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i*8-COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 202 final 
Brussels, 9 June 1993 
Proposal for a 
COUNCIL REGULATION (EEC) 
on substances that deplete the ozone layer 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
The purpose of the present proposal is to consolidate the existing 
Regulations (EEC) No 594/91 and (EEC) No 3952/92 and to implement in 
the Community the controls made necessary by the Copenhagen Amendment 
to the Protocol. The proposal also completes current Community 
legislation by rendering the recovery of used ozone depleting 
substances mandatory in certain cases in line with a Decision by the 
Parties. 
Council Regulation (EEC) No 594/91 of 4 March 1991 on substances that 
deplete the ozone layer (•*•), as amended through Regulation (EEC) 
No 3952/92^2), 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 as adjusted and 
amended in London in 199 0, to which the Member States and the 
European community are Parties, and as adjusted in Copenhagen in 
1992. 
The Scientific Assessment Panel 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 estimated 
ozone losses over the period December to March to be 5.5% per decade 
(range 2%-8%) 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 ppbv (parts per billion 
volume) to 4.1 ppbv in the year 2000. This increase in chlorine 
levels originates from emissions which took place prior to the 
discovery of the Antarctic ozone hole, and will occur even if all the 
Parties apply the Protocol as revised in 1990. To move down from this 
peak chlorine loading and to reduce the environmental effects 
associated with it, more stringent and comprehensive controls which 
could be rapidly implemented were required. 
In the light of this scientific evidence, the Parties to the Protocol 
decided in 1992 in Copenhagen, inter alia, to strengthen existing 
control measures on chlorofluorocarbons, halons, carbon tetrachloride 
and 1,1,1-trichloroethane, and to extend the controls to methyl 
bromide, hydrobromofluorocarbons and hydrochlorofluorocarbons. All 
these substances will be banned on a worldwide basis by 1 January 
19 96, except hydrochlorofluorocarbons, which are temporarily needed 
to replace the more harmful ozone depleting substances, and methyl 
bromide, on which there are ongoing investigations. 
(1) OJ No L 67, 14.3.91, p. 1. 
(2) OJ No L 405, 31.12.92, p. 41. 
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The ratification of the Copenhagen Amendment to the Protocol and its 
implementation in the Community are in perfect harmony with the Fifth 
ncticn Prograir^c, which underlines the necessity to further 
accelerate the phase-down of ozone depleting substances, even beyond 
what has been agreed at the international level(^). As regards the 
phase-out of chlorofluorocarbons, halons, carbon tetrachloride and 
1,1,1-trichloroethane, the implementation in the community of the 
Copenhagen adjustments occurs through Council Regulation (EEC) 
No 3952/92, which phases-out chlorofluorocarbons and carbon 
tetrachloride one year earlier than foreseen under the Protocol. As 
regards the controls en methyl bromide, hydrobromofluorocarbons and 
hydrochlorofluorocarbons a new proposal from the Commission for a 
Regulation is required, which will also tackle the issue of recovery 
of used substances for recycling or safe destruction purposes. 
The steady state ozone depletion potentials (ODP) of the controlled 
substances listed in the Montreal Protocol are substantial although 
they vary between and within control groups. For example, the ranges 
are as follows : CFCs (0.6 - 1.0); halons (3.0 - 10.0); carbon 
tetrachloride (1.1); 1.1.1-trichloroethane (O.l); methyl bromide 
(0.7); HBFCs (0.1 - 14.0); and HCFCs (0.005 - 0.52). 
The environmental reasons to go further than the Copenhagen Amendment 
and to implement stricter controls within the Community to reduce the 
effects of the peak chlorine loading are compelling. By the time the 
precise effects of such unprecedented levels of chlorine are known 
and understood, it will be too late to legislate to reduce the amount 
of damage caused. Furthermore, exceptionally high levels of chlorine 
will persist for at least ten years before decreasing significantly. 
Therefore at a minimum the Community will be confronted with 2 0 years 
of future uncertainty. 
Recently the World Meteorological Organization (Press Release No 507) 
published data from its Global Ozone observing System which showed 
that for the first half of March 1993 total ozone values were 20%-25% 
lower than long-term average values for an area stretching from 
Scandinavia and central Europe to the Pacific coast of Asia. Over a 
14-year period from 1979 to 1993 there has been a steady decline in 
the amount of total ozone recorded each winter between latitudes 
45°N-65°N. For the winter of 1992/93 the average reduction was 
greater than 14%. Unfortunately, this continuous and increasing ozone 
depletion derives from our initial failure to act rapidly to control 
CFCs and halons. Future controls on HBFCs, HCFCs and methyl bromide, 
however stringent, will not mitigate the environmental effects of 
unprecedent atmospheric chlorine levels by the year 2000. The 
controls in the present proposal will, however, ensure that the ozone 
layer is regenerated as quickly as possible. 
Emissions of chlorine and bromine from HCFCs and methyl bromide, if 
not regulated promptly, will make a substantial contribution to ozone 
destruction over the next 2 0 years. For example, the time dependent 
ODP of HCFC 22 over a five-year time interval is almost 3.5 times 
greater than its steady state value (0.19 compared to 0.055). 
Similarly, methyl bromide has a higher time-dependent ODP (15.3 
compared to 0.7) than any other controlled substance. On the basis of 
such information the 1991 UNEP Scientific Assessment Panel estimates 
that a 10% reduction in methyl bromide emissions would result in a 
decrease in stratospheric bromine equivalent to a three-year 
(3) COM(92) 23 final, Vol II, 27.-5.92 p. 41, 42, 81 and 84. 
acceleration of the CFC phase-out schedule. It is worth remembering 
that bromine reacts synergistically with chlorine to destroy ozone 
and that as chlorine levels increase the efficiency of bromine to 
deplete ozone increases. 
10. Finally, the Community should be progressive in its approach to 
implementing the Copenhagen agreements because lenient controls on 
KCFCs and methyl bromide will increase the length of time required 
for the ozone layer to return to "normal" which will add to the 
uncertainty concerning the environmental effects of depletion. Also, 
lenient controls on HCFCs and methyl bromide will reduce the 
significant gains that have been made in accelerating the reduction 
and phase-out schedules for CFCs, halons, carbon tetrachloride and 
1.1.1-trichlorethane. 
11. In general terms, both within the Community and globally, the 
experience of the last five years has shown that the phase-out of 
ozone depleting substances is proceeding rapidly and at a much lower 
economic cost than expected. Contrary to expectations, the quality 
of goods and services has been maintained without price increases, 
and in many cases it has been relatively inexpensive, and sometimes 
even profitable, to find alternatives to ozone-depleting substances. 
Changes in regulatory regime imply that the costs associated with 
phase-out will also change. However, measurement of both costs and 
benefits is difficult and subject to substantial uncertainly, but it 
is clear that the benefits of regulatory action outweigh the costs 
even if quantification is not precise. 
12. Since new scientific evidence continues to show accelerating and more 
extensive destruction of the Earth's ozone layer, the benefits 
accruing from the avoidance of environmental damage must also be 
greater. At the same time the economic cost of phasing-out ozone 
depleting substances has not increased in proportion to the benefits 
to be attained by prompt regulatory action, although it could rise 
markedly if insufficient time was allowed for substitutes and new 
technologies to become available. It is also true that any delay in 
the implementation of the 19 92 Copenhagen Amendment, and the 
consequent loss of benefits accruing from such delay, would exceed 
the cost savings that might be derived from the desire to make 
decisions on a more quantitative or cost-effective basis. 
13. The environmental benefits accruing from more stringent provisions 
than those contained in the Copenhagen Amendment are difficult to 
quantify in detail. However, it has been estimated that a 10% 
decrease in ozone will be associated with between 1.6 and 1.8 million 
additional cases of eye cataracts in humans per year worldwide, and 
0.3 million additional cases of non-melanoma skin cancer (UNEP, 
Environmental Effects Panel Report, 1991). In addition, UV-B 
radiation will have a deleterious effect on food production and 
quality, on forestry and on natural ecosystems. 
5 -
14. Consumption of HCFCs within the Community will grow substantially 
unless a control system for such chemicals is implemented. During 
1989 European Industry consumed 1 869 ODP weighted tonnes of HCFCs. 
Three years later in 1992 this consumption value had risen to 3 336 
ODP weighted tonnes, an increase of 7 8%. In comparison, over the 
same period CFC consumption declined by 42% from 222 566 to 129 479 
ODP weighted tonnes. Therefore the mere imposition of controls will 
result in benefits to society and the environment. The need for 
controls on HCFCs was foreseen in the 199 0 London Resolution on 
Transitional Substances and the acceleration of the phase-out 
schedules for CFCs, halons, carbon tetrachloride and 1.1.1-
trichlorethane in previous Regulations (594/91/EEC and 3952/92/EEC) 
was accepted on the understanding that industry would be able to use 
HCFCs subject to limitations. Consequently, the present proposal is 
essentially concerned with limiting the use of HCFCs and on this 
basis the replacement cost, or cost to industry of making the 
transition from CFCs to HCFCs, has been met through previous 
Regulations. 
15. The level of the cap, or quantitative limit, on the consumption of 
HCFCs has been selected to reflect the principles set down in the 
London Resolution which has now been formally incorporated into the 
Protocol through the Copenhagen Amendment. Namely, that HCFCs should 
not be used in applications which did not use controlled substances 
previously or where more environmentally suitable alternatives or 
technologies are available. Such restrictions must be followed by all 
Protocol Parties. At the intra-Community level the size of the cap 
has been calculated to reflect more detailed considerations which are 
idiosyncratic to the Community. For example, the calculated level of 
HCFC consumption is worked out in part on the consumption of CFCs in 
the 1989 base year. In 1989 Community consumption of CFCs in aerosols 
amounted to 22% of total consumption. This contrasts markedly with 
the consumption pattern of some of our international partners such as 
the United States of America who moved rapidly to eliminate use of 
CFCs in aerosols. Consequently, as it is not the Community's 
intention to allow the use of HCFCs in aerosols because this would 
involve direct emissions to the atmosphere, and as Article 2F 
paragraph 7(a)-(c) of the Protocol stipulates that HCFCs should only 
be used where absolutely necessary, the quantities that can be 
justifiably used in the Community will need to be less than the 3.1% 
cap agreed in Copenhagen. 
16. From information supplied by the plastic foam, refrigeration and 
solvent sectors it was originally estimated that European user 
industries would require 7 352 ODP weighted tonnes of HCFCs. This is 
approximately equivalent to a cap set at 2.5% which would be reached 
in 1997. However, recent technical innovations have produced domestic 
refrigerators which operate using propane/butane refrigerant gases 
and which are insulated with foams made from other hydrocarbons. On 
this basis the European foam industry reduced its estimated need for 
HCFCs from 4 369 to 4 001 ODP weighted tonnes. The refrigeration and 
solvent sectors estimate that they will require 2 42 0 and 56 3 ODP 
weighted tonnes of HCFCs respectively. Overall the total estimated 
need of user industries for HCFCs has been revised downward to 6 9 84 
ODP weighted tonnes which is approximately equivalent to a cap set at 
2.3%. It is expected that following industrial projections a 2.3% cap 
will be reached in 1997 and a 2.5% cap will now be reached in 1998 
instead of 1997. 
17. The relevant cost to industry of limitations on the use of HCFCs is 
the cost of limiting consumption to 2.5%, but this cannot be 
calculated. The limit of the cap will be reached around 1998 and the 
prices paid for HCFCs over and above inflationary increases will 
depend on the demand situation at that time. It is also quite 
probable that technological developments between now and 1998 which 
reduce this perceived need make an evaluation of costs more 
difficult. Furthermore, the phase-out schedule associated with the 
cap has been chosen as the best estimate of the anticipated use 
profile for HCFCs. Therefore, depreciation costs in excess of normal 
depreciation are not anticipated. 
18. The draft proposal addresses the question of partitioning rights to 
place HCFCs on the Community market through Article 4, paragraphs 8 
and 10. The model proposed is based on previous Regulations 
(3952/92/EEC, 594/91/EEC and 3322/88 EEC). However, the system will 
now be applied to an expanding HCFC market as opposed to a declining 
CFC market. It may be anticipated that such rights will attract more 
interest than in the past, but it is difficult to envisage designing 
an allocation system which is more equitable than that which has 
already been tried and tested. Statistical data from 19 89 onwards 
shows that all Community producers are selling HCFCs (period 19 89-
1992) and that market shares at the present time are relatively 
stable. However, it cannot be excluded that some shortfalls in supply 
might occur in the future because some producers may choose not to 
use or transfer their consumption rights. Within the limits imposed 
by Community legislation the Commission will respond to avoid such 
shortages. 
19. The costs and benefits associated with a reduced use profile for 
methyl bromide are somewhat different in nature. As methyl bromide 
has an extremely high time-dependent ODP the benefits from 
substitution or emission control strategies will be greater on a per 
kilo basis than those for HCFCs. Reducing wasteful emissions will 
also result in cost savings to users. In general, there is much 
technical uncertainty about how the use of methyl bromide can be 
limited in existing applications and therefore detailed evaluation of 
costs is not possible. The proposed 25% cut in production and 
consumption of methyl bromide is more progressive than a freeze under 
the Protocol, but the reduction is modest to reflect this 
uncertainty. Further reductions can be considered later on the 
basisof the findings of the UNEP Assessment Panels prior to the 1995 
meeting of the Protocol Parties. It is clear that part of the 
proposed 2 5% reduction can be met from substitution of methyl bromide 
by alternatives such as other chemical pesticides, biological control 
agents, soil solarisation, steam sterilization and changes in 
cropping practices as described in the UNEP Methyl Bromide Synthesis 
Report 1992. 
- 7 
20. During the Copenhagen meeting the Parties to the Protocol were unable 
to agree on more progressive measures because of the reluctance of 
Israel (a significant producer) and less-developed countries to 
accept methyl bromide as a controlled substance. Post-Copenhagen 
developed countries have the option to take stronger action, indeed 
such action is a necessity if we are to persuade developing countries 
to do more at the Seventh Meeting of the Protocol Parties in 1995. In 
this respect it is worth noting that the United States of America 
intends to phase-out production and consumption of methyl bromide by 
the year 2000. 
21. There is a need for a Community action in order to rapidly implement 
the Copenhagen agreement. The Community is a key Party to the 
Protocol and therefore has to show unity and coherence vis-a-vis its 
negotiating partners and demonstrate its will to honour fully 
international commitments it has undertaken. Without a Community-wide 
implementation of its international obligations the Community 
jeopardizes its credibility in future negotiations, even unrelated to 
the protection of the ozone layer. The proposal is based upon 
Article 130s because the Protocol is an environmental agreement which 
seeks to restrict the production and consumption of ozone-depleting 
substances. Article 113 has been added as a joint legal basis in so 
far as the Montreal Protocol includes trade provisions. 
22. Formal and informal consultations with industry have taken place 
prior to the submission of this Proposal. While the producers of 
ozone depleting substances fully support the phase-down of ozone-
depleting substances in the earliest possible time frame and without 
derogations, user industries point to the need for controlled 
substances in certain applications beyond the phase-out. Their 
concern will be accommodated through the recycling of used substances 
and through the possibility of exceptions for essential uses after 
the phase-out. The specific essential uses that will be given the 
possibility of using controlled substances for a determined period 
beyond phase-out will be determined during the implementation phase 
of this new Regulation in consultation with the Member States through 
the Management Committee of Article 16 of the Regulation and taking 
into account the results of a similar exercise to be conducted by the 
UNEP Technical and Economic Panel at the same time. 
23. There is no doubt that all OECD countries will implement the 
Copenhagen revision of the Protocol. Some of our international 
partners such as Japan will not go further than the Protocol 
requirements at the present time. Others, notably the United States 
of America, are prepared to do more. In America it is proposed that 
HCFCs with high ODPs, such aa HCFC 141b, will be phased-out in all 
applications by 2003. Less powerful HCFCs such as HCFCs 22 and 142b 
will be banned in new equipment from the year 2 010, and all other 
HCFCs such as 123, 124 and 225 will be phased-out by 2020 with only 
0.5% remaining to be eliminated by 2030. The USA also intends to 
phase-out production and consumption of methyl bromide by the year 
2 000. Among the EFTA countries, Sweden has announced its intention to 
ban the use of HCFCs in all applications by the year 2000. Moreover, 
some Member States have already adopted or are proposing national 
legislation to protect the ozone layer more effectively. For example, 
- 8 -
Germany has banned the use of HCFC 22 in all applications by the year 
2000 with the exception of closed circuit refrigeration systems. 
Denmark intends to phase-out all HCFCs by 2 002 and methyl bromide by 
199 8. For environmental, political and common market considerations 
the Community must be progressive in its approach to controlling 
HCFCs and methyl bromide. Consequently, it is proposed that HCFCs 
should be phased-out by 2016 and that production and consumption of 
methyl bromide should be reduced by 25% by 1996. 
24. The European Community has ratified the Vienna Convention, the 
Montreal Protocol and the 199 0 London Amendment to the Protocol. The 
provisions of these international legislative instruments have been 
implemented in the community primarily through Regulations EEC 
No 3322/88, EEC No 594/91 and EEC No 3952/92. Consequently, this 
proposal also considers a new regulation to be the most effective and 
efficient instrument to implement the provisions of the 1992 
Copenhagen Amendment to the Protocol and to ensure harmonization of 
existing Community legislation. 
- 9 -
Proposal for a 
COUNCIL REGULATION (EEC) 
on 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 Articles 113 and 130s thereof, 
Having regard to the proposal from the commission, 
Having regard of the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social Committee, 
Whereas Council Regulation (EEC) No 594/91 of 4 March 1991 on substances 
that deplete the ozone layer(*) has been amended by Regulation (EEC) 
No 3952/92<2); whereas on the occasion of a further amendment it is 
desirable in the interests of clarity to recast this Regulation; 
Whereas in view of the responsibilities of the Community for the 
environment and trade, all Member States and the Community have become 
Parties to the Vienna Convention for the Protection of the Ozone Layer and 
the Montreal Protocol on Substances that Deplete the ozone Layer as amended 
by the Parties to the Protocol at their second meeting in London; 
Whereas it is established that continued emissions of ozone-depleting 
substances at current levels cause significant damage to the ozone layer; 
Whereas, in the light of recent scientific evidence, the Parties to the 
Montreal Protocol have adopted at their fourth meeting in Copenhagen, at 
which the Community and the Member States played a leading role, a second 
amendment to the Protocol comprising additional measures for the protection 
of the ozone layer; 
Whereas it is necessary for action to be taken at Community level to carry 
out the Community's obligations under the Convention and the second 
amendment to the Protocol, in particular to control within the Community 
the production and supply of methyl bromide and hydrobromofluorocarbons, 
and the supply and use of hydrochlorofluorocarbons; 
Whereas, in the light notably of scientific evidence, it is appropriate in 
certain cases to introduce control measures which are more severe than 
those of the second amendment to the Protocol; 
Whereas, bearing in mind the market structure for methyl bromide, 
hydrobromofluorocarbons and hydrochlorofluorocarbons, it is appropriate -
to ensure fulfilment of the Community's obligations under the second 
amendment to the Protocol - to control consumption of these substances by 
controlling supply rather than demand; whereas supply can be controlled by 
limiting sales and use by producers of their own production and release 
into free circulation of imports; 
(1) OJ No L 67, 14.3.1991, p. 1. 
(2) OJ No L 405, 31.12.1992, p. 41 
- 10 -
Whereas it is necessary to keep under review the evolution of the market 
for ozone-depleting substances, particularly with regard to sufficient 
supply for essential uses, and the state of development of appropriate 
substitutes; 
Whereas it is appropriate to promote the minimization of leakages of 
ozone depleting substances and the recovery of such used substances for 
recycling or safe destruction purposes, 
HAS ADOPTED THIS REGULATION 
CHAPTER I 
INTRODUCTORY PROVISIONS 
Article 1 
scope 
This Regulation shall apply to the production, importation, exportation, 
supply, use and/or recovery of chlorofluorocarbons, other fully 
halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-
trichloroethane, methyl bromide, hydrobromofluorocarbons and 
hydrochlorofluorocarbons. It shall also apply to the reporting of data on 
these substances. 
Article 2 
Definitions 
For the purposes of this Regulation : 
"Protocol" means the Montreal Protocol on Substances that Deplete the 
Ozone Layer, whether in its original version from 19 87 as adjusted in 
1990 and 1992, its amended version from 1990 as adjusted in 1992, or 
its amended version from 1992, 
- "Party" means any Party to the Protocol. However, as to the rights 
and obligations resulting from an amendment to the Protocol and any 
subsequent adjustments to this amendment, any state or regional 
economic integration organization for which that amendment has not 
entered into force is not considered as a Party, 
"controlled substances" means chlorofluorocarbons, other fully 
halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-
trichloroethane, methyl bromide, hydrobromofluorocarbons and 
hydrochlorofluorocarbons, whether existing alone or in a mixture. 
This definition shall not cover any controlled substance which is in 
a manufactured product other than when in a container used for the 
transportation or storage of that substance, and insignificant 
quantities of any controlled substance originating from inadvertent 
or coincidential production during a manufacturing process, from 
unreacted feedstock, or from its use as process agent which is 
present in chemical substances as trace impurities, or that is 
emitted during product manufacture or handling, 
- 11 
"chlcrofluorocarbons" me?ns th° controlled substances listed in Group 
I of Annex I, including their isomers; 
"other fully halogenated chlorofluorocarbons" means the controlled 
substances listed in Group II of Annex I, including their isomers; 
"halons" means the controlled substances listed in Group III of Annex 
I, including their isomers; 
"carbon tetrachloride" means the controlled substance listed in Group 
IV of Annex I; 
"1,1,1-trichloroethane" means the controlled substance listed in 
Group V of Annex I; 
"methyl bromide" means the controlled substance listed in Group VI of 
Annex I; 
"hydrobromofluorocarbons" means the controlled substances listed in 
Group VII of Annex I, including their isomers; 
"hydrochlorofluorocarbons" means the controlled substances listed in 
Group VIII of Annex I, including their isomers; 
"producer" means any natural or legal person manufacturing controlled 
substances within the Community; 
"production" means the amount of controlled substances produced, 
minus the amount destroyed by technologies approved by the Parties 
and minus the amount entirely used as feedstock in the manufacture 
of other chemicals. Any amount recycled and re-used is not to be 
considered as "production"; 
"undertaking" means any natural or legal person which produces, 
recycles for placing on the market or uses in the Community 
controlled substances for industrial or commercial purposes or which 
releases into free circulation in the Community such imported 
substances, or exports such substances from the Community for 
industrial or commercial purposes; 
"ozone-depleting potential" means the figure specified in the final 
column of Annex I representing the potential effect of each 
controlled substance on the ozone layer; 
"calculated level" means a quantity determined by multiplying the 
quantity of each controlled substance by the ozone-depleting 
potential of that substance specified in Annex I and by adding 
together, for each group of controlled substances in Annex I 
separately, the resulting figures; 
"industrial rationalization" 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 achieving economic efficiency of responding to anticipated 
shortfalls in supply as a result of plant closures; 
- 12 -
"recovery" means the collection and the storage of controlled 
substances; 
"recycling" means all cleaning processes of controlled substances 
such as filtering and drying, distillation, and re-processing. 
CHAPTER II 
PHASE-OUT SCHEDULE 
Article 3 
Control of production of controlled substances 
1. Subject to the provisions of paragraphs 8 to 11, each producer shall 
ensure that: 
the calculated level of its production of chlorofluorocarbons in 
the period 1 January to 31 December 1993 does not exceed 50% of 
the calculated level of its production of chlorofluorocarbons in 
1986; 
- the calculated level of its production of chlorofluorocarbons in 
the period 1 January to 31 December 1994 does not exceed 15% of 
the calculated level of its production of chlorofluorocarbons in 
19 86; 
- there is no production of chlorofluorocarbons after 31 December 
1994. 
However, subject to the provisions of paragraphs 8 to 11, each 
producer in a Member State in which the calculated level of 
production of chlorofluorocarbons was less than 15 000 tonnes in 1986 
shall ensure that: 
- the calculated level of its production of chlorofluorocarbons in 
the period 1 January to 31 December 1993 does not exceed 50% of 
the calculated level of its production of chlorofluorocarbons in 
1986; 
- the calculated level of its production of chlorofluorocarbons in 
the period 1 January to 31 December 1994 and in the following 12-
month period does not exceed 15% of the calculated level of its 
production in 19 86; 
- there is no production of chlorofluorocarbons after 31 December 
1995. 
The Commission, in accordance with the procedure set out in 
Article 16, shall determine any essential uses of chlorofluorocarbons 
which may be permitted in the Community after 31 December 19 94 and 
any quantities of chlorofluorocarbons which may be produced by each 
producer for this purpose. such production shall be allowed only if 
adequate alternatives or recycled chlorofluorocarbons are not 
available. 
2. Subject to the provisions of paragraphs 8 to 11, each producer r,hall 
ensure that: 
- the calculated level of its production of other fully halogenated 
chlorofluorocarbons in the period 1 January to 31 December 1993, 
does not exceed 50% of the calculated level of its production of 
other fully halogenated chlorofluorocarbons in 1989; 
the calculated level of its production of other fully halogenated 
chlorofluorocarbons in the period 1 January to 31 December 1994 
does not exceed 15% of the calculated level of its production of 
other fully halogenated chlorofluorocarbons in 1989; 
- there is no production of other fully halogenated 
chlorofluorocarbons after 31 December 1994. 
The Commission, in accordance with the procedure set out in 
Article 16, shall determine any essential uses of other fully 
halogenated chlorofluorocarbons which may be permitted in the 
Community after 31 December 1994 and any quantities of other fully 
halogenated chlorofluorocarbons which may be produced by each 
producer for this purpose. Such production shall be allowed only if 
adequate alternatives or recycled other fully halogenated 
chlorofluorocarbons are not available. 
3. Subject to the provisions of paragraphs 8 to 11, each producer shall 
ensure that: 
- the calculated level of its production of halons in the period 
1 January to 31 December 1993 does not exceed the calculated 
level of its production of halons in 1986; 
- there is no production of halons after 31 December 1993. 
The Commission, in accordance with the procedure set out in 
Article 16, shall determine any essential uses of halons which may be 
permitted in the community after 31 December 1993 and any quantities 
of halons which may be produced by each producer for this purpose. 
Such production shall only be allowed if adequate alternatives or 
recycled halons are not available. 
4. Subject to the provisions of paragraphs 8 to 11, each producer shall 
ensure that : 
- the calculated level of its production of carbon tetrachloride in 
the period 1 January to 31 December 1993 does not exceed 50% of 
the calculated level of its production of carbon tetrachloride in 
1989; 
the calculated level of its production of carbon tetrachloride in 
the period 1 January to 31 December 1994 does not exceed 15% of 
the calculated level of its production of carbon tetrachloride in 
1989; 
- there is no production of carbon tetrachloride after 31 December 
1994. 
The Commission, in accordance with the procedure set out in 
Article 16, shall determine any essential uses of carbon 
tetrachloride which may be permitted in the Community after 
31 December 1994 and any quantities of carbon tetrachloride which may 
be produced by each producer for this purpose. Such production shall 
be allowed only if adequate alternatives or recycled carbon 
tetrachloride are not available. 
5. subject to the provisions of paragraphs 8 to 11, each producer shall 
ensure that: 
- the calculated level of its production of 1,1,1-trichloroethane 
in the period 1 January to 31 December 19 9 3 does not exceed the 
calculated level of its production of 1,1,1-trichloroethane in 
1989; 
the calculated level of its production of 1,1,1-trichloroethane 
in the period 1 January to 31 December 19 94 and in the following 
12-month period does not exceed 50% of the calculated level of 
its production of 1,1,1-trichloroethane in 19 89; 
- there is no production of 1,1,1-trichloroethane after 31 December 
1995. 
The Commission, in accordance with the procedure set out in 
Article 16, shall determine any essential uses of 1,1,1-
trichloroethane which may be permitted in the Community after 
31 December 1995 and any quantities of 1,1,1-trichloroethane which 
may be produced by each producer for this purpose. Such production 
shall be allowed only if adequate alternatives or recycled 1,1,1-
trichloroethane are not available. 
6. Subject to the provisions of paragraphs 8 to 11, each producer shall 
ensure that: 
- the calculated level of its production of methyl bromide in the 
period 1 January to 31 December 1995 does not exceed the 
calculated level of its production of methyl bromide in 1991; 
the calculated level of its production of methyl bromide in the 
period 1 January to 31 December 1996 and in each 12-month period 
thereafter does not exceed 75% of the calculated level of its 
production of methyl bromide in 1991. 
7. Subject to the provisions of paragrahs 9 to 11, each producer shall 
ensure that there is no production of hydrobromofluorocarbons after 
31 December 199 5. 
The Commission, in accordance with the procedure set out in 
Article 16, shall determine any essential uses of 
hydrobromofluorocarbons which may be permitted in the Community after 
31 December 1995 and any quantities of hydrobromofluorocarbons which 
may be produced by each producer for this purpose. Such production 
shall be allowed only if adequate alternatives or recycled 
hydrobromofluorocarbons are not available. 
- 15 -
8. To the extent permitted by the Protocol, a producer may be authorized 
by the competent authority of the Member State in which its relevant 
production is situated, to exceed the calculated levels of its 
production set out in paragraphs 1 to 6 so as to satisfy the basic 
domestic needs of Parties operating under Article 5 of the Protocol, 
provided that the additional calculated levels of production of the 
Member State concerned do not exceed those permitted for this purpose 
by Articles 2A to 2E and 2H of the Protocol for the periods in 
question. The competent authority of the Member State concerned shall 
notify the Commission in advance of any such authorization. 
9. To the extent permitted by the Protocol, a producer may be authorized 
by the competent authority of the Member State in which its relevant 
production is situated, to exceed the calculated levels of its 
production set out in paragraphs 1 to 8 for the purpose of industrial 
rationalization 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 of production of its domestic 
producers set out in paragraphs 1 to 8 for the periods in question. 
The competent authority of the Member State concerned shall notify 
the Commission in advance of any such authorization. 
10. To the extent permitted by the Protocol, a producer may be authorized 
by the Commission, in agreement with the competent authority of the 
Member State in which its relevant production is situated, to exceed 
the calculated levels of its production allowed under paragraphs 1 to 
9 for the purpose of industrial rationalization between Member 
States, provided that the combined calculated levels of production 
of the Member States concerned do not exceed the sum of the 
calculated levels of production of their domestic producers set out 
in paragraphs 1 to 9 for the periods in question. The agreement of 
the competent authority of the Member State in which it is intended 
to reduce production shall also be required. 
11. To the extent permitted by the Protocol, a producer may be authorized 
by the Commission, in agreement both with the competent authority of 
the Member state in which its relevant production is situated, and 
the government of the third Party concerned, to combine the 
calculated levels of its production allowed under paragraphs 1 to 10 
with the calculated levels of production allowed to a producer in a 
third Party under the Protocol and its domestic legislation for the 
purpose of industrial rationalization with a third Party, provided 
that the combined calculated levels of production by the two 
producers do not exceed the sum of the calculated levels of 
production allowed under paragraphs 1 to 10 to the Community producer 
and the calculated levels of production allowed to the third Party 
producer under the Protocol and its domestic legislation. 
Article 4 
Control of supply of controlled substances 
Subject to the provisions of paragraph 10, each producer shall 
ensure that: 
the calculated level of chlorofluorocarbons which it places on 
the market or uses for its own account in the period 1 January to 
31 December 1993 does not exceed 50% of the calculated level of 
chlorofluorocarbons which it placed on the market or used for its 
own account in 19 86; 
the calculated level of chlorofluorocarbons which it places on 
the market or uses for its own account in the period 1 January to 
31 December 1994 does not exceed 15% of the calculated level of 
chlorofluorocarbons which it placed on the market or used for its 
own account in 19 86; 
it does not place on the market or use for its own account 
chlorofluorocarbons after 31 December 1994. 
The Commission, in accordance with the procedure set out in 
Article 16, shall determine any quantities of chlorofluorocarbons 
that could be placed on the market or used for its own account by 
each producer after 31 December 1994 for the purpose of essential 
uses. 
2. Subject to the provisions of paragraph 10, each producer shall 
ensure that: 
- the calculated level of other fully halogenated 
chlorofluorocarbons which it places on the market or uses for its 
own account in the period 1 January to 31 December 1993 does not 
exceed 50% of the calculated level of other fully halogenated 
chlorofluorocarbons which it placed on the market or used for its 
own account in 19 89; 
the calculated level of other fully halogenated 
chlorofluorocarbons which it places on the market or uses for its 
own account in the period 1 January to 31 December 199 4 does not 
exceed 15% of the calculated level of other fully halogenated 
chlorofluorocarbons which it placed on the market or used for its 
own account in 1989; 
- it does not place on the market or use for its own account other 
fully halogenated chlorofluorocarbons after 31 December 1994. 
The Commission, in accordance with the procedure set out in 
Article 16, shall determine any quantities of other fully halogenated 
chlorof luorocarbons that could be placed on the market or used for 
its own account by each producer after 31 December 1994 for the 
purpose of essential uses. 
3. Subject to the provisions of paragraph 10, each producer shall ensure 
that: 
- the calculated level of halons which it places on the market or 
uses for its own account in the period 1 January to 31 December 
1993 does not exceed the calculated level of halons which it 
placed on the market or used for its own account in 19 86; 
it does not place on the market or use for its own account halons 
after 31 December 1993. 
- 17 
The Commission, in accordance with the procedure set out in 
Article 16, shall determine any quantities of halons that could be 
placed on the market or used for his own account by each producer 
after 31 December 1993 for the purpose of essential uses. 
4. Subject to the provisions of paragraph 10, each producer shall ensure 
that: 
the calculated level of carbon tetrachloride which it places on 
the market or uses for its own account in the period 1 January to 
31 December 1993 does not exceed 50% of the calculated level of 
carbon tetrachloride which it placed on the market or used for 
its own account in 1989; 
- the calculated level of carbon tetrachloride which it places on 
the market or uses for its own account in the period 1 January to 
31 December 1994 does not exceed 15% of the calculated level of 
carbon tetrachloride which it placed on the market or used for 
its own account in 1989; 
- it does not place on the market or use for its own account carbon 
tetrachloride after 31 December 1994. 
The Commission, in accordance with the procedure set out in 
Article 16, shall determine any quantities of carbon tetrachloride 
that could be placed on the market or used by each producer for his 
own account after 31 December 1994 for the purpose of essential uses. 
5. Subject to the provisions of paragraph 10, each producer shall ensure 
that: 
- the calculated level of 1,1,1-trichloroethane which it places on 
the market or uses for its own account in the period 1 January to 
31 December 1993 does not exceed the calculated level of 1,1,1-
trichloroethane which it placed on the market or used for its own 
account in 1989; 
- the calculated level of 1,1,1-trichloroethane which it places on 
the market or uses for its own account in the period 1 January to 
31 December 1994 and in the following 12 month period does not 
exceed 50% of the calculated level of 1,1,1-trichloroethane which 
it placed on the market or used for its own account in 19 89; 
it does not place on the market or use for its own account 1,1,1-
trichloroethane after 31 December 1995. 
The Commission, in accordance with the procedure set out in 
Article 16, 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 for the purpose of essential 
uses. 
6. Subject to the provisions of paragraph 10, each producer shall ensure 
that: 
- the calculated level of methyl bromide which it places on the 
market or uses for its own account in the period 1 January to 
- 18 -
31 December 1995 does not exceed the calculated level of methyl 
bromide which it placed on the market or used for its own account 
in 1991; 
the calculated level of methyl bromide which it places on the 
market or uses for its own account in the period 1 January to 
31 December 1996 and in each 12-month period thereafter does not 
exceed 7 5% of the calculated level of methyl bromide which it 
placed on the market or used for its own account in 1991. 
7. Subject to the provisions of paragraph 10, each producer shall ensure 
that it does not place on the market or use for its own account 
hydrobromofluorocarbons after 31 December 1995. 
The Commission, in accordance with the procedure set out in 
Article 16, shall determine any quantities of hydrobromofluorocarbons 
that could be placed on the market or used for his own account by 
each producer after 31 December 1995 for the purpose of essential 
uses. 
8. Subject to the provisions of paragraph 10, each producer 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 
to 31 December 1995 and in each 12-month period thereafter does 
not exceed the sum of : 
= 2.5 per cent of its calculated level of chlorofluorocarbons 
which it placed on the market or used for its own account in 
19 89; and 
= its calculated level of hydrochlorofluorocarbons which it 
placed on the market or used for its own account in 19 89; 
the calculated level of hydrochlorofluorocarbons which it places 
on the market or uses for its own account in the period 1 January 
to 31 December 2000 and in each 12-month period thereafter does 
not exceed 75% of the sum referred to in the first indent; 
the calculated level of hydrochlorofluorocarbons which it places 
on the market or uses for its own account in the period 1 January 
to 31 December 2004 and in each 12-month period thereafter does 
not exceed 40% of the sum referred to in the first indent; 
- the calculated level of hydrochlorofluorocarbons which it places 
on the market or uses for its own account in the period 1 January 
to 31 December 2008 and in each 12-month period thereafter does 
not exceed 20% of the sum referred to in the first indent; 
the calculated level of hydrochlorofluorocarbons which it places 
on the market or uses for its own account in the period 1 January 
to 31 December 2012 and in each 12-month period thereafter does 
not exceed 5% of the sum referred to in the first indent; 
- it does not place on the market or use for its own account 
hydrochlorofluorocarbons after 31 December 2014. 
19 -
By way of derogation from this paragraph, an individual producer may 
be permitted to exceed the above levels on the conditions laid down 
in paragraph 10. 
9. The quantities referred to in paragraphs 1 to 8 apply to the amounts 
of virgin substances which the producer places on the market or uses 
for its own account within the Community from Community production or 
releases into free circulation from imports into the Community. 
10. Any producer having the right to place on the market or use for its 
own account the substances referred to in this Article may transfer 
its right in respect of all or any quantities fixed in accordance 
with this Article to any other producer within the Community. The 
producer acquiring the right shall immediately notify the Commission. 
A transfer of the right to place on the market or use does not imply 
an additional right to produce. 
At the request of a producer, the Commission may adopt measures to 
respond to any shortfalls in its right to place on the market or use 
for its own account hydrochlorofluorocarbons to the extent permitted 
by the Protocol. 
Article 5 
Control of use of hydrochlorofluorocarbons 
1. Commencing on the first day of the sixth month following the entry 
into force of this Regulation, the use of hydrochlorofluorocarbons 
shall be banned, except 
as solvents; 
as refrigerants; 
- for the production of plastic foams; 
in laboratory uses, including research and development; and 
in the medical field. 
2. With effect from 1 January 1995, the use of hydrochlorofluorocarbons 
shall be banned 
- in aerosol containers; 
- in non-contained solvent uses including open-top cleaners and 
open-top dewatering systems, aerosols, adhesives, mould release 
agent and drain cleaning; 
as refrigerants in open equipment; 
as refrigerants in home refrigeration equipment, automotive and 
passenger transport air conditioning, in public and distribution 
cold stores and warehouses, and in industrial food processing, 
cooling and freezing within industrial installations if produced 
after 31 December 1994; 
- 20 -
for the production of flexible or rigid non-insulating foams 
except for the production of integral skin foams for safety 
applications; and 
- as sterilants. 
3. The Commission, in accordance with the procedure set out in 
Article 16 shall define the areas of application referred to in 
paragraphs 1 and 2 and may, in the light of technical progress, amend 
the list set out in paragraph 2. 
4. without prejudice to the provisions of Council Directive 
83/189/EEc(3), Member States shall notify the drafts of the 
measures they intend to adopt to the Commission in order to allow it 
to examine them in the light of existing provisions and, if 
required, to ask Member States to suspend their adoption. 
CHAPTER III 
TRADE REGIME 
Article 6 
Licence to import from third countries 
The release into free circulation in the Community of controlled 
substances which are subject to the quotas referred to in Article 7 
shall be subject to presentation of an import licence, be the 
substances virgin, used or recycled. This licence shall be issued 
by the Commission upon verification of the respect of Articles 6, 7, 
8 and 12. The Commission shall forward a copy of this licence to 
the competent authority of the Member State into which the 
importation is expected to take place. To this end, each Member 
State shall determine its competent authority. 
A request for a licence shall contain: 
(a) the name and the address of the importer and the exporter; 
(b) the country of exportation; 
(c) the description of each controlled substance stating: 
- the commercial description; 
- the heading and the CN code; 
- the nature of the substance (virgin, used or recycled); 
- the quantity of the substance in kilogrammes; 
(3) OJ No L 109, 26.4.1983, p. 8. 
- 21 -
(d) a statement of the purpose of the proposed import (destruction by 
technologies approved by the Parties, recycling, feedstock use or 
other use of the controlled substance); 
(e) the place and date of proposed importation, if known. 
Article 7 
Importation from third countries of controlled substances 
1. Without prejudice to Article 4(9) and unless the substances are used, 
recycled or destined for destruction by a technology approved by the 
Parties or for feedstock use in the manufacture of other chemicals, 
the release into free circulation in the Community of controlled 
substances imported from third countries shall be subject to 
quantitative limits. 
2. The Community shall open the quotas set out in Annex II, which shall 
be applicable for each 12-month period laid down in that Annex, and 
allocate them to undertakings in accordance with the procedure set 
out in Article 16. 
3. The Commission, in accordance with the procedure set out in 
Article 16, may modify the quotas set out in Annex II. 
Article 8 
Importation from non-Parties of controlled substances 
1. The release into free circulation in the Community of virgin, used or 
recycled chlorofluorocarbons, other fully halogenated 
chlorofluorocarbons, halons , carbon tetrachloride or 1,1,1-
trichloroethane imported from any State which is not a Party shall be 
prohibited. 
2. Commencing one year after the date of the entry into force of the 
amendment to the Protocol as adopted by the Parties in Copenhagen, 
the release into free circulation in the Community of virgin, used 
or recycled hydrobromofluorocarbons imported from any State which is 
not a Party shall be prohibited. The Commission shall publish the 
date of the entry into force of this amendment in the Official 
Journal of the European Communities. 
Article 9 
importation from non-Parties of products 
containing controlled substances 
1. Subject to the decision referred to in paragraph 4, the release into 
free circulation in the Community of products imported from any State 
which is not a Party containing chlorofluorocarbons or halons shall 
be prohibited. 
- 22 -
2. Subject to the decision referred to in paragraph 4, the release into 
free circulation in the Community of products imported from any State 
which is not a Party containing other fully halogenated 
chlorofluorocarbons, carbon tetrachloride or 1,1,1-trichloroethane 
shall be prohibited . 
3. Subject to the decision referred to in paragraph 4, the release into 
free circulation in the Community of products imported from any State 
which is not a Party containing hydrobromofluorocarbons shall be 
prohibited. 
4. The Commission, in accordance with the procedure set out in 
Article 16, shall adopt the lists of the products referred to in 
paragraphs 1, 2 and 3 in the light of the lists established by the 
Parties. 
Article 10 
Importation from non-Parties of products 
produced with controlled substances 
In the light of the decision of the Parties, the Council, on a proposal 
from the Commission, shall adopt rules applicable to the release into free 
circulation in the Community of products imported from any State which is 
not a Party which are produced with controlled substances but which do not 
contain these substances. The Council shall act by a qualified majority. 
Article 11 
Exportation to non-Parties of controlled substances 
1. The exportation from the Community of virgin, used or recycled 
chlorofluorocarbons, other fully halogenated chlorofluorocarbons, 
halons, carbon tetrachloride or 1, 1,1-trichloroethane to any State 
which is not a Party shall be prohibited. 
2. Comencing one year after the date published in the Official Journal 
pursuant to Article 8(2), the exportation from the Community of 
virgin, used or recycled hydrobromofluorocarbons to any state which 
is not a Party shall be prohibited. 
Article 12 
Exceptional authorization to trade with 
non-Parties 
By derogation from Article 8, Article 9(1), (2) and (3) and Article 11, 
the trade of controlled substances, as well as products which contain 
and/or are produced with one or several of these substances, with any non­
party may be permitted by the Commission, to the extent that the non-Party 
is determined by a meeting of the Parties to be in full compliance with 
Article 2, Articles 2A to 2E, Article 2G and Article 4 of 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 set out 
in Article 16. 
- 23 -
Article 13 
Trc.dc *'ith "•"Tr:5 •*"0T"i*3C' nr»t- rnvprpd bv the Protocol 
The trade of controlled substances ac- well es products which contain and/or 
are produced with one or ^cverff.i substances with a territory not covered by 
the Protocol is prohibited according to the provisions of Article 8, 
Article 19(1) and Article 11. 
In accordance with the procedure set out in Article 16, the Commission may 
derogate from the rule referred to in the first paragraph to the extent 
that the authorities of the territories in question provide guarantees 
which the commission is satisfied are equivalent to those set out in 
Article 12. 
CHAPTER IV 
EMISSIONS CONTROL 
Article 14 
Recovery of used controlled substances 
Commencing on the first day of the fourth month following the date of the 
entry into force of this Regulation, chlorofluorocarbons, other fully 
halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-
trichloroethane, hydrobromofluorocarbons and hydrochlorofluorocarbons 
contained in 
stationary commercial and industrial refrigeration equipment and air 
conditioning; 
- mobile refrigeration and mobile air-conditioning equipment; 
- fire protection systems; and 
- cleaning machinery containing solvents 
shall be recovered as appropriate for destruction by technologies approved 
by the Parties or for recycling purposes during the servicing and 
maintenance of equipment as well as prior to equipment dismantling or 
disposal. 
The Commission, in accordance with the procedure set out in Article 16, 
shall define the areas of application referred to in the first paragraph. 
Article 15 
Leakages of controlled substances 
Commencing on the first day of the fourth month following the date of the 
entry into force of this Regulation, all precautionary measures should be 
taken to avoid leakages of chlorofluorocarbons, other fully halogenated 
chlorofluorocarbons, halons, hydrobromofluorocarbons and 
hyodrochlorofluorocarbons from commercial and industrial air-conditioning 
and refrigeration equipment during manufacture, installation, operation and 
servicing. 
- 24 -
CHAPTER V 
MANAGEMENT, DATA REPORTING AND FINAL PROVISIONS 
Article 16 
Management 
The Commission shall be assisted by a committee composed of representatives 
of the Member states and chaired by the representative of the Commission. 
The representative of the Commission shall submit to the committee a draft 
of the measures to be taken. The committee shall deliver its opinion on 
the draft within a time limit which the chairman may lay down according to 
the urgency of the matter. The opinion shall be delivered by the majority 
laid down in Article 148 (2) of the Treaty in the case of decisions which 
the Council is required to adopt on a proposal from the Commission. The 
votes of the representatives of the Member States within the committee 
shall be weighted in the manner set out in that Article. The chairman 
shall not vote. 
The Commission shall adopt measures which shall apply immediately. 
However, if these measures are not in accordance with the opinion of the 
committee, they shall be communicated by the Commission to the Council 
forthwith. In that event, the Commission may defer application of the 
measures which it has decided for a period of not more than one month from 
the date of such communication. 
The Council, acting by a qualified majority, may take a different decision 
within the limit referred to in the third paragraph. 
Article 17 
Data reporting 
Each producer, importer and/or exporter of controlled substances 
shall communicate to the Commission, with a copy to the competent 
authority of the Member State concerned, not later than 31 March of 
any year, beginning in 1995, its: 
- total production; 
- increase in production in terms of Article 3(8) to satisfy basic 
domestic needs of Parties operating under Article 5 of the 
Protocol; 
increase in production in terms of Article 3(9), (10) and (11) 
upon authorized industrial rationalisations; 
- quantities recycled; 
- quantities destroyed in accordance with technologies approved by 
the Parties; 
- stocks; 
25 -
- release into free circulation in the Community of imported virgin 
substances, separately from Parties and non-Parties; 
- exports of production from the Community, separately to Parties 
and non-Parties; 
exports of recycled quantities from the community, separately to 
Parties and non-Parties; 
- production placed on the market or used for the producer ' s own 
account inside the Community; 
- recycled quantities placed on the market or used for the 
undertaking•s own account inside the Community; 
- amounts used for feedstocks; 
of each of the controlled substances in respect of the previous 
period 1 January to 31 December. 
Notwithstanding these obligations, the communication referred to in 
this paragraph for the period 1 January to 31 December 1993 shall be 
done not later than the last day of the fourth month following the 
date of the entry into force of this Regulation. 
Each producer, importer and/or exporter of methyl bromide in 1991 
shall communicate to the Commission, with a copy to the competent 
authority of the Member State concerned, the data referred to in 
paragraph 1 in respect of that year not later than the last day of 
the fourth month following the date of the entry into force of this 
Regulation. 
The Commission shall take the appropriate measures to protect the 
confidentiality of the data submitted. 
Article 18 
Inspection 
1. In carrying out the tasks assigned to it by this Regulation, the 
Commission may obtain all necessary information from the governments 
and competent authorities of the Member states and from undertakings. 
2. When sending a request for information to an undertaking the 
Commission shall at the same time forward a copy of the request to 
the competent authority of the Member State in whose territory the 
seat of the undertaking is situated, together with a statement of why 
this information is required. 
3. The competent authorities of the Member States shall undertake the 
investigations which the Commission considers to be necessary under 
this Regulation. 
- 26 -
4. If agreed by the Commission and the competent authority of the Member 
State in whose territory the investigation is to be made, the 
officials of the Commission shall assist the officials of such 
authority in carrying out their duties. 
5. The Commission shall take the appropriate measures to protect the 
confidentiality of information of information obtained pursuant to 
this Article. 
Article 19 
Sanctions 
Each Member State shall determine the penalties to be imposed in the event 
of failure to comply with this Regulation or with any national measures 
taken to secure its implementation; such penalties shall be effective, 
shall be commensurate with their purpose and shall have adequate deterrent 
effect. 
Article 2 0 
Regulation (EEC) No 594/91 is repealed. 
Article 21 
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. 
This Regulation shall be binding in its entirety and directly applicable in 
all Member States. 
Done at Brussels, For the Council, 
The President 
AMJWfX J 
Substances cuvttred by the Regulation 
Group 
Group I 
Group II 
Group III 
Group IV 
Group V 
Group VI CFC13 
CF2CL2 
C2F3C13 
C2F4C12 
C2F5C1 
CFjCL 
C2FC15 
C2F2C14 
CjFCl? 
CjF2Clt 
C3F3C1, 
C3F4C1< 
C3F5C1: 
C3F6C1. 
C3F?C1 
CF2BrCl 
CF3Br 
C2F4Br2 
CCI, 
C2»3C13(2> 
CH-,Br SubBta nee 
(CFC- 11) 
(CFC- 12) 
(CFC-113) 
(CFC-114) 
(CFC-115) 
(CFC-
(CFC-
(CFC-
(CFC-
(CFC-
(CFC-
(CFC-
(CFC-
(CFC-
(CFC-13) 
111) 
112) 
211) 
212) 
213) 
214) 
215) 
216) 
217) 
(halon-1211) 
(halon-1301) 
(halon-2402) 
(carbon tetrachloride) 
(1,1,1-trichloroethane) 
(methyl bromide) Ozone-depleting 
potential(*) 
1.0 
1.0 
0.8 
1.0 
0.6 
3.0 
10.0 
6.0 
1.1 
0.1 
0. 7 
(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 to the Montreal Protocol on 
substances that deplete the ozone layer. 
(2) This formula does not refer to 1,1,2-trichloroethane. 
- 28 -
Substance Ozone-depleting 
potential 
1.00 
0.74 
0.73 
0.8 
1.8 
1.6 
1.2 
1.1 
1.5 
1.6 
1.7 
1.1 
0.1 
1.5 
1.9 
1.8 
2.2 
2.0 
3.3 
1.9 
2.1 
5.6 
7.5 
14 
1.9 
3.1 
2.5 
4.4 
0.3 
1.0 
0.8 
0.4 
0.8 
0.7 
Substance 
CHFC12 
CHF2C1 
CH2FC1 
C2HFC14 
C2HF2C13 
C2HF4C1 
C2H2FC13 
c2H2F2Cl2 
C2H2F3C1 
C2H3F2C1 
C2H4FC1 
C3HFC16 
C3HF2C15 
C3HF3C14 
C3HF4C13 
C3HF5C12 
C3HF6Cl 
C3H2FC15 
C3H2F2Cl4 
C3H2F3C13 
C3H2F4C12 
C3H2F5C1 
C3H3FC14 
c3H3F2Cl3 
c3H3F3Cl2 
C3H3F4C1 
C3H4FC13 
c3H4F2Cl2 
C o HA F -3 C7 J. 
C3HSFC12 
C3H6FC1 (HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC-•21) 
•22) 
•31) 
-121) 
-122) 
-123) 
•124) 
-131) 
•132) 
•133) 
-141) 
•142) 
-151) 
•221) 
•222) 
•223) 
-224) 
•225) 
•226) 
-231) 
•232) 
•233) 
-234) 
•235) 
•241) 
-242) 
-243) 
•244) 
•251) 
•252) 
•253) 
•261) 
•262) 
•271) Ozone-de^pleting 
potential 
0.04 
0.055 
0.02 
0.04 
0.08 
0.06 
0.04 
0.05 
0.05 
0.06 
0.11 
0.07 
0.005 
0.07 
0.09 
0.08 
0.09 
0.07 
0.10 
0.09 
0.10 
0.23 
0.28 
0.52 
0.09 
0.13 
0.12 
0.14 
0.01 
0.04 
0.03 
0.02 
0.02 
0.03 
- 30 -
ANNEX II 
Quantitative limita on importa from third Countriea 
(calculated levels expressed in tonnes) 
Substance 
For 12-month 
periods from 
1 January to 
31 December 
1993 
1994 
1995 
1996 
1997 
1998 
1999 
2000 
2001 
2002 
2003 
2004 
2005 
2006 
2007 
2008 
2009 
2010 
2011 
2012 
2013 
2014 
2015 
and thereafter Group I 
1161 
348 
0 Group II 
14 
4 
0 Group III 
700 
0 Group IV 
1288 
386 
0 Group V 
23 78 
1189 
1189 
0 Group VI 
(% of 1991 
imports) 
(1) 
100% 
75% 
75% 
75% 
75% 
75% 
75% 
75% 
75% 
75% 
75% 
75% 
75% 
75% 
75% 
75% 
75% 
75% 
75% 
75% 
75% Group VII Group VIII 
60 
60 
60 
60 
60 
45 
45 
45 
45 
24 
24 
24 
24 
12 
12 
3 
3 
3 
3 
3 
0 
(1) These percentages will be replaced by absolute figures as soon as these figures are available. They 
will be published by the Commission in the Official Journal. 
ANNEX III 
Codes and deacriptiana of the combined nomenclature for the substances referred to in Annexes I and J! 
CN code 
2903 40 10 
2903 40 20 
2903 40 30 
2903 40 40 
2903 40 50 
ex 2903 40 61 
2903 40 70 
2903 40 80 
2903 40 91 
2903 14 00 
2903 19 10 
ex 3823 90 96 
ex 3823 90 97 
ex 3823 90 98 Description 
- - - Trichlorofluoromethane 
- - - Dichlorodifluoromethane 
- - - Trichlorotrifluoroethane 
- - - Dichlorotetrafluoroethane 
- - - chloropentafluoroethane 
- - - - Chlorotrifluoromethane, Pentachlorofluoroethane, Tetrachlorodifluoroethane, 
Heptachlorofluoropropane, Hexachlorodifluoropropane, Pentachlorotrifluoro-
propane, Tetrachlorotetrafluoropropane, Trichloropentafluoropropane, 
Dichlorohexafluotopropane or Chloroheptafluoropropane 
- - - Bromotrifluoromethane 
- - - Dibromotetrafluoroethane 
- - - Bromochlorodifluoromethane 
- - Carbon tetrachloride 
- - - 1,1,1-Trichloroethane 
- - - - Mixtures containing products falling within codes 2903 40 10, 2903 40 20, 
2903 40 30, 2903 40 40, 2903 40 50 or 2903 40 61 
- - - - Mixtures containing products falling within codes 2903 40 70, 2903 40 80, 
2903 40 91 or 3823 90 96 
- - - Mixtures containing products falling within codes 2903 14 00 or 2903 19 10 

^ ISSN 0254-1475 
COM(93) 202 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-93-307-EN-C 
ISBN 92-77-56747-3 
Office for Official Publications of the European Communities 
ïv-2985 Luxembourg