Opinion of the European Economic and Social Committee on the "Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No. 2037/2000 as regards the critical uses and export of halons, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane"

(COM(2002) 642 final - 2002/0268 (COD))

(2003/C 95/08)

On 10 December 2003 the Council decided to consult the European Economic and Social Committee, under Article 175 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 4 February 2003. The rapporteur was Mr Braghin.

At its 397th plenary session on 26 and 27 February 2003 (meeting of 26 February), the European Economic and Social Committee adopted the following opinion by 111 votes in favour and three abstentions.

1. Introduction

1.1. Although the present proposal to amend Regulation (EC) No 2037/2000 is of limited scope, it represents further progress in Community moves to phase out substances scientifically recognised as responsible for the reduction of the ozone layer in the stratosphere and the ensuing increase in ultraviolet radiation.

1.2. Since the adoption in 1987 of the Montreal Protocol, which laid down initial steps to control the production and use of CFCs and halons, the EU has consistently been at the forefront in efforts to phase out and/or replace all products demonstrated by studies to be responsible for destroying the ozone layer. The EESC has always given its political backing to the Community strategy and has helped - occasionally by means of critical comment - to pursue the priority objective of maintaining a consistently high level of environmental protection while acknowledging the need to safeguard Europe's productive fabric(1).

1.3. The course taken by Community legislation, and the way it has been applied in individual cases, have so far enabled European industry to maintain its world competitiveness: the progressive removal, often in anticipation, of potentially hazardous substances has been matched by increased scientific research and the ensuing use of alternative products, allowing safeguards for production to be combined with a higher level of environmental protection.

1.4. The proposed amendments follow the path previously laid down by the EU, which over the last ten years has consistently led the field in terms of both legislative developments and implementation, mindful that lasting and sustainable growth requires not only a preventive approach to product and manufacturing design, but also an understanding of the effects around the world.

2. Summary of the Commission's proposal

2.1. In applying Regulation (EC) No 2037/2000, a number of issues have emerged and have been discussed with the Member States in the relevant management committee. The proposed amendments are intended to resolve these issues with a view to the effective and safe implementation of the regulation.

2.2. The first amendment, regarding the controlled substance halon, establishes timeframes for reducing the use of halons for critical uses, where justified, when reviewing Annex VII.

2.3. The second amendment concerns the export of halon: from 1 January 2004 export would be allowed only for the critical uses set out in Annex VII, the purpose being to ensure that exports are carried out safely.

2.4. The third amendment aims to stop the growing export trade in used refrigeration and air-conditioning equipment to developing countries, since these countries do not possess adequate destruction facilities and the CFCs contained in the equipment could ultimately leak into the atmosphere and damage the ozone layer.

2.4.1. At the same time, other products containing insulating foam or integral skin foam produced with CFCs, present in particular in second hand aircraft and vehicles, are to be explicitly excluded from the prohibition under Article 11, thereby clarifying the scope of the export ban.

2.5. The fourth amendment concerns bromochloromethane, the new substance currently referred to in Annex II. The Commission proposes to insert it in Annex I, Group III, in order to apply the same provisions as for other controlled substances.

3. Comments on the content and outlook

3.1. The EESC supports the proposed amendments, which are consistent with the environmental objective of Regulation (EC) No 2037/2000, and set out to provide practical solutions for the safer and more effective achievement of this objective.

3.2. In particular the EESC welcomes the approach regarding exports, which are to be subject to specific authorisations and strict controls. The purpose is to reduce the amount of substances harmful to the ozone layer released into the atmosphere, including in countries outside the EU and which are not signatories to the Montreal Protocol.

3.3. The EESC is aware of the difficulties encountered in disposing of foams containing CFCs, which are present in a range of widely-used items other than refrigerators and freezers, such as vehicles and aircraft, with the risk that critical substances may be released into the atmosphere in the course of final destruction. Although an adequate solution is not at present available, it is hoped that this issue will be addressed not only as part of the future proposal on integrated product policy, but also as a separate aspect in its own right.

3.4. In the final version of the regulation, the discrepancy between the wording of Article 1(3)(c) and that of Article 1(4)(a) should be removed, since the texts they refer to are worded identically.

3.5. The EESC's view, put forward in many previous opinions, is that means should be sought to encourage substitution and that finance should be available for detailed scientific research programmes geared to alternative, non-polluting products, so that the environmental "added value" of such products can be verified over a period of time.

3.5.1. The EESC welcomes the fact that the candidate countries have already received proper support in applying Regulation No 2037/2000, and that they have signed the Montreal Protocol: these are preconditions for consistent and uniform application in an enlarged EU.

3.6. In the light of the above, and of the new situation which will exist in 2004 regarding both the new export arrangements from 1 January of that year and, even more importantly, EU enlargement, the Committee wonders whether the time has come for a thorough-going review leading to a new regulation, rather than continuing with successive amendments.

3.7. The EESC would once again call upon the Commission to pursue the basic objective of involving those countries which have not signed the Montreal Protocol in this global drive. The protocol is now achieving major results in a number of developing countries, where work is already under way to phase out the use of CFCs and replace them immediately with more environmentally friendly technologies.

Brussels, 26 February 2003.

The President

of the European Economic and Social Committee

Roger Briesch

(1) Opinions: in OJ C 49, 24.2.1992; in OJ C 287, 4.11.1992; in OJ C 201, 26.7.1993; in OJ C 52, 19.2.1994; and NAT/002 - in OJ C 40, 15.2.1999, pp. 34-37.