Amended proposal for a Council Regulation (EC) on substances that deplete the ozone
layer (1)
(1999/C 83/02)
(Text with EEA relevance)
COM(1999) 67 final — 98/0228 (SYN)
(Submitted by the Commission pursuant to Article 189 a (2) of the EC-Treaty on
11 February 1999)
(1) OJ C 286, 15.9.1998, p. 6.
ORIGINAL PROPOSAL AMENDED PROPOSAL
Recital 3
whereas it is established that continued emissions of
ozone-depleting substances at current levels continueto cause significant damage to the ozone layer;whereas it is therefore necessary to take further stepsin order to ensure sufficient protection for humanhealth and the environment;whereas it is established that continued emissions of
ozone-depleting substances at current levels continueto cause significant damage to the ozone layer;whereas ozone depletion in the southern hemispherereached unprecedented levels in 1998; whereas inthree out of four recent springs severe ozone depletionhas occurred in the Arctic region; whereas increasedUV-B radiation resulting from ozone depletion poses asignificant threat to health and environment; whereasit is therefore necessary to take further steps in orderto ensure sufficient protection for human health andthe environment;
Recital 9
whereas the growing availability of alternatives to
methyl bromide should be reflected in an accelerated
phaseout of methyl bromide compared to the
Montreal Protocol; whereas such an acceleratedphaseout is also provided for by other parties of theProtocol; whereas there might be specific criticalagricultural uses and conditions for which the phasingout of methyl bromide would lead to severe technicalor economic difficulties; whereas exemptions shouldbe foreseen for those cases for which the productionand placing on the market of methyl bromide may bepermitted after phaseout;whereas the significant contribution of methyl
bromide to ozone depletion, its high toxicity and the
growing availability of alternatives to methyl bromide
should be reflected in an accelerated phaseout ofmethyl bromide compared to the Montreal Protocol;whereas such an accelerated phaseout is also providedfor by other parties of the Protocol; whereas theremight be specific critical agricultural uses andconditions for which the phasing out of methylbromide would lead to severe technical or economicdifficulties; whereas exemptions should be foreseen forthose cases for which the production and placing onthe market of methyl bromide may be permitted afterphaseout; whereas, to ensure that exemptions aregranted only for genuine critical uses, there should bea mechanism to enable the use of methyl bromide tobe monitored on a Community-wide basis;C 83/4 25.3.1999 Official Journal of the European Communities EN
ORIG INAL PROPO SAL AMENDED PROPOSAL
Recital 8a(new)
whereas even after the phaseout ofcontrolled
substances the Commission may under certain
conditions grant exemptions for essential uses;
whereas care must betaken that exemptions are
granted mainly formedical uses;
Recital 11a(new)
whereas thephaseout ofcontrolled substances requires
conversions tonew technologies oralternative
products; whereas thiscould pose aburden tosmall
and medium-sized undertakings (SMU) inparticular;
whereas Member States should therefore consid er
providing appropriate forms ofassista ncespecifically
toenable SMU tomake thenecessary changes;
Article 2(new definition)
Add after thedefinition ofhydrochlorofluorocarbo ns’,
andpreceding thedefinition offeedstock’:
—new substances’ shall mean substances listed in
Annex IA.This definition shall cover substances
whether alone orinamixture ,andwhether they
arevirgin, recovered, recycled orreclaimed. This
definition shall notcover anysubstance which isin
amanufactured product other than acontainer
used for transportation orstorage ofthat
substance, orinsignificant quantities ofany new
substance, originating from inadvertent or
accidental production during amanufacturing
process orfrom unreacted feedstock;
Article 5(1)(d)
(iii)from the1January 2003, fortheproduction
ofpolyurethane foams for appliances, of
polyurethane flexible faced laminate foams andof
polyurethane sandwich panels, except where these
latter twoareused forinsulated transport;
(iv)from 1January 2004, fortheproduction ofall
foams;(iii)from 1January 2003, fortheproduction ofall
foams;25.3.1999 C83/5 Official Journal oftheEuropean Communities EN
ORIG INAL PROPO SAL AMENDED PROPOSAL
Article 5(6)
The Commission may,following arequest ofa
competent authority ofaMember State and in
accordance with theprocedure laiddown inArticle 17,
authorise atemporary exemption toallow theuseand
placing onthemarket ofhydrochlorofluorocarbons in
derogation from paragraph 1andArticle 4(3)where
itisdemonstrated that, for aparticular use,
technically and economically feasible alternative
substances ortechnologies arenotavailable orcannot
beused.The Commission may,following arequest ofa
compet ent authority ofaMember State and in
accorda nce with the procedure laid down in
Article 17, authorise atime-limited exemption to
allow the use and placing onthe market of
hydrochlorofluorocarb ons in derogation from
paragraph 1andArticle 4(3)where itisdemonstrated
that, foraparticular use,technically andeconomically
feasible alternative substances ortechnologies arenot
available orcannot beused.
Article 15
Chlorofluorocarbons, other fully halogenated
chlorofluorocarbons, halons, carbon tetrachloride,
1,1,1-trichloroethane, hydrobromofluorocarbons and
hydrochlorofluorocarbons contained in:Chlorofluor ocarbons, other fully halogenated
chloro fluorocarbons, halons, carbon tetrachloride,
1,1,1-trichloroe thane, hydrobromofluorocarbons and
hydrochlorofluorocarb onscontained in:
—refrigeration equipment and air-conditioning
equipment,—refrigeration equipment and air-conditioning
equipment,
—equipment containing solvents, —equipment containing solvents,
—fire-protection systems andfireextinguishers, and —fire-protection systems andfireextinguishers, and
—rigid foams —rigid foams
shall berecovered ifpracticable fordestruction by
technologies approved bytheparties orbyanyother
environmentally acceptab ledestruction technol ogy,or
forrecycling orreclamation during theservicing and
maintenance ofequipment orbefore thedismantling
ordisposal ofequipment.shall berecovered ifpracticable fordestruction by
technol ogies approved bytheparties orbyanyother
environmen tally acceptable destruction technology ,or
forrecycling orreclamation during theservicing and
mainte nance ofequipment orbefore thedismantling
ordisposal ofequipment.
Controlled substances foruseasrefrigerants andfor
fire-protection may notbeplaced onthemarket in
disposable containers.
Member States shall promote, asappropriate, the
establishment of destruction, recyclin g and
reclamation facilities. Member States shall define the
minimum qualification requirements fortheservicing
personnel involved.Member States shall promote, asappropriate, the
establis hment of destruction, recycling and
reclamation facilities. Member States shall define the
minimum qualification requirements fortheservicing
personnel involved.
Member States shall report totheCommission by
31Decembe r2001 onthesystems established to
promote therecovery ofused controlled substances,
including thefacilities available andthequantities of
used controlled substances recovered, recycled,
reclaimed ordestroyed.Member States shall report totheCommission by
31December 2001 onthesystems established to
promote therecovery ofused controlled substances,
includi ngthefacilities available andthequantities of
used controll ed substances recovered, recycled,
reclaimed ordestroyed.C83/6 25.3.1999 Official Journal oftheEuropean Communities EN
ORIG INAL PROPO SAL AMENDED PROPOSAL
This provision shall bewithout prejudice toCouncil
Directive 75/442/EEC (1)ortomeasures adopted
following Article 2(2)ofthatDirective.This provision shall bewithout prejudice toCouncil
Directive 75/442/EEC (1)ortomeasures adopted
following Article 2(2)ofthatDirective.
Article 19(2)
When requesting information from anundertaking the
Commission shall atthesame time forward acopy of
therequest tothecompetent authority oftheMember
State within theterritory ofwhich theundertaking’s
seat issituated, together with astatement ofthe
reasons why thatinformation isrequired.When requesting information from anundertaking the
Commission shall atthesame time forward acopy of
therequest tothecompetent authority oftheMember
State within theterritory ofwhich theundertaking’s
seatissituated.
Article 19(3)
Thecompetent authorities oftheMember States shall
carry outtheinvestigations which theCommission
considers necessary under thisRegulation.Thecompetent authorities oftheMember States shall
carry outtheinvestigations which theCommission
consid ers necessary under this Regulation. The
Member States shall also conduct random checks on
imports ofcontrolled substances, and communicate
theschedules and results ofthose checks tothe
Commission.
Article 19(5)
The Commission shall take appropriate steps to
protect theconfidentiality ofinformation obtained
under thisArticle.The Commission shall take appropriate action to
promote adequate exchange ofinformation and
cooperation between national authorities andbetween
nation alauthorities and the Commission. The
Commission shall take appropriate steps toprotect the
confide ntiality ofinformation obtained under this
Article.
Article 20a(new)
CHAPTER Va
NEW SUBST ANCES
Article 20a
New Substances
1. Theproduction, release forfreecirculation inthe
Community and inward processing, placing onthe
market and use ofsubstances inAnnex IAare
prohibited.
(1)OJL194, 25.7.1975, p.39. (1)OJL194, 25.7.1975, p.39.25.3.1999 C83/7 Official Journal oftheEuropean Communities EN
ORIG INAL PROPO SAL AMENDED PROPOSAL
2. The Commission shall, asappropriate, make
proposals toinclude inAnnex IAanysubstances that
arenotcontrolled substances butthatarefound bythe
Scientific Assessment Panel under the Montreal
Proto coltohave significant ozone-depleting potential,
includi ngproposals onpossible exemptions from
paragraph 1.
Annex IA(new)
NEW SUBST ANCES
Bromoc hloromethaneC83/8 25.3.1999 Official Journal oftheEuropean Communities EN