This document is meant purely as 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
of 29 June 2000
on substances that deplete the ozone layer
(OJ L 244, 29.9.2000, p. 1)
Amended by:
Official Journal
No page date
"M1 Regulation (EC) No 2038/2000 of the European Parliament and of the
Council of 28 September 2000 L 244 25 29.9.2000
"M2 Regulation (EC) No 2039/2000 of the European Parliament and of the
Council of 28 September 2000 L 244 26 29.9.20002000R2037 — EN — 30.09.2000 — 000.001 — 1
REGULATION (EC) No 2037/2000 OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL
of 29 June 2000
on substances that deplete the ozone layer
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 with the 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 damage to the ozone layer.
Ozone depletion in the southern hemisphere reached unprecedentedlevels in 1998. In three out of four recent springs severe ozone depletionhas occurred in the Arctic region. Increased UV -B radiation resulting
from ozone depletion poses a significant threat to health and
environment. Further efficient measures need therefore to be taken inorder to protect human health and the environment against adverse
effects resulting from such emissions.
(2) In view of its responsibilities for the environment and trade, the
Community, pursuant to Decision 88/540/EEC (
4), has become a Party
to the Vienna Convention for the Protection of the Ozone Layer and theMontreal Protocol on Substances that Deplete the Ozone Layer, as
amended by the Parties to the Protocol at their second meeting in
London and at their fourth meeting in Copenhagen.
(3) Additional measures for the protection of the ozone layer were adopted
by the Parties to the Montreal Protocol at their seventh meeting in
Vienna in December 1995 and at their ninth meeting in Montreal in
September 1997, in which the Community participated.
(4) It is necessary for action to be taken at Community level to carry out the
Community’s obligations under the Vienna Convention and the latestamendments and adjustments to the Montreal Protocol, in particular to
phase out the production and the placing on the market of methyl
bromide within the Community and to provide for a system for thelicensing not only of imports but also of exports of ozone-depleting
substances.
(5) In view of the earlier than anticipated availability of technologies for
replacing ozone-depleting substances, it is appropriate in certain casesto provide for control measures which are stricter than those providedfor in Council Regulation (EC) No 3093/94 of 15 December 1994 on
substances that deplete the ozone layer (
5) and stricter than those of the
Montreal Protocol.
(6) Regulation (EC) No 3093/94 must be modified substantially. It is in the
interest of legal clarity and transparency to revise that Regulation
completely.!B
(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 Position of 23 February1999 (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.
(5) OJ L 333, 22.12.1994, p. 1.2000R2037 — EN — 30.09.2000 — 000.001 — 2
(7) Under Regulation (EC) No 3093/94 the production of chlorofluoro-
carbons, other fully halogenated chlorofluorocarbons, halons, carbontetrachloride, 1,1,1-trichloroethane and hydrobromofluorocarbons hasbeen phased out. The production of those controlled substances is thus
prohibited, subject to possible derogation for essential uses and to meet
the basic domestic needs of Parties pursuant to Article 5 of the MontrealProtocol. It is now also appropriate progressively to prohibit the placingon the market and use of those substances and of products and
equipment containing those substances.
(8) Even after the phase-out of controlled substances the Commission may
under certain conditions grant exemptions for essential uses.
(9) The growing availability of alternatives to methyl bromide should be
reflected in more substantial reductions in its production andconsumption compared to the Montreal Protocol. The production and
consumption of methyl bromide should cease completely subject to
possible derogations for critical uses determined at Community levelfollowing the criteria established under the Montreal Protocol. Also theuse of methyl bromide for quarantine and preshipment applications
should be controlled. Such use should not exceed current levels and
ultimately be reduced in the light of technical development anddevelopments 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 hydrochlorofluorocarbons do not continueto be used where non-ozone-depleting alternatives exist. Measures for
the control of the production of hydrochlorofluorocarbons should be
taken by all Parties to the Montreal Protocol. A freeze on production ofhydrochlorofluorocarbons would reflect that need and the Community’sdetermination to take a leading role in this respect. The quantities
produced should be adapted to the reductions envisaged for the placing
on the Community market of hydrochlorofluorocarbons and to thedeclining demand worldwide as a consequence of reductions in theconsumption of hydrochlorofluorocarbons required by the Protocol.
(11) The Montreal Protocol, in Article 2F(7), requires the Parties to
endeavour to ensure that the use of hydrochlorofluorocarbons is limited
to those applications where other more environmentally suitablealternative substances or technologies are not available. In view of theavailability of alternative and substitute technologies, the placing on the
market and use of hydrochlorofluorocarbons and products containing
hydrochlorofluorocarbons can be further limited. Decision VI/13 of theMeeting of the Parties to the Montreal Protocol provides that the
evaluation of alternatives to hydrochlorofluorocarbons should take into
account such factors as ozone-depleting potential, energy efficiency,potential flammability, toxicity and global warming and the potentialimpacts on the effective use and phase-out of chlorofluorocarbons and
halons. Hydrochlorofluorocarbon controls under the Montreal Protocol
should be considerably tightened to protect the ozone layer and toreflect the availability of alternatives.
(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 products containing
controlled substances from States not party to the Montreal Protocolshould 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-depleting substances and to allow for exchange
of information between Parties.
(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 be required from
producers, importers and exporters of controlled substances.!B2000R2037 — EN — 30.09.2000 — 000.001 — 3
(16) The measures necessary for the implementation of this Regulation
should be adopted in accordance with Council Decision 1999/468/EC of28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (
1).
(17) Decision X/8 of the 10th meeting of the Parties to the Montreal Protocol
encourages Parties to take measures actively, as appropriate, to
discourage the production and marketing of new ozone-depletingsubstances and in particular of bromochloromethane. To this end amechanism should be established to provide for new substances to be
addressed by this Regulation. The production, importation, placing on
the market and use of bromochloromethane should be prohibited.
(18) The switch to new technologies or alternative products, required
because the production and use of controlled substances are to bephased out, could lead to problems for small and medium-sized
enterprises (SMEs) in particular. The Member States should therefore
consider providing appropriate forms of assistance specifically toenable SMEs to make the necessary changes,
HA VE ADOPTED THIS REGULATION:
CHAPTER I
INTRODUCTORY PROVISIONS
Article 1
Scope
This Regulation shall apply to the production, importation, exportation,
placing on the market, use, recovery, recycling and reclamation and
destruction of chlorofluorocarbons, other fully halogenated chlorofluor-
ocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide,hydrobromofluorocarbons and hydrochlorofluorocarbons, to the reporting of
information on these substances and to the importation, exportation, placing
on the market and 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.
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 integration organi-sation that has not agreed to be bound by the provisions of the Protocol
applicable to that substance,
— ‘controlled substances’ means chlorofluorocarbons, other fully halogen-
ated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroe-
thane, methyl bromide, hydrobromofluorocarbons and hydrochlorofluor-ocarbons, whether alone or in a mixture, and whether they are virgin,
recovered, recycled or reclaimed. This definition shall not cover any
controlled substance which is in a manufactured product other than acontainer used for the transportation or storage of that substance, orinsignificant quantities of any controlled substance, originating from
inadvertent or coincidental production during a manufacturing process,
from unreacted feedstock, or from use as a processing agent which ispresent 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,!B
(1) OJ L 184, 17.7.1999, p. 23.2000R2037 — EN — 30.09.2000 — 000.001 — 4
— ‘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,
— ‘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 definition
shall cover substances whether alone or in a mixture, and whether they
are virgin, recovered, recycled or reclaimed. This definition shall notcover any substance which is in a manufactured product other than acontainer used for transportation or storage of that substance, or
insignificant quantities of any new substance, originating from
inadvertent or coincidental production during a manufacturing processor from unreacted feedstock,
— ‘feedstock’ means any controlled substance or new substance that
undergoes chemical transformation in a process in which it is entirely
converted from its original composition and whose emissions areinsignificant,
— ‘processing agent’ means controlled substances used as chemical
processing agents in those applications listed in Annex VI, in installations
existing at 1 September 1997, and where emissions are insignificant. TheCommission shall, in the light of those criteria and in accordance with the
procedure referred to in Article 18(2), establish a list of undertakings in
which the use of controlled substances as processing agents shall bepermitted, laying down maximum emission levels for each of theundertakings concerned. It may, in accordance with the procedure
referred to in Article 18(2), amend Annex VI as well as the list of
undertakings referred to above in the light of new information ortechnical developments, including the review provided for in DecisionX/14 of the Meeting of 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 Parties and less the
amount entirely used as feedstock or as a processing agent in the
manufacture of other chemicals. No amount recovered, recycled orreclaimed shall be considered as ‘production’,
— ‘ozone-depleting potential’ means the figure specified in the third
column of Annex I representing the potential effect of each controlledsubstance on the ozone layer,
— ‘calculated level’ means a quantity determined by multiplying the
quantity of each controlled substance by its ozone-depleting potential and
by adding together, for each group of controlled substances in Annex Iseparately, 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 optimisingeconomic efficiency or responding to anticipated shortfalls in supply as aresult of plant closures,
— ‘placing on the market’ means the supplying or making available to third
persons, against payment or free of charge, of controlled substances orproducts containing controlled substances covered by this Regulation,
— ‘use’ means the utilisation of controlled substances in the production or
maintenance, in particular refilling, of products or equipment or in otherprocesses except for feedstock and processing agent uses,!B2000R2037 — EN — 30.09.2000 — 000.001 — 5
— ‘reversible air-conditioning/heat pump system’ means a combination of
interconnected refrigerant-containing parts constituting one closedrefrigeration circuit, in which the refrigerant is circulated for the purposeof 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 October 1992establishing the Community Customs Code (
1),
— ‘recovery’ means the collection and the storage of controlled substances
from, for example, machinery, equipment and containment vessels during
servicing or before disposal,
— ‘recycling’ means the reuse of a recovered controlled substance following
a basic cleaning process such as filtering and drying. For refrigerants,recycling normally involves recharge back into equipment as is oftencarried 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 substance to
a specified standard of performance, which often involves processing offsite at a central facility,
— ‘undertaking’ means any natural or legal person who produces, recycles
for placing on the market or uses controlled substances for industrial or
commercial purposes in the Community, who releases such imported
substances for free circulation in the Community, or who exports suchsubstances from the Community for industrial or commercial purposes.
CHAPTER II
PHASE-OUT SCHEDULE
Article 3
Control of production of controlled 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.
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 anyessential uses for which the production and importation of controlled
substances referred to in the first subparagraph may be permitted in the
Community and those users who may take advantage of those essential uses.Such production and importation shall be allowed only if no adequatealternatives or recycled or reclaimed 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 calculated level ofits 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!B
(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 ).2000R2037 — EN — 30.09.2000 — 000.001 — 6
period thereafter does not exceed 40 % of the calculated 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 calculated 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 bromide produced for quarantineand preshipment applications.
(ii) In the light of the proposals made by Member States, the
Commission shall, in accordance with the procedure referred to inArticle 18(2), apply the criteria set out in Decision IX/6 of theParties, together with any other relevant criteria agreed by the
Parties, in order to determine every year any critical uses for which
the production, importation and use of methyl bromide may bepermitted in the Community after 31 December 2004, the quantitiesand uses to be permitted and those users who may take advantage of
the critical exemption. Such production and importation shall be
allowed only if no adequate alternatives or recycled or reclaimedmethyl bromide is available from any of the Parties.
In an emergency, where unexpected outbreaks of particular pests or
diseases so require, the Commission, at the request of the competentauthority of a Member State, may authorise the temporary use of
methyl bromide. Such authorisation shall apply 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 periodthereafter does not exceed the calculated level of its production ofhydrochlorofluorocarbons in 1997;
(b) the calculated level of its production of hydrochlorofluorocarbons in the
period 1 January 2008 to 31 December 2008 and in each 12-month periodthereafter does not exceed 35 % of the calculated level of its productionof hydrochlorofluorocarbons in 1997;
(c) the calculated level of its production of hydrochlorofluorocarbons in the
period 1 January 2014 to 31 December 2014 and in each 12-month periodthereafter does not exceed 20 % of the calculated level 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 each 12-month periodthereafter 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 hydrochlorofluoro-
carbon consumption worldwide, the hydrochlorofluorocarbon exports fromthe Community and other OECD countries and the technical and economic
availability of alternative substances or technologies as well as relevant
international developments under the Protocol.
4. The Commission shall issue licences to those users identified in
accordance with the second subparagraph of paragraph 1 and paragraph 2(ii)
and shall notify them of the use for which they have authorisation and the
substances and quantities thereof that they are authorised to use.!B2000R2037 — EN — 30.09.2000 — 000.001 — 7
5. A producer may be authorised by the competent authority of the Member
State in which that producer’ s relevant production is situated to produce thecontrolled substances referred to in paragraphs 1 and 2 for the purpose ofmeeting 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 any such authorisation.
6. The competent authority of the Member State in which a producer’ s
relevant production is situated may authorise that producer to exceed thecalculated levels of production laid down in paragraphs 1 and 2 in order to
satisfy the basic domestic needs of Parties pursuant to Article 5 of the
Protocol, provided that the additional calculated levels of production of theMember State concerned do not exceed those permitted for that purpose byArticles 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 of its intention to issue any such authorisation.
7. To the extent permitted by the Protocol, the competent authority of the
Member State in which a producer’ s relevant production is situated mayauthorise that producer to exceed the calculated levels of production laid
down in paragraphs 1 and 2 in order to satisfy any essential, or critical, uses of
Parties at their request. The competent authority of the Member Stateconcerned shall notify the Commission in advance of its intention to issue any
such authorisation.
8. To the extent permitted by the Protocol, the competent authority of the
Member State in which a producer’ s relevant production is situated may
authorise that producer to exceed the calculated levels of production laiddown in paragraphs 1 to 7 for the purpose of industrial rationalisation within
the Member State concerned, provided that the calculated levels of production
of that Member State do not exceed the sum of the calculated levels ofproduction of its domestic producers as laid down in paragraphs 1 to 7 for theperiods in question. The competent authority of the Member State concerned
shall notify the Commission in advance of its intention to issue any such
authorisation.
9. To the extent permitted by the Protocol, the Commission may, in
agreement with the competent authority of the Member State in which aproducer’ s relevant production is situated, authorise that producer to exceed
the calculated levels of production laid down in paragraphs 1 to 8 for the
purpose of industrial rationalisation between Member States, provided thatthe combined calculated levels of production of the Member States concerneddo not exceed the sum of the calculated levels of production of their domestic
producers as laid down in paragraphs 1 to 8 for the periods in question. The
agreement of the competent authority of the Member State in which it isintended to reduce 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 State in which a
producer’ s relevant production is situated and the government of the third
Party concerned, authorise a producer to combine the calculated levels ofproduction laid down in paragraphs 1 to 9 with the calculated levels of
production allowed to a producer in a third Party under the Protocol and that
producer’ s national legislation for the purpose of industrial rationalisationwith a third Party, provided that the combined calculated levels of productionby the two producers do not 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 underthe Protocol 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; and!B2000R2037 — EN — 30.09.2000 — 000.001 — 8
(f) hydrobromofluorocarbons.
The Commission may, following a request by a competent authority of a
Member State and in accordance with the procedure referred to in Article
18(2), authorise a temporary exemption to allow the use of chlorofluoro-
carbons until 31 December 2004 in delivery mechanisms for hermeticallysealed devices designed for implantation in the human body for delivery ofmeasured doses of medication, and until 31 December 2008, in existing
military applications, where it is demonstrated that, for a particular use,
technically and economically feasible alternative substances or technologiesare not available or cannot be used.
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 each 12-month period thereafterdoes not exceed 75 % of the calculated level of methyl bromidewhich it placed on the market or used 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 each 12-month period thereafter
does not exceed 40 % of the calculated level of methyl bromidewhich it placed on the market or used 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 each 12-month period thereafter
does not exceed 25 % of the calculated level of methyl bromidewhich it placed on the market or used for its own account in1991;
(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 accordancewith the procedure referred to in Article 18(2), adjust the calculated levelof methyl bromide referred to in Article 3(2) (i) (c) and subparagraph (c)
where it is demonstrated that this is necessary to meet the needs of that
Member State, because technically and economically feasible alternativesor substitutes that are acceptable from the standpoint of environment 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 of alternatives 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 and importers
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 methyl bromide produced
or imported for quarantine and preshipment applications. For the
period 1 January 2001 to 31 December 2001 and for each 12-monthperiod thereafter, each producer and importer shall ensure that thecalculated level of methyl bromide which it places on the market or
uses for its own account for quarantine and preshipment applications
shall not exceed the average of the calculated level of methylbromide which it placed on the market or used for its own account
for quarantine 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 and preship-
ment 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 calculated level of
methyl bromide which producers and importers may place on themarket or use for their own account for quarantine and preshipmentin the light of technical and economic availability of alternative
substances or technologies and of the relevant international
developments under the Protocol.!B2000R2037 — EN — 30.09.2000 — 000.001 — 9
(iv) The total quantitative limits for the placing on the market or use for
their own account by producers and importers of methyl bromide areset out in Annex III.
3. (i) Subject to paragraphs 4 and 5 and to Article 5(5):
(a) the calculated level of hydrochlorofluorocarbons which pro-
ducers and importers place on the market or use for their own
account in the period 1 January 1999 to 31 December 1999 andin 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 or used fortheir 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 pro-
ducers and importers place on the market or use for their own
account in the period 1 January 2001 to 31 December 2001 shallnot exceed the sum of:
— 2,0 % of the calculated level of chlorofluorocarbons which
producers and importers placed on the market or used fortheir own account in 1989, and
— the calculated level of hydrochlorofluorocarbons which
producers and importers placed on the market or used fortheir own account in 1989;
(c) the calculated level of hydrochlorofluorocarbons which pro-
ducers and importers place on the market or use for their own
account in the period 1 January 2002 to 31 December 2002 shall
not exceed 85 % of the level calculated pursuant to subparagraph(b);
(d) the calculated level of hydrochlorofluorocarbons which pro-
ducers and importers place on the market or use for their ownaccount in the period 1 January 2003 to 31 December 2003 shall
not exceed 45 % of the level calculated pursuant to subparagraph
(b);
(e) the calculated level of hydrochlorofluorocarbons which pro-
ducers and importers place on the market or use for their ownaccount in the period 1 January 2004 to 31 December 2004 andin each 12-month period thereafter shall not exceed 30 % of the
level calculated pursuant to subparagraph (b);
(f) the calculated level of hydrochlorofluorocarbons which pro-
ducers and importers place on the market or use for their own
account in the period 1 January 2008 to 31 December 2008 andin each 12-month period thereafter shall not exceed 25 % of thelevel calculated pursuant to subparagraph (b);
(g) producers and importers shall not place hydrochlorofluoro-
carbons on the market or use them for their own account after 31
December 2009;
(h) each producer and importer shall ensure that the calculated level
of hydrochlorofluorocarbons which it places on the market or
uses for its own account in the period 1 January 2001 to 31
December 2001 and in the 12-month period thereafter shall notexceed, as a percentage of the calculated levels set out in (a) to
(c),
"M2 the percentage share assigned to it in 1999 3.
(ii) Before 1 January 2001, the Commission shall, in accordance with the
procedure referred to in Article 18(2), determine a mechanism for
the allocation of quotas to each producer and importer of the
calculated levels set out in (d) to (f), applicable for the period 1January 2003 to 31 December 2003 and for each 12-month period
thereafter.
(iii) In the case of producers, the quantities referred to in this paragraph
shall apply to the amounts of virgin hydrochlorofluorocarbons which
they place on the market or use for their own account within the
Community and which were produced in the Community.!B2000R2037 — EN — 30.09.2000 — 000.001 — 10
(iv) The total quantitative limits for the placing on the market or use for
their own account by producers and importers of hydrochlorofluoro-carbons 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 theCommunity 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 Article 3(1) and to
meet the licensed requests for critical uses of those users
identified as laid down in Article 3(2) or to meet therequests for temporary emergency applications 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 for the
maintenance or servicing of refrigeration and air-conditioningequipment 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-conditioning
equipment or in fingerprinting processes until 31 December 2000.
(iv) Paragraph 1(c) shall not apply to the placing on the market and use of
halons that have been recovered, recycled or reclaimed in existing
fire protection systems until 31 December 2002 or to the placing onthe market and use of haloes for critical uses as set out in Annex VII.Each year the competent authorities of the Member States shall
notify to the Commission the quantities of haloes used for critical
uses, the measures taken to reduce their emissions and an estimate ofsuch emissions, and the current activities to identify and useadequate alternatives. Each year the Commission shall review the
critical uses listed in Annex VII and, if necessary, adopt
modifications in accordance with the procedure referred to inArticle 18(2).
(v) Except for uses listed in Annex VII, fire protection systems and fire
extinguishers containing halons shall be decommissioned before 31
December 2003, and halons shall be recovered in accordance with
Article 16.
5. Any producer or importer entitled to place controlled substances referred
to in this Article on the market or use them for its own account may transferthat right in respect of all or any quantities of that group of substances fixed in
accordance with this Article to any other producer or importer of that group of
substances within the Community. Any such transfer shall be notified inadvance to the Commission. The transfer of the right to place on the market oruse shall not imply the further right to produce or to import.
6. The importation and placing on the market of products and equipment
containing chlorofluorocarbons, other fully halogenated chlorofluorocarbons,
halons, carbon tetrachloride, 1,1,1-trichloroethane and hydrobromofluoro-
carbons shall be prohibited, with the exception of products and equipment forwhich the use of the respective controlled substance has been authorised in
accordance with the second subparagraph of Article 3(1) or is listed in Annex
VII. Products and equipment shown to be manufactured before the entry intoforce of this Regulation shall not be covered by this prohibition.
Article 5
Control of the use of hydrochlorofluorocarbons
1. Subject to the following conditions, the use of hydrochlorofluorocarbons
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 in closed equipment,!B2000R2037 — EN — 30.09.2000 — 000.001 — 11
for drain cleaning where hydrochlorofluorocarbons are not re-
covered;
(ii) from 1 January 2002, in all solvent uses, with the exception of
precision cleaning of electrical and other components in aerospace
and aeronautics applications where the prohibition shall enter intoforce 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 formilitary uses where the prohibition shall enter into force on 31December 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-conditioning
equipment produced after 31 December 2000, with the exception offixed air-conditioning equipment, with a cooling capacity of lessthan 100 kW , where the use of hydrochlofluorocarbons shall be
prohibited from 1 July 2002 in equipment produced after 30 June
2002 and of reversible air-conditioning/heat pump systems where theuse of hydrochlorofluorocarbons shall be prohibited from 1 January2004 in all equipment produced after 31 December 2003;
(v) from 1 January 2010, the use of virgin hydrochlorofluorocarbons
shall be prohibited in the maintenance and servicing of refrigeration
and air-conditioning equipment existing at that date; all hydro-
chlorofluorocarbons shall be prohibited from 1 January 2015.
Before 31 December 2008 the Commission shall review the technical
and economic availability of alternatives to recycled hydrochloro-
fluorocarbons.
The review shall take into account the availability of technically and
economically feasible alternatives to hydrochlorofluorocarbons inexisting refrigeration equipment with the view to avoiding undueabandonment of equipment.
Alternatives for consideration should have a significantly less
harmful effect on the environment than hydrochlorofluorocarbons.
The Commission shall submit the result of the review to the
European Parliament and to the Council. It shall, as appropriate, inaccordance with the procedure referred to in Article 18(2), take a
decision on whether to adapt the date of 1 January 2015;
(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 insulating foams;
(iii) from 1 January 2002, for the production of extruded polystyrene
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 foams and of
polyurethane sandwich panels, except where these last two are usedfor insulated transport;
(v) from 1 January 2004, for the production of all foams, including
polyurethane spray and block foams;!B2000R2037 — EN — 30.09.2000 — 000.001 — 12
(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 hydrochlorofluoro-
carbons shall be permitted:
(a) in laboratory uses, including research and development;(b) as feedstock;(c) as a processing agent.3. By way of derogation from paragraph 1, the use of hydrochlorofluor-
ocarbons as fire-fighting agents in existing fire protection systems may be
permitted for replacing halons in applications listed in Annex VII under thefollowing 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 halonsconcerned.
4. The importation and placing on the market of products and equipment
containing hydrochlorofluorocarbons for which a use restriction is in force
under this Article shall be prohibited from the date on which the userestriction comes into force. Products and equipment shown to be manu-factured before the date of that use restriction shall not be covered by this
prohibition.
5. Until 31 December 2009, the use restrictions under this Article shall not
apply to the use of hydrochlorofluorocarbons for the production of productsfor 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 this Regulationor 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 procedure referred to in Article
18(2), authorise a time-limited exemption to allow the use and placing on the
market of hydrochlorofluorocarbons in derogation from paragraph 1 andArticle 4(3) where it is demonstrated that, for a particular use, technically and
economically feasible alternative substances or technologies are not available
or cannot be used. The Commission shall immediately inform the MemberStates of any exemptions granted.
CHAPTER III
TRADE
Article 6
Licences to import from third countries
1. The release for free circulation in the Community or inward processing of
controlled substances shall be subject to the presentation of an import licence.Such licences shall be issued by the Commission after verification of
compliance with Articles 6, 7, 8 and 13. The Commission shall forward a
copy of each licence to the competent authority of the Member State intowhich the substances concerned are to be imported. Each Member State shallappoint a competent authority for that purpose. Controlled substances listed in
groups I, II, III, IV and V as listed in Annex I shall not be imported for inward
processing.!B2000R2037 — EN — 30.09.2000 — 000.001 — 13
2. The licence, when related to an inward-processing procedure, shall be
issued only if the controlled substances are to be used in the customs territoryof the Community under the system of suspension provided for in Article114(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. Thelicence shall only be issued following approval of the competent authority ofthe Member State in which 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-processingprocedure as referred to in paragraph 2;
(d) a description of each controlled 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 3 and AnnexIV .
Article 7
Imports of controlled substances from third countries
The release for free circulation in the Community of controlled substances
imported from third countries shall be subject to quantitative limits. Thoselimits shall be determined and quotas allocated to undertakings for the period1 January to 31 December 1999 and for each 12-month period thereafter in
accordance with the procedure referred 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;
(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 for destruction in theCommunity by technologies approved by the Parties.
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 the Protocol shall
be prohibited.!B2000R2037 — EN — 30.09.2000 — 000.001 — 14
Article 9
Imports of products containing controlled substances from a State not
party to the Protocol
1. The release for free circulation in the Community of products and
equipment containing controlled substances imported from any State not
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 of the Member States’customs authorities. The Commission may, in accordance with the 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 State
not party to the Protocol
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 produced using controlled substancesbut do not contain substances which can be positively identified as controlledsubstances, imported from any State not party to the Protocol. The
identification of such products shall comply 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-trich-
loroethane and hydrobromofluorocarbons or products and equipment, other
than personal effects, containing those substances or whose continuingfunction relies on supply of those substances shall be prohibited. This
prohibition shall not apply to exports 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 essential or
critical uses of Parties;
(c) products and equipment containing controlled substances produced under
Article 3(5) or imported under Article 7(b);
(d) products and equipment containing halon, to satisfy critical uses listed in
Annex VII;
(e) controlled substances to be used for feedstock and processing agent
applications;
(f) metered dose inhalers and delivery mechanisms containing chlorofluoro-
carbons for hermetically sealed devices for implantation in the humanbody for delivery of measured doses of medication which, under Article
4(1), may be given a temporary authorisation in accordance with the
procedure referred to in Article 18(2).
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
hydrochlorofluorocarbons to any State not party to the Protocol shall be
prohibited. The Commission shall, in accordance with the procedure referred
to in Article 18(2), examine the above date in the light of relevantinternational developments under the Protocol and modify it as appropriate.!B
!M1
!B2000R2037 — EN — 30.09.2000 — 000.001 — 15
Article 12
Export authorisation
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 31 December 2001 and for each
12-month period thereafter after verification of compliance with Article 11.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;
(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 relation to the datanotified under paragraph 2. Each exporter shall report to the Commission inaccordance with Article 19.
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 with any
State not party to the Protocol in controlled substances and products whichcontain or are produced by means of one or more such substances may be
authorised by the Commission, to the extent that the State not party to the
Protocol is determined by a meeting of the Parties to be in full compliancewith 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 in Article 18(2) of this Regulation.
Article 14
Trade with a territory not covered by the Protocol
1. Subject to any decision taken under paragraph 2, 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 to that effect as
specified in Article 7 of the Protocol, the Commission may decide that someor all of the provisions of Articles 8, 9 and 11 of this Regulation shall notapply in respect of that territory.
The Commission shall take its decision in accordance with the procedure
referred to in Article 18(2).
Article 15
Notification of Member States
The Commission shall immediately notify the Member States of any measures
it adopts pursuant to Articles 6, 7, 9, 12, 13 and 14.!B2000R2037 — EN — 30.09.2000 — 000.001 — 16
CHAPTER IV
EMISSION CONTROL
Article 16
Recovery of used controlled substances
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 technology, or forrecycling or reclamation during the servicing and maintenance of equipmentor 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 be recovered, if
practicable, and dealt with as provided in paragraph 1.
4. Controlled substances shall not be placed on the market in disposable
containers, except for essential uses.
5. Member States shall take steps to promote the recovery, recycling,
reclamation and destruction of controlled substances and shall assign to users,refrigeration technicians or other appropriate bodies responsibility for
ensuring compliance with the provisions of paragraph 1. Member States
shall define the minimum qualification requirements for the personnelinvolved. By 31 December 2001 at the latest, Member States shall report tothe Commission on the programmes related 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 otherrelevant information, the Commission, as appropriate, shall propose measures
regarding those minimum qualification requirements.
6. Member States shall report to the Commission by 31 December 2001 on
the systems established to promote the recovery of used controlled substances,including the facilities available and the quantities of used controlledsubstances 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
Leakages of controlled substances
1. All precautionary measures practicable shall be taken to prevent and
minimise leakages of controlled substances. In particular, fixed equipment
with a refrigerating fluid charge of more than 3 kg shall be checked for
leakages annually. Member States shall define the minimum qualificationrequirements 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 qualification requirements. The Commission shall evaluate themeasures taken by the Member States. In the light of this evaluation and oftechnical and other 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 substances leaking fromcommercial and industrial air-conditioning and refrigeration equipment, from!B
(1) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision
96/350/EC (OJ L 135, 6.6.1996, p. 32).2000R2037 — EN — 30.09.2000 — 000.001 — 17
fire-protection systems and from equipment containing solvents as well as, as
appropriate, to technical requirements with respect to the leakproofness ofrefrigeration 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 isused in soil fumigation, the use of virtually impermeable films for a sufficient
time, or other techniques ensuring at least the same level of environmental
protection shall be mandatory. Member States shall define the minimumqualification requirements for the personnel involved.
3. All precautionary measures practicable shall be taken to prevent and
minimise leakages of controlled substances used as feedstock and as
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 dis-
semination of notes describing best available technologies and best
environmental practices concerning the prevention and minimisation ofleakages and emissions of controlled substances.
CHAPTER V
COMMITTEE, REPORTING, INSPECTION AND PENALTIES
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 of Article 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 Commission, sending a copyto the competent authority of the Member State concerned, data as specifiedbelow for each controlled 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) Each producer shall communicate:
— its total production of each controlled substance,— any production placed on the market or used for the producer’ s own
account within the Community, separately identifying production for
feedstock, processing agent, quarantine and preshipment and otheruses,
— any production to meet the essential uses in the Community, licensed
in accordance with Article 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 with industrial rationalisation,
— any quantities recycled, reclaimed or destroyed,!B2000R2037 — EN — 30.09.2000 — 000.001 — 18
— 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-agentuses, for essential or critical uses licensed in accordance with Article3(4), for use in quarantine and preshipment applications and for
destruction,
— any quantities of controlled substances entering the Community
under the inward-processing procedure,
— any quantities of used controlled substances imported for recycling
or reclamation,
— any stocks.
(c) Each exporter, including any producers who also export, shall
communicate:
— any quantities of controlled substances exported from the Commu-
nity, including substances which are re-exported under the inward
processing procedure, separately identifying quantities exported toeach country of destination and quantities exported for feedstock and
processing agent uses, essential uses, critical uses, quarantine and
preshipment uses, to meet the basic domestic needs of Partiespursuant to Article 5 of the Protocol and for destruction,
— any quantities of used controlled substances exported for recycling or
reclamation,
— any stocks.
2. Every year before 31 December, Member States’ customs authorities
shall return to the Commission the stamped used licence documents.
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 Stateconcerned, the nature of the use, the quantities used during the previous year,
the quantities held in stock, any quantities recycled or destroyed, and the
quantity of products containing those substances placed on the Communitymarket 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 ofthe emissions which occurred during such use.
5. The Commission shall take appropriate steps to protect the confiden-
tiality 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 practicalapplication 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 andcompetent authorities of the Member States and from undertakings.
2. When requesting information from an undertaking the Commission shall
at the same time forward a copy of the request to the competent authority of
the Member State within the territory of which the undertaking’ s seat issituated, together with a statement of the reasons why that information is
required.
3. The competent authorities of the Member States shall carry out the
investigations which the Commission considers necessary under thisRegulation. Member States shall also conduct random checks on imports of
controlled substances, and communicate the schedules and results of those
checks to the Commission.!B2000R2037 — EN — 30.09.2000 — 000.001 — 19
4. Subject to the agreement of the Commission and of the competent
authority of the Member State within the territory of which the investigationsare to be made, the officials of the Commission shall assist the officials of thatauthority 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. The Commission shall take
appropriate steps to protect the confidentiality of information obtained underthis Article.
Article 21
Penalties
Member States shall determine the necessary penalties applicable to breaches
of this Regulation. The penalties shall be effective, proportionate anddissuasive. Member States shall notify the provisions regarding penalties to
the Commission by 31 December 2000 at the latest and shall also notify it
without delay of any subsequent amendment affecting such provisions.
CHAPTER VI
NEW SUBSTANCES
Article 22
New substances
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 usedas feedstock.
2. The Commission shall, as appropriate, make proposals to include in
Annex II any substances that are not controlled substances but that are found
by the Scientific Assessment Panel under the Protocol to have a significant
ozone-depleting potential, including on possible exemptions from paragraph1.
CHAPTER VII
FINAL PROVISIONS
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
Entry into force
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.!B2000R2037 — EN — 30.09.2000 — 000.001 — 20
ANNEX I
Controlled substances covered
Group SubstanceOzone-depleting poten-
tial (1)
Group I CFCl 3 (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 CF 3Cl (CFC-13) 1,0
C2FCl 5 (CFC-111) 1,0
C2F2Cl4 (CFC-112) 1,0
C3FCl 7 (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 CF 2BrCl (halon-1211) 3,0
CF3Br (halon-1301) 10,0
C2F4Br2 (halon-2402) 6,0
Group IV CCl 4 (carbon tetrachloride) 1,1
Group V C 2H3Cl3(2) (1,1,1-trichlor-
oethane)0,1
Group VI CH 3Br (methyl bromide) 0,6
Group VII CHFBr 2 1,00
CHF 2Br 0,74
CH 2FBr 0,73
C2HFBr 4 0,8
C2HF2Br3 1,8
C2HF3Br2 1,6
C2HF4Br 1,2
C2H2FBr 3 1,1
C2H2F2Br2 1,5
C2H2F3Br 1,6
C2H3FBr 2 1,7
C2H3F2Br 1,1
C2H4FBr 0,1
C3HFBr 6 1,5
C3HF2Br5 1,9
C3HF3Br4 1,8
C3HF4Br3 2,2
C3HF5Br2 2,0
C3HF6Br 3,3
C3H2FBr 5 1,9
C3H2F2Br4 2,1
C3H2F3Br3 5,6
C3H2F4Br2 7,5
C3H2F5Br 1,4
C3H3FBr 4 1,9
C3H3F2Br3 3,1
C3H3F3Br2 2,5
C3H3F4Br 4,4
C3H4FBr 3 0,3
C3H4F2Br2 1,0
C3H4F3Br 0,8
C3H5FBr 2 0,4
C3H5F2Br 0,8!B2000R2037 — EN — 30.09.2000 — 000.001 — 21
Group SubstanceOzone-depleting poten-
tial (1)
C3H6FBr 0,7
Group VIII CHFCl 2 (HCFC-21) (3) 0,040
CHF 2Cl (HCFC-22) (3) 0,055
CH 2FCl (HCFC-31) 0,020
C2HFCl 4 (HCFC-121) 0,040
C2HF2Cl3 (HCFC-122) 0,080
C2HF3Cl2 (HCFC-123) (3) 0,020
C2HF4Cl (HCFC-124) (3) 0,022
C2H2FCl 3 (HCFC-131) 0,050
C2H2F2Cl2 (HCFC-132) 0,050
C2H2F3Cl (HCFC-133) 0,060
C2H3FCl 2 (HCFC-141) 0,070
CH 3CFCl 2 (HCFC-141b) (3) 0,110
C2H3F2Cl (HCFC-142) 0,070
CH 3CF2Cl (HCFC-142b) (3) 0,065
C2H4FCl (HCFC-151) 0,005
C3HFCl 6 (HCFC-221) 0,070
C3HF2Cl5 (HCFC-222) 0,090
C3HF3Cl4 (HCFC-223) 0,080
C3HF4Cl3 (HCFC-224) 0,090
C3HF5Cl2 (HCFC-225) 0,070
CF3CF2CHCl 2 (HCFC-225ca) (3) 0,025
CF2ClCF 2CHClF (HCFC-225cb) (3) 0,033
C3HF6Cl (HCFC-226) 0,100
C3H2FCl 5 (HCFC-231) 0,090
C3H2F2Cl4 (HCFC-232) 0,100
C3H2F3Cl3 (HCFC-233) 0,230
C3H2F4Cl2 (HCFC-234) 0,280
C3H2F5Cl (HCFC-235) 0,520
C3H3FCl 4 (HCFC-241) 0,090
C3H3F2Cl3 (HCFC-242) 0,130
C3H3F3Cl2 (HCFC-243) 0,120
C3H3F4Cl (HCFC-244) 0,140
C3H4FCl 3 (HCFC-251) 0,010
C3H4F2Cl2 (HCFC-252) 0,040
C3H4F3Cl (HCFC-253) 0,030
C3H5FCl 2 (HCFC-261) 0,020
C3H5F2Cl (HCFC-262) 0,020
C3H6FCl (HCFC-271) 0,030
(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.!B2000R2037 — EN — 30.09.2000 — 000.001 — 22
ANNEX II
New substances
Bromochloromethane!B2000R2037 — EN — 30.09.2000 — 000.001 — 23
ANNEX III
Total quantitative limits on producers and importers placing controlled substances on the market and using them for their
own account in the Community
(calculated levels expressed in ODP tonnes)
Substance
For 12-
month peri-
ods from 1
January to
31 Decem-
berGroup I Group II Group III Group IV Group V Group VI (1)
For uses
other than
quarantine
and pre-
shipment
applicationsGroup VI (1)
For quaran-
tine and pre-
shipment
applicationsGroup VII Group VIII
1999 00000 8 6 6 5 0 8 0 7 9
2000 8 665 8 079
2001 4 621 607 6 678
2002 4 621 607 5 6762003 2 888 607 3 0052004 2 888 607 2 0032005 0 607 2 0032006 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 — 30.09.2000 — 000.001 — 24
ANNEX IV
Groups, Combined Nomenclature 1999 (CN 99) Codes (1) and descriptions for the substances referred to in Annexes I and
III
Group CN 99 code Description
Group I 2903 41 00 – – Trichlorofluoromethane
2903 42 00 – – Dichlorodifluoromethane2903 43 00 – – Trichlorotrifluoroethanes2903 44 10 – – – Dichlorotetrafluoroethanes
2903 44 90 – – – Chloropentafluoroethane
Group II 2903 45 10 – – – Chlorotrifluoromethane
2903 45 15 –––P entachlorofluoroethane
2903 45 20 –––T etrachlorodifluoroethanes
2903 45 25 – – – Heptachlorofluoropropanes
2903 45 30 –––H e xachlorodifluoropropanes
2903 45 35 –––P entachlorotrifluoropropanes
2903 45 40 –––T etrachlorotetrafluoropropanes
2903 45 45 –––T richloropentafluoropropanes
2903 45 50 – – – Dichlorohexafluoropropanes
2903 45 55 – – – Chloroheptafluoropropanes
Group III 2903 46 10 – – – Bromochlorodifluoromethane
2903 46 20 – – – Bromotrifluoromethane
2903 46 90 – – – Dibromotetrafluoroethanes
Group IV 2903 14 00 – – CarbontetrachlorideGroup V 2903 19 10 – – – 1,1,1-Trichloroethane(methylchloroform)
Group VI 2903 30 33 – – – Bromomethane(methyl bromide)
Group VII 2903 49 30 –––– Hydrobromofluoromethanes,-ethanes or -propanes
Group VIII 2903 49 10 –––– Hydrochlorofluoromethanes,-ethanes or -propanes
ex 3824 71 00 – – Mixturescontaining one or more substances falling within CN codes
2903 41 00 to 2903 45 55.
ex 3824 79 00 – – Mixturescontaining one or more substances falling within CN codes
2903 46 10 to 2903 46 90
ex 3824 90 95 –––– Mixturescontaining one or more substances falling within CN codes
2903 14 00, 2903 19 10, 2903 30 33, 2903 49 10 or 2903 49 30
(
1) An ‘ex’ before a code implies that other products than those referred to in the column ‘Description’ may fall under that
subheading.!B2000R2037 — EN — 30.09.2000 — 000.001 — 25
ANNEX V
Combined Nomenclature (CN) codes for products containing controlled sub-
stances (*)
1. Automobiles and trucks equipped with air-conditioning units
CN codes
8701 20 10 – 8701 90 90
8702 10 11 – 8702 90 908703 10 11 – 8703 90 908704 10 11 – 8704 90 008705 10 00 – 8705 90 90
8706 00 11 – 8706 00 99
2. Domestic and commercial refrigeration and air-conditioning/heat-pump
equipment
Refrigerators:
CN codes
8418 10 10 – 8418 29 00
8418 50 11 – 8418 50 99
8418 61 10 – 8418 69 99
Freezers:
CN codes
8418 10 10 – 8418 29 00
8418 30 10 – 8418 30 998418 40 10 – 8418 40 998418 50 11 – 8418 50 998418 61 10 – 8418 61 90
8418 69 10 – 8418 69 99
Dehumidifiers:
CN codes
8415 10 00 – 8415 83 90
8479 60 008479 89 108479 89 98
Water coolers and gas liquefying units:
CN codes
8419 60 008419 89 98
Ice machines:
CN codes
8418 10 10 – 8418 29 008418 30 10 – 8418 30 998418 40 10 – 8418 40 99!
B
(*) These customs codes are given for the guidance of the Member States’ customs
authorities2000R2037 — EN — 30.09.2000 — 000.001 — 26
8418 50 11 – 8418 50 99
8418 61 10 – 8418 61 90
8418 69 10 – 8418 69 99
Air-conditioning and heat-pump units:
CN codes
8415 10 00 – 8415 83 90
8418 61 10 – 8418 61 90
8418 69 10 – 8418 69 99
8418 99 10 – 8418 99 90
3. Aerosol products, except medical aerosols
Food products:
CN codes
0404 90 21 – 0404 90 89
1517 90 10 – 1517 90 99
2106 90 92
2106 90 98
Paints and varnishes, prepared water pigments and dyes:
CN codes
3208 10 10 – 3208 10 90
3208 20 10 – 3208 20 90
3208 90 11 – 3208 90 99
3209 10 00 – 3209 90 00
3210 00 10 – 3210 00 90
3212 90 90
Perfumery, cosmetic or toilet preparations:
CN codes
3303 00 10 – 3303 00 90
3304 30 00
3304 99 00
3305 10 00 – 3305 90 903306 10 00 – 3306 90 00
3307 10 00 – 3307 30 00
3307 49 00
3307 90 00
Surface-active preparations:
CN codes
3402 20 10 – 3402 20 90
Lubricating preparations:
CN codes
2710 00 812710 00 97
3403 11 00
3403 19 10 – 3403 19 99
3403 91 00!
B2000R2037 — EN — 30.09.2000 — 000.001 — 27
3403 99 10 – 3403 99 90
Household preparations:
CN codes
3405 10 003405 20 003405 30 003405 40 003405 90 10 – 3405 90 90
Articles of combustible materials:
CN codes
3606 10 00
Insecticides, rodenticides, fungicides, herbicides, etc.:
CN codes
3808 10 10 – 3808 10 903808 20 10 – 3808 20 803808 30 11 – 3808 30 90
3808 40 10 – 3808 40 90
3808 90 10 – 3808 90 90
Finishing agents, etc.:
CN codes
3809 10 10 – 3809 10 903809 91 00 – 3809 93 00
Preparations and charges for fire-extinguishers; charged fire-extinguishing
grenades:
CN codes
3813 00 00
Organic composite solvents, etc.:
CN codes
3814 00 10 – 3814 00 90
Prepared de-icing fluids:
CN codes
3820 00 00
Products of the chemical or allied industries:
CN codes
3824 90 103824 90 353824 90 403824 90 45 – 3824 90 95
Silicones in primary forms:
CN codes
3910 00 00
Arms:
CN codes
9304 00 00!
B2000R2037 — EN — 30.09.2000 — 000.001 — 28
4. Portable fire extinguishers
CN codes
8424 10 10 – 8424 10 99
5. Insulation boards, panels and pipe covers
CN codes
3917 21 10 – 3917 40 90
3920 10 23 – 3920 99 903921 11 00 – 3921 90 90
3925 10 00 – 3925 90 80
3926 90 10 – 3926 90 99
6. Pre-polymers
CN codes
3901 10 10 – 3911 90 99!
B2000R2037 — EN — 30.09.2000 — 000.001 — 29
ANNEX VI
Processes in which controlled substances are used as processing agents
— 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 polyphenyleneterephta-
lamide,
— 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 perfluoropolyetherpo-
lyperoxide precursors of Z-perfluoropolyethers and difunctional deriva-
tives,
— Use of CFC-113 in the reduction of perfluoropolyetherpolyperoxide
intermediate 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 (insecti-
cide).
Also the use of HCFCs in the above processes when used to replace CFC or
carbon tetrachloride.!B2000R2037 — EN — 30.09.2000 — 000.001 — 30
ANNEX VII
Critical uses of halon
Use of halon 1301:
— in aircraft for the protection of crew compartments, engine nacelles, cargo
bays and dry bays,
— in military land vehicles and naval vessels for the protection of spaces
occupied 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 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.!B2000R2037 — EN — 30.09.2000 — 000.001 — 31