-sion, sending a copy to the competent authority of the Member State
concerned, data as specified below for eachcontrolled substance in
respect of the period 1 January to 31 December of the preceding year.
The format of this report shall be established in accordance with the
procedure referred to in Article 18(2).
(a) Eachproducer sh all communicate:
— its total production of eachcontrolled substance,2000R2037 — EN — 10.03.2004 — 003.001 — 20
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— any production placed on the market or used for the producer's
own account within the Community, separately identifyingproduction for feedstock, processing agent, quarantine and
preshipment and other uses,
— any production to meet the essential uses in the Community,
licensed in accordance withArticle 3(4),
— any production authorised under Article 3(6) to satisfy basic
domestic needs of Parties pursuant to Article 5 of the Protocol,
— any production authorised under Article 3(7) to satisfy essential,
or critical, uses of Parties,
— any increase in production authorised under Article 3(8), (9)
and (10) in connection withindustrial rationalisation,
— any quantities recycled, reclaimed or destroyed,
— any stocks.
(b) Each importer, including any producers who also import, shall
communicate:
— any quantities released for free circulation in the Community,
separately identifying imports for feedstock and processing-
agent uses, for essential or critical uses licensed in accordance
withArticle 3(4), for use in quarantine and presh ipment appli-cations and for destruction,
— any quantities of controlled substances entering the Community
under the inward-processing procedure,
— any quantities of used controlled substances imported for recy-
cling or reclamation,
— any stocks.
(c) Each exporter, including any producers who also export, shall
communicate:
— any quantities of controlled substances exported from the
Community, including substances which are re-exported underthe inward processing procedure, separately identifying quanti-
ties exported to eachcountry of destination and quantities
exported for feedstock and processing agent uses, essentialuses, critical uses, quarantine and preshipment uses, to meetthe basic domestic needs of Parties pursuant to Article 5 of theProtocol and for destruction,
— any quantities of used controlled substances exported for recy-
cling or reclamation,
— any stocks.
2. Every year before 31 December, Member States' customs authori-
ties shall return to the Commission the stamped used licencedocuments.
3. Every year before 31 March, each user who has been authorised
to take advantage of an essential use exemption under Article 3(1)shall, for each substance for which an authorisation has been received,
report to the Commission, sending a copy to the competent authority of
the Member State concerned, the nature of the use, the quantities usedduring the previous year, the quantities held in stock, any quantitiesrecycled or destroyed, and the quantity of products containing thosesubstances placed on the Community market and/or exported.
4. Every year before 31 March, each undertaking which has been
authorised to use controlled substances as a processing agent shall
report to the Commission the quantities used during the previous year,
and an estimate of the emissions which occurred during such use.
4a. Every year before 31 March, the exporter shall communicate to
the Commission, sending a copy of the data to the competent authorityof the Member State concerned, the records provided by each applicantin accordance withArticle 12(4), in respect of th e period 1 January to31 December of the preceding year.2000R2037 — EN — 10.03.2004 — 003.001 — 21
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5. The Commission shall take appropriate steps to protect the confi-
dentiality of the information submitted to it.
6. The Commission may, in accordance with the procedure referred
to in Article 18(2), modify the reporting requirements laid down in
paragraphs 1 to 4, to meet commitments under the Protocol or to
improve the practical application of those reporting requirements.
Article 20
Inspection
1. In carrying out the tasks assigned to it by this Regulation, the
Commission may obtain all the information from the governments and
competent authorities of the Member States and from undertakings.
2. When requesting information from an undertaking the Commis-
sion shall at the same time forward a copy of the request to thecompetent authority of the Member State within the territory of whichthe undertaking's seat is situated, together with a statement of thereasons why that information is required.
3. The competent authorities of the Member States shall carry out
the investigations which the Commission considers necessary under
this Regulation. Member States shall also conduct random checks on
imports of controlled substances, and communicate the schedules andresults of those checks to the Commission.
4. Subject to the agreement of the Commission and of the competent
authority of the Member State within the territory of which the investi-gations are to be made, the officials of the Commission shall assist theofficials of that authority in the performance of their duties.
5. The Commission shall take appropriate action to promote
adequate exchange of information and cooperation between national
authorities and between national authorities and the Commission. TheCommission shall take appropriate steps to protect the confidentialityof information obtained under this Article.
Article 21
Penalties
Member States shall determine the necessary penalties applicable to
breaches of this Regulation. The penalties shall be effective, propor-tionate and dissuasive. Member States shall notify the provisionsregarding penalties to the Commission by 31 December 2000 at thelatest and shall also notify it without delay of any subsequent amend-
ment affecting suchprovisions.
CHAPTER VI
NEWSUBSTANCES
Article 22
Newsubstances
1. The production, release for free circulation in the Community and
inward processing, placing on the market and use of new substances in
Annex II are prohibited. This prohibition does not apply to new
substances if they are used as feedstock.
2. The Commission shall, as appropriate, make proposals to include
in Annex II any substances that are not controlled substances but thatare found by the Scientific Assessment Panel under the Protocol tohave a significant ozone-depleting potential, including on possibleexemptions from paragraph1.2000R2037 — EN — 10.03.2004 — 003.001 — 22
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CHAPTER VII
FINALPROVISIONS
Article 23
Repeal
Regulation (EC) No 3093/94 shall be repealed as from 1 October 2000.References to the repealed Regulation shall be construed as references
to this Regulation.
Article 24
Entryintoforce
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Communities .
It shall apply from 1 October 2000.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2000R2037 — EN — 10.03.2004 — 003.001 — 23
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ANNEX I
Controlledsubstancescovered
Group SubstanceOzone-depleting
potential (1)
Group I CFCl3(CFC-11) 1,0
CF2Cl2(CFC-12) 1,0
C2F3Cl3(CFC-113) 0,8
C2F4Cl2(CFC-114) 1,0
C2F5Cl (CFC-115) 0,6
Group II CF3Cl (CFC-13) 1,0
C2FCl5(CFC-111) 1,0
C2F2Cl4(CFC-112) 1,0
C3FCl7(CFC-211) 1,0
C3F2Cl6(CFC-212) 1,0
C3F3Cl5(CFC-213) 1,0
C3F4Cl4(CFC-214) 1,0
C3F5Cl3(CFC-215) 1,0
C3F6Cl2(CFC-216) 1,0
C3F7Cl (CFC-217) 1,0
Group III CF2BrCl (halon-1211) 3,0
CF3Br (halon-1301) 10,0
C2F4Br2(halon-2402) 6,0
Group IV CCl4(carbon tetrachloride) 1,1
Group V C2H3Cl3(2) (1,1,1-trichloroethane) 0,1
Group VI CH3Br (methyl bromide) 0,6
Group VII CHFBr21,00
CHF2Br 0,74
CH2FBr 0,73
C2HFBr40,8
C2HF2Br31,8
C2HF3Br21,6
C2HF4Br 1,2
C2H2FBr31,1
C2H2F2Br21,5
C2H2F3Br 1,6
C2H3FBr21,7
C2H3F2Br 1,1
C2H4FBr 0,1
C3HFBr61,5
C3HF2Br51,9
C3HF3Br41,8
C3HF4Br32,2
C3HF5Br22,0
C3HF6Br 3,3
C3H2FBr51,9
C3H2F2Br42,12000R2037 — EN — 10.03.2004 — 003.001 — 24
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Group SubstanceOzone-depleting
potential (1)
C3H2F3Br35,6
C3H2F4Br27,5
C3H2F5Br 1,4
C3H3FBr41,9
C3H3F2Br33,1
C3H3F3Br22,5
C3H3F4Br 4,4
C3H4FBr30,3
C3H4F2Br21,0
C3H4F3Br 0,8
C3H5FBr20,4
C3H5F2Br 0,8
C3H6FBr 0,7
Group VIII CHFCl2(HCFC-21)(3) 0,040
CHF2Cl (HCFC-22)(3) 0,055
CH2FCl (HCFC-31) 0,020
C2HFCl4(HCFC-121) 0,040
C2HF2Cl3(HCFC-122) 0,080
C2HF3Cl2(HCFC-123)(3) 0,020
C2HF4Cl (HCFC-124)(3) 0,022
C2H2FCl3(HCFC-131) 0,050
C2H2F2Cl2(HCFC-132) 0,050
C2H2F3Cl (HCFC-133) 0,060
C2H3FCl2(HCFC-141) 0,070
CH3CFCl2(HCFC-141b)(3) 0,110
C2H3F2Cl (HCFC-142) 0,070
CH3CF2Cl (HCFC-142b)(3) 0,065
C2H4FCl (HCFC-151) 0,005
C3HFCl6(HCFC-221) 0,070
C3HF2Cl5(HCFC-222) 0,090
C3HF3Cl4(HCFC-223) 0,080
C3HF4Cl3(HCFC-224) 0,090
C3HF5Cl2(HCFC-225) 0,070
CF3CF2CHCl2(HCFC-225ca)(3) 0,025
CF2ClCF2CHClF (HCFC-225cb)(3) 0,033
C3HF6Cl (HCFC-226) 0,100
C3H2FCl5(HCFC-231) 0,090
C3H2F2Cl4(HCFC-232) 0,100
C3H2F3Cl3(HCFC-233) 0,230
C3H2F4Cl2(HCFC-234) 0,280
C3H2F5Cl (HCFC-235) 0,520
C3H3FCl4(HCFC-241) 0,090
C3H3F2Cl3(HCFC-242) 0,130
C3H3F3Cl2(HCFC-243) 0,120
C3H3F4Cl (HCFC-244) 0,140
C3H4FCl3(HCFC-251) 0,010
C3H4F2Cl2(HCFC-252) 0,0402000R2037 — EN — 10.03.2004 — 003.001 — 25
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Group SubstanceOzone-depleting
potential (1)
C3H4F3Cl (HCFC-253) 0,030
C3H5FCl2(HCFC-261) 0,020
C3H5F2Cl (HCFC-262) 0,020
C3H6FCl (HCFC-271) 0,030
Group IX CH2BrC1 (halon 1011 bromochloro-
methane)0,12
(1) These ozone-depleting potentials are estimates based on existing knowledge and will be reviewed and revised
periodically in the light of decisions taken by the Parties.
(2) This formula does not refer to 1,1,2-trichloroethane.
(3) Identifies the most commercially viable substance as prescribed in the Protocol.2000R2037 — EN — 10.03.2004 — 003.001 — 26
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ANNEX III
TotalquantitativelimitsonproducersandimportersplacingcontrolledsubstancesonthemarketandusingthemfortheirownaccountintheCommunit y
(calculated levels expressed in ODP tonnes)
Substance
For 12-month
periods from 1
January to 31
DecemberGroup I Group II Group III Group IV Group V Group VI(1)
For uses other than
quarantine and pre-
shipment applica-
tionsGroup VI (1)
For quarantine and
pre-shipment appli-
cationsGroup VII Group VIII
1999 0 0 0 0 0 8 665 0 8 079
2000 8 665 8 079
2001 4 621 607 6 678
2002 4 621 607 5 676
2003 2 888 607 3 005
2004 2 888 607 2 003
2005 0 607 2 003
2006 607 2 003
2007 607 2 003
2008 607 1 669
2009 607 1 669
2010 607 0
2011 607 0
2012 607 0
2013 607 0
2014 607 0
2015 607 0
(1) Calculated on the basis of ODP = 0,6.▼B2000R2037 — EN — 10.03.2004 — 003.001 — 27
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ANNEX IV
Groups, Combined Nomenclature 1999 (CN 99) Codes (1)and descriptions for the substances
referred toinAnnexesIandIII
Group CN 99 code Description
Group I 2903 4100 – – Trichlorofluoromethane
2903 4200 – – Dichlorodifluoromethane
2903 4300 – – Trichlorotrifluoroethanes
2903 4410 – – – Dichlorotetrafluoroethanes
2903 4490 –––C hloropentafluoroethane
Group II 2903 4510 –––C hlorotrifluoromethane
2903 4515 – – – Pentachlorofluoroethane
2903 4520 – – – Tetrachlorodifluoroethanes
2903 4525 – – – Heptachlorofluoropropanes
2903 4530 – – – Hexachlorodifluoropropanes
2903 4535 – – – Pentachlorotrifluoropropanes
2903 4540 – – – Tetrachlorotetrafluoropropanes
2903 4545 – – – Trichloropentafluoropropanes
2903 4550 – – – Dichlorohexafluoropropanes
2903 4555 –––C hloroheptafluoropropanes
Group III 2903 4610 – – – Bromochlorodifluoromethane
2903 4620 – – – Bromotrifluoromethane
2903 4690 – – – Dibromotetrafluoroethanes
Group IV 2903 1400 – – Carbon tetrachlorideGroup V 2903 1910 – – – 1,1,1-Trichloroethane (methylchloroform)
Group VI 2903 3033 – – – Bromomethane (methyl bromide)
Group VII 2903 4930 ––––Hydrobromofluoromethanes, -ethanes or
-propanes
Group VIII 2903 4910 ––––Hydrochlorofluoromethanes, -ethanes or
-propanes
ex 3824 7100 – – Mixtures containing one or more substances
falling within CN codes 2903 4100 to
2903 4555.
ex 3824 7900 – – Mixtures containing one or more substances
falling within CN codes 2903 4610 to
2903 4690
ex 3824 9095 ––––Mixtures containing one or more
substances falling within CN codes 29031400,
2903 1910, 2903 3033, 2903 4910 or
2903 4930
(1) An ‘ex’ before a code implies that other products than those referred to in the column ‘Description’ may fall
under that subheading.2000R2037 — EN — 10.03.2004 — 003.001 — 28
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ANNEX V
Combined Nomenclature (CN) codes for products containing controlled
substances (*)
1.Automobiles and trucks equipped withair-conditioning units
CN codes
8701 2010 – 8701 90908702 1011 – 8702 90908703 1011 – 8703 90908704 1011 – 8704 9000
8705 1000 – 8705 9090
8706 0011 – 8706 0099
2.Domestic and commercial refrigeration and air-conditioning/heat-pump
equipment
Refrigerators:
CN codes
8418 1010 – 8418 2900
8418 5011 – 8418 50998418 6110 – 8418 6999
Freezers:
CN codes
8418 1010 – 8418 2900
8418 3010 – 8418 30998418 4010 – 8418 40998418 5011 – 8418 50998418 6110 – 8418 61908418 6910 – 8418 6999
Dehumidifiers:
CN codes
8415 1000 – 8415 83908479 60008479 8910
8479 8998
Water coolers and gas liquefying units:
CN codes
8419 60008419 8998
Ice machines:
CN codes
8418 1010 – 8418 29008418 3010 – 8418 30998418 4010 – 8418 40998418 5011 – 8418 5099
8418 6110 – 8418 6190
8418 6910 – 8418 69992000R2037 — EN — 10.03.2004 — 003.001 — 29
(*) These customs codes are given for the guidance of the Member States' customs autho-
rities
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Air-conditioning and heat-pump units:
CN codes
8415 1000 – 8415 8390
8418 6110 – 8418 6190
8418 6910 – 8418 6999
8418 9910 – 8418 9990
3.Aerosol products, except medical aerosols
Food products:
CN codes
0404 9021 – 0404 9089
1517 9010 – 1517 9099
2106 9092
2106 9098
Paints and varnishes, prepared water pigments and dyes:
CN codes
3208 1010 – 3208 1090
3208 2010 – 3208 2090
3208 9011 – 3208 9099
3209 1000 – 3209 9000
3210 0010 – 3210 0090
3212 9090
Perfumery, cosmetic or toilet preparations:
CN codes
3303 0010 – 3303 0090
3304 3000
3304 9900
3305 1000 – 3305 9090
3306 1000 – 3306 9000
3307 1000 – 3307 3000
3307 4900
3307 9000
Surface-active preparations:
CN codes
3402 2010 – 3402 2090
Lubricating preparations:
CN codes
2710 0081
2710 0097
3403 1100
3403 1910 – 3403 1999
3403 9100
3403 9910 – 3403 9990
Household preparations:
CN codes
3405 1000
3405 2000
3405 3000
3405 40002000R2037 — EN — 10.03.2004 — 003.001 — 30
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3405 9010 – 3405 9090
Articles of combustible materials:
CN codes
3606 1000
Insecticides, rodenticides, fungicides, herbicides, etc.:
CN codes
3808 1010 – 3808 1090
3808 2010 – 3808 20803808 3011 – 3808 30903808 4010 – 3808 40903808 9010 – 3808 9090
Finishing agents, etc.:
CN codes
3809 1010 – 3809 10903809 9100 – 3809 9300
Preparations and charges for fire-extinguishers; charged fire-extinguishing
grenades:
CN codes
3813 0000
Organic composite solvents, etc.:
CN codes
3814 0010 – 3814 0090
Prepared de-icing fluids:
CN codes
3820 0000
Products of the chemical or allied industries:
CN codes
3824 90103824 90353824 90403824 9045 – 3824 9095
Silicones in primary forms:
CN codes
3910 0000
Arms:
CN codes
9304 0000
4.Portable fire extinguishers
CN codes
8424 1010 – 8424 1099
5.Insulation boards, panels and pipe covers
CN codes
3917 2110 – 3917 4090
3920 1023 – 3920 9990
3921 1100 – 3921 90902000R2037 — EN — 10.03.2004 — 003.001 — 31
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3925 1000 – 3925 9080
3926 9010 – 3926 9099
6.Pre-polymers
CN codes
3901 1010 – 3911 90992000R2037 — EN — 10.03.2004 — 003.001 — 32
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ANNEX VI
Processesinwhichcontrolledsubstancesareusedasprocessingagents
— Use of carbon tetrachloride for the elimination of nitrogen trichloride in the
production of chlorine and caustic soda,
— Use of carbon tetrachloride in the recovery of chlorine in tail gas from
production of chlorine,
— Use of carbon tetrachloride in the manufacture of chlorinated rubber,— Use of carbon tetrachloride in the manufacture of isobutyl acetophenone
(ibuprofen-analgesic),
— Use of carbon tetrachloride in the manufacture of polyphenyleneterephtala-
mide,
— Use of CFC-11 in manufacture of fine synthetic polyolefin fibre sheet,— Use of CFC-113 in the manufacture of vinorelbine (pharmaceutical product),— Use of CFC-12 in the photochemical synthesis of perfluoropolyetherpolyper-
oxide precursors of Z-perfluoropolyethers and difunctional derivatives,
— Use of CFC-113 in the reduction of perfluoropolyetherpolyperoxide inter-
mediate for production of perfluoropolyether diesters,
— Use of CFC-113 in the preparation of perfluoropolyether diols with high
functionality,
— Use of carbon tetrachloride in the production of tralomethrine (insecticide).
Also the use of HCFCs in the above processes when used to replace CFC or
carbon tetrachloride.2000R2037 — EN — 10.03.2004 — 003.001 — 33
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ANNEX VII
Critical usesofhalon
Use of halon 1301:
— in aircraft for the protection of crew compartments, engine nacelles, cargo
bays and dry bays, and fuel tank inerting,
— in military land vehicles and naval vessels for the protection of spaces occu-
pied by personnel and engine compartments,
— for the making inert of occupied spaces where flammable liquid and/or gas
release could occur in the military and oil, gas and petrochemical sector, and
in existing cargo ships,
— for the making inert of existing manned communication and command
centres of the armed forces or others, essential for national security,
— for the making inert of spaces where there may be a risk of dispersion of
radioactive matter,
— in the Channel Tunnel and associated installations and rolling stock.
Use of halon 1211:
— in military land vehicles and naval vessels for the protection of spaces occu-
pied by personnel and engine compartments,
— in hand-held fire extinguishers and fixed extinguisher equipment for engines
for use on board aircraft,
— in aircraft for the protection of crew compartments, engine nacelles, cargo
bays and dry bays,
— in fire extinguishers essential to personal safety used for initial extinguishing
by fire brigades,
— in military and police fire extinguishers for use on persons.
Use of halon 2402 only in Cyprus, the Czech Republic, Estonia, Hungary,
Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia:
— in aircraft for the protection of crew compartments, engine nacelles, cargo
bays and dry bays and fuel tank inerting,
— in military land vehicles and naval vessels for the protection of spaces occu-
pied by personnel and engine compartments,
— for the making inert of occupied spaces where flammable liquid and/or gas
release could occur in the military and oil, gas and petrochemical sectors,
and in existing cargo ships,
— for the making inert of existing manned communication and command
centres of the armed forces or others, essential for national security,
— for the making inert of spaces where there may be a risk of dispersion of
radioactive matter,
— in hand-held fire extinguishers and fixed extinguisher equipment for engines
for use on board aircraft,
— in fire extinguishers essential to personal safety used for initial extinguishing
by fire brigades,
— in military and police fire extinguishers for use on persons.2000R2037 — EN — 10.03.2004 — 003.001 — 34
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