COMMISSION OF THE EUROPEAN COMMUNITIES 
lMi •'' 
8*1-.': COM(92)106 final 
Brussels, 20 March 1992 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 594/91 of 4 March 1991 
In order to speed up the phasing-out of 
substances that deplete the ozone layer 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
Council Regulation (EEC) No 594/91 of 4 March 1991 on substances that 
deplete the ozone layer^1) provides for quantitative restrictions on 
the production and consumption of chlorofluorocarbons 11, 12, 113, 114 
and 115, other fully halogenated chlorofluorocarbons, halons, carbon 
tetrachloride and 1,1,1-trichloroethane. It is based on the Montreal 
Protocol on Substances that Deplete the Ozone Layer, to which the 
Member States and the European Community are Parties. 
The Scientific Evaluation Group of the United Nations Environment 
Programme (UNEP) found the hole in the ozone layer in the Antarctic in 
1991 to be as deep and extensive as the holes observed in 1987, 1989 
and 1990. For the first time, observations in the Antarctic confirmed 
that the loss of ozone coincides with an increase in ultraviolet 
radiation at ground level. Moreover, the stratospheric ozone layer is 
being depleted more rapidly than expected and ozone losses are now 
being observed over densely populated areas of Europe and North 
America. The satellite-mounted TOMS spectrometer measured ozone losses 
from December to March of - 5.6% ± 3.5% per decade over the period 1979 
to 1991 at a latitude of 45* North. The concentration of chlorine in 
the stratosphere is expected to increase from the present level of 3.3 
ppmv (parts per million volume) to 4.1 ppmv in the year 2000. This 
increase will occur even if all the parties apply the revised Protocol 
(London, 1990). 
The UNEP technological and economic evaluation group concluded that it 
is technically feasible to phase out ozone depleting substances sooner 
than the deadline imposed by the revised Protocol (London, 1990) and by-
Regulation (EEC) No 594/91. In the developed countries, consumption of 
practically all chlorofluorocarbons and halons could be eliminated by 
1995-97, consumption of 1 ,1 ,1-trichloroethane as early as 1995, and by 
the year 2000 at the latest, and consumption of carbon tetrachloride 
for the vast majority of applications by 1995, with final elimination 
by 1997. 
On the basis of the convincing scientific and technical data produced 
by the UNEP evaluation procedure, the Commission is submitting to the 
European Parliament and the Economic and Social Committee for opinion 
and to the Council for adoption a proposal for a Regulation amending 
Regulation (EEC) No 594/91 of 4 March 1991 in order to speed up the 
phasing-out of ozone depleting substances. 
(1 ) 0J No L 67, 14.3.91, p . 1 . \ 
COUNCIL REGULATION (EEC) No .../.. 
of 
amending Regulation (EEC) No 594/91 of 4 March 1991 
in order to speed up the phasing-out of 
substances that deplete the ozone layer 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 130s thereof, 
Having regard to the proposal from the Commission,<1) 
Having regard to the opinion of the European Par Iiament, <2) 
Having regard to the opinion of the Economic and Social Committee,^3^ 
Whereas, according to the latest scientific knowledge, the ozone layer is 
not reforming over the Antarctic; whereas depletion of the ozone layer 
over the Northern hemisphere is more extensive than was previously 
generally accepted; 
Whereas scientific studies forecast continued depletion of the ozone 
layer until the year 2005, unless the production and consumption of fully 
halogenated chlorofluorocarbons, halons, carbon tetrachloride and 
1,1,1-trichloroethane is brought to an end in the very near future. 
Whereas, except for certain essential uses, it is technically possible to 
phase out all consumption of chlorofluorocarbons, halons, 1,1,1-
trichloroethane and, for most applications, carbon tetrachloride by the 
end of 1995; 
Whereas Council Regulation (EEC) No 594/91 provides for controls on 
substances that deplete the ozone layer; 
Whereas, in the light in particular of recent scientific knowledge, it is 
appropriate, in general, to introduce stricter control measures than 
those provided for in Council Regulation (EEC) No 594/91; 
(1) 0J No . 
(2) 0J No L 
(3) OJ No L 
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HAS ADOPTED THIS REGULATION: 
Art icle 1 
Control of the production and consumption of 
chlorofluorocarbons 11, 12, 113, 114 and 115 
The following changes are hereby made to Articles 10(1) and 11(1) of and 
Annex II to Regulation (EEC) No 594/91: 
in the second indent of the first subparagraph of Article 10(1), ", and 
in the following 12-month period," is deleted; 
the third indent of the first subparagraph of Article 10(1) is deleted; 
in the fourth indent of the first subparagraph of Article 10(1), "1996" 
is replaced by "1994, and in the following 12-month period"; 
the fifth indent of the first subparagraph of Article 10(1) is deleted; 
in the sixth indent of the first subparagraph of Article 10(1), 
"30 June 1997" is replaced by "31 December 1995"; 
in the second subparagraph of Article 10(1), "30 June 1997" is replaced 
by "31 December 1995"; 
the second to sixth indents of the first subparagraph and the second 
subparagraph of Article 11(1) are amended in the same way as the 
corresponding indents and subparagraphs of Article 10(1); 
in Annex II, the calculated level of the quantitative limits on imports 
of substances in Group I is fixed at 348 tonnes for each of the years 
1994 and 1995; imports of these substances shall cease on 
31 December 1995 at the latest. 
Art icle 2 
Control of the production and consumption of 
other fully halogenated chlorofluorocarbons 
The following changes are hereby made to Articles 10(2) and 11(2) of and 
Annex II to Regulation (EEC) No 594/91: 
in the first indent of the first subparagraph of Article 10(2), "each 12-
month period thereafter" is replaced by "the following 12-month period"; 
the second indent of the first subparagraph of Article 10(2) is deleted; 
in the third indent of the first subparagraph of Article 10(2), "1996" is 
replaced by "1994, and in the following 12-month period"; 
the fourth indent of the first subparagraph of Article 10(2) is deleted; 
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in the fifth indent of the first subparagraph of Article 10(2), 
"30 June 1997" is replaced by "31 December 1995"; 
in the second subparagraph of Article 10(2), "30 June 1997" is replaced 
by "31 December 1995"; 
the first to fifth indents of the first subparagraph and the second 
subparagraph of Article 11(2) are amended in the same way as the 
corresponding indents and subparagraphs of Article 10(2); 
in Annex II, the calculated level of the quantitative limits on imports 
of substances in Group II is fixed at 15% of the calculated level of 
imports in 1989 for each of the years 1994 and 1995; imports of these 
substances shall cease on 31 December 1995 at the latest. 
Art icle 3 
Control of the production and consumption of halons 
The following changes are hereby made to Articles 10(3) and 11(3) of and 
Annex II to Regulation (EEC) No 594/91: 
in the first indent of the first subparagraph of Article 10(3), "each 12-
month period thereafter" is replaced by "the following 12-month period"; 
in the second indent of the first subparagraph of Article 10(3), "1995, 
and in each 12-month period thereafter" is replaced by "1994, and in the 
following 12-month period", and "50%" is replaced by "15%"; 
in the third indent of the first subparagraph of Article 10(3), "1999" is 
replaced by "1995"; 
in the second subparagraph of Article 10(3), "2000" is replaced by 
"1996"; 
the first to third indents of the first subparagraph and the second 
subparagraph of Article 11(3) are amended in the same way as the 
corresponding indents and subparagraphs of Article 10(3); 
in Annex II, the calculated level of the quantitative limits on imports 
of substances in Group III is fixed at 350 tonnes for each of the years 
1994 and 1995; imports of these substances shall cease on 
31 December 1995. 
Art icle 4 
Control of the production and consumption of 
carbon tetrachloride 
The following changes are hereby made to Articles 10(4) and 11(4) of and 
Annex II to Regulation (EEC) No 594/91: 
in the first indent of the first subparagraph of Article 10(4), "each 12-
month period thereafter" is replaced by "the following 12-month period"; 
% 
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in the second indent of the first subparagraph of Article 10(4), "1995, 
and in each 12-month period thereafter" is replaced by "1994, and in the 
following 12-month period"; 
in the third indent of the first subparagraph of Article 10(4), "1997" is 
replaced by "1995"; 
in the second subparagraph of Article 10(4), "1998" is replaced by 
"1996"; 
the first to third indents of the first subparagraph and the second 
subparagraph of Article 11(4) are amended in the same way as the 
corresponding indents and subparagraphs of Article 10(4); 
in Annex II, the calculated level of the quantitative limits on imports 
of the substance in Group IV is fixed at 15% of the calculated level of 
imports in 1989 for each of the years 1994 and 1995; imports of these 
substances shall cease on 31 December 1995 at the latest. 
Art icle 5 
Control of the production and consumption of 
1,1,1-tr ichloroethane 
The following changes are hereby made to Articles 10(5) and 11(5) of and 
Annex II to Regulation (EEC) No 594/91: 
in the first indent of the first subparagraph of Article 10(5), "each 12-
month period thereafter" is replaced by "the following 12-month period"; 
in the second indent of the first subparagraph of Article 10(5), "1995, 
and in each 12-month period thereafter" is replaced by "1994, and in the 
following 12-month period", and "70%" is replaced by "15%"; 
the third indent of the first subparagraph of Article 10(5) is deleted; 
in the fourth indent of the first subparagraph of Article 10(5), "2004" 
is replaced by "1995"; 
a second subparagraph is inserted after the first subparagraph of 
Article 10(5) as follows: 
"The Commission, in accordance with the procedure set out in Article 12, 
shall determine any essential uses of 1 ,1 ,1-trichloroethane which may be 
permitted in the Community after 31 December 1995 and until 
31 December 2004 at the latest and any quantities of 1,1,1-
trichloroethane which may be produced by each producer for this purpose. 
Such production shall only be allowed if adequate alternatives or 
recycled 1 ,1,1-trichloroethane are not available."; 
the first to fourth indents of the first subparagraph of Article 11(5) 
are amended in the same way as the corresponding indents of 
Art icle 10(5); 
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a second subparagraph is inserted after the first subparagraph of 
Article 11(5) as follows: 
"The Commission, in accordance with the procedure set out in Article 12, 
shall determine any quantities of 1,1,1-trichloroethane that could be 
placed on the market or used for its own account by each producer after 
31 December 1995 and until 31 December 2004 at the latest for the purpose 
of essent ial uses."; 
in Annex II, the calculated level of the quantitative limits on imports 
of the substance in Group IV is fixed at 15% of the calculated level of 
imports in 1989 for each of the years 1994 and 1995; imports of these 
substances shall cease on 31 December 1995 at the latest. 
Art icle 6 
Entry into force 
This Regulation shall enter into force on the day following its 
publication in the Official Journal of the European Communities. 
7 

ISSN 0254-1475 
COM (92) 106 final 
DOCUMENTS 
EN 14 
Catalogue number: CB-CO-92-116-EN-C 
ISBN 92-77-42133-9 
Office for Official Publications of the European Communities 
Lr2985 Luxembourg