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COMMISSION RECOMMENDATION

of 13 April 1989

on the reduction of chlorofluorocarbons by the aerosol industry

(89/349/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 155 thereof,

Whereas the Community and all its Member States has signed the Vienna Convention for the protection of the ozone layer;

Whereas the Community and all its Member States has signed the Montreal Protocol on substances that deplete the ozone layer;

Whereas on 14 October 1988 the Council adopted Decision 88/540/EEC (1) which is concerned with the conclusion and ratification of the Vienna Convention and the Montreal Protocol;

Whereas on 14 October 1988 the Council also adopted Regulation (EEC) No 3322/88 (2) which implements the Montreal Protocol in the Community;

Whereas recent scientific studies have confirmed that some depletion of the ozone layer has already occurred and that the changes observed may be due, wholly or in part, to the increased presence in the atmosphere of trace gases, particularly chlorofluorocarbons (CFCs)

Whereas it is important to achieve the greatest feasible substitution of chlorofluorocarbons listed in Annex I and halons in all areas of their use;

Whereas a number of Member States have concluded voluntary agreements with the manufacturers of aerosols for the progressive reduction, and where possible the subsequent elimination, of the chlorofluorocarbons listed in Annex I in these products;

Whereas Council resolution 88/C 285/01 of 14 October 1988 on restricting the use of chlorofluorocarbons and halons calls on the Commission, in cooperation with the Member States, to initiate discussions on voluntary agreements at Community level with all the industries concerned, with a view to substituting wherever feasible the chlorofluorocarbons listed in Annex I and halons in products such as aerosols, or in equipment or processes using them;

Whereas the resolution calls on the Commission, in cooperation with the Member States, to initiate discussions with the industries concerned with a view to concluding a voluntary agreement on a common Community label for 'CFC-free products',

HEREBY RECOMMENDS:

I. that aerosol manufacturers in the Community:

1. seek to limit the use in aerosols of the chlorofluorocarbons listed in Annex I to applications for which these substances are essential;

2. reduce the use of fully halogenated chlorofluorocarbons for the filling of aerosols by at least 90 % compared with 1976 levels, bearing in mind that:

- in 1976, use of the chlorofluorocarbons listed in Annex I for the filling of aerosols was 200 211 ODP-weighed tonnes (ODP, ozone depletion potential),

- the 90 % reduction in this weighted figure should be achieved by 31 December 1990,

- the restriction does not apply to pharmaceutical and electronic uses or specialized industrial uses (see list in Annex II) for which no satisfactory alternatives yet exist,

- should such alternatives be found, this exemption will become null and void;

3. no later than one year following publication of this recommendation in the Official Journal of the European Communities, label aerosol cans containing the chlorofluorocarbons listed in Annex I as follows: 'Contains CFC 11 (12, 113, 114 or 115) which damages ozone'. The label should be indelible, clearly visible and legible, and stand out sharply from the background, it being understood that this warning shall be without prejudice to existing provisions in this field.

II. that the Federation of European Aerosol Associations:

1. exert all possible influence to ensure that the aerosol industry in the Community minimizes its use of controlled substances for the filling of aerosols and achieves the reduction referred to in I.2;

2. present an annual statistical report to the Commission from 1989 onwards on the progress made on reductions, the first control period for verifying that the 90 % reduction has been achieved being 1 January to 31 December 1991;

3. ensure that all supporting documents relating to the gathering of statistics are kept, and forwarded to the Commission if the Commission wishes to examine them.

III. that Member States make every effort to ensure that the aims of the recommendation are achieved within their respective territories.

Done at Brussels, 13 April 1989.

For the Commission

Carlo RIPA DI MEANA

Member of the Commission

(1) OJ No L 297, 31. 10. 1988, p. 8.

(2) OJ No L 297, 31. 10. 1988, p. 1.

ANNEX I

Substances covered by this recommendation

1.2 // // // Substance // Ozone depletion potential (ODP) // // 1.2.3 // CFCl3 // (CFC-11) // 1,0 // CF2Cl2 // (CFC-11) // 1,0 // C2F3Cl3 // (CFC-113) // 0,8 // C2F4Cl2 // (CFC-114) // 1,0 // C2F5Cl // (CFC-115) // 0,6 // // //

ANNEX II

Industrial specialized uses

Waterproofing, adhesives, antistatic, belt dressing, solvent cleaners, diamond powder polishing, flow detection, freezing, insulation, lubrication, mould release, marking, rust prevention, welding, mining and insecticides used for aircraft windows.