COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC90) 3 final 
Brussels, 14 March 1990 
Proposal for a 
COUNCIL REGULATION (EEC) 
on substances that deplete the ozone layer 
(presented by the Commission) 
- 2 -
EXPLANATORY MEMORANDA 
1. The Community concluded the Vienna Convention for the 
Protection of the Ozone Layer and the Montreal Protocol on 
Substances that Deplete the Ozone Layer with the Council 
Decision 88/540/EEC (1) of 14 October 1988. The Montreal 
Protocol is implemented in the Community through the Council 
Regulation (EEC) No 3322/88 (2) of 14 October 1988 on Certain 
Chlorofluorocarbons and Halons which Deplete the Ozone Layer. 
2. The Montreal Protocol was signed in September 1987. Its 
scientific basis was the theoretical prediction that if CFC and 
halon abundances continue to grow for the next few decades, 
there would eventually be substantial ozone layer depletion. 
3. Recent scientific evidence has, however, indicated that 
the control measures provided for in it are not adequate. This 
evidence concerns mainly the Antarctic ozone hole, the 
perturbed Arctic chemistry and the long-term ozone decreases in 
the northern hemisphere of 3 to 5.5% from 1969 to 1988 in the 
winter months. The same evidence has also shown that carbon 
tetrachloride and methyl chloroform deplete the ozone layer, 
4. In this context, the Council concluded on 2 March 1989 
that there is a need, both within the Community and at a global 
level, for a reduction of at least 85% as soon as possible in 
the current level of production and use of the CFCs with a view 
to their being eliminated towards the end of the century. 
5. At the London Conference on "Saving the Ozone Layer" the 
Commission's position was the reduction of 85% to be achieved 
before 1995 and the total elimination well before the end of 
the century, in 1996 or 1997. 
6. On the basis of the scientific evidence and the expressed 
political will, the Commission submits a proposal for the 
revision of the Council Regulation (EEC) No 3322/88 on certain 
chlorofluorocarbons and halons which deplete the ozone layer 
and for the adoption of measures that are considered to be 
adequate for the protection of the ozone layer. More 
concretely, the Commission proposes more stringent controls on 
CFCs and halons which include their phase-out by 1997 and 1999 
respectively as well as controls on carbon tetrachloride, 
methyl chloroform and other fully halogenated CFCs. 
7. The Commission has reviewed the economic situation of the 
European CFC market. The outcome from this review is that, on 
the basis of the existing legislation in the Member States, 
there appear to be neither current or eventual obstacles to the 
free circulation of products related to CFCs nor any risk of 
distortion of competition between producers. 
(1) OJ L 297, 31 October 1988, p. 8. 
(2) OJ L 297, 31 October 1988, p. 1. 
- 3 -
8. However, the evolution of this situation has to be 
carefully surveyed. In any case, the Commission will consider 
possible different approaches to that of the present proposal, 
in the framework of the discussions to be held for the revision 
of the Montreal Protocol in London in June 1990. 
9. The Commission will also survey the market of substitutes 
to CFCs, particularly with respect to the ozone-depleting 
potential. 
- 4 -
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 to the opinion of the European Parliament(1), 
Having regard to the opinion of the Economic and Social 
Committee(2), 
Whereas it is established that continued emissions of ozone 
depleting substances at current levels cause significant 
damage to the ozone layer; whereas there is an international 
consensus that significant reductions in both production and 
consumption of such substances are necessary; whereas 
Decisions 80/372/EEC(3) and 82/795/EEC(4) provide controls 
which are of limited effect and which cover only two such 
substances (CFC 11 and CFC 12); 
Whereas in view of the responsibilities of the Community for the environment 
and trade, the Council has approved by Decision 88/540/EEC(5) the Vienna 
Convention for the protection of the ozone layer and the Montreal Protocol 
on substances that deplete the ozone layer; 
(1) ... 
(2) ... 
(3) 0J No L 90, 3.4.1980, p. 45. 
(4) 0J No L 329, 25.11.1982, p. 29. 
5 -
Whereas it is necessary for action to be taken at Community 
level to carry out the Community's obligations under the 
Convention and the Protocol, in particular to control 
production and consumption within the Community of certain 
chlorofluorocarbons and halons; 
Whereas, on the basis of the existing legislation in the 
Member States, there appear to be neither current nor potential 
obstacles to the free circulation of products related to CFCs 
nor any risk of distortion of competition between producers; 
Whereas the Protocol also requires certain restrictions to be 
imposed on trade with States which are not Parties to the 
Protocol, and requires certain data to be reported; 
Whereas Council Regulation (EEC) No 3322/88 (6) provides for controls on 
certain chlorofluorocarbons and halons which deplete the ozone 
layer; 
Whereas the more recent scientific evidence indicates that for 
the adequate protection of the ozone layer a higher degree of 
control of chlorofluorocarbons and halons is required than 
that provided by Regulation (EEC) No 3322/88; whereas the same 
evidence indicates that additional controls should be placed 
on all other fully halogenated chlorofluorocarbons, carbon 
tetrachloride and methyl chloroform; 
Whereas on 2 March 1989 the Council concluded that there is a 
need for a reduction as soon as possible of at least 85% in 
the current level of production and use of chlorofluorocarbons 
with a view to their being eliminated towards the end of the 
century; 
Whereas bearing in mind the market structure for chloro-
fluorocarbons, other fully halogenated chlorofluorocarbons, 
halons, carbon tetrachloride and methyl chloroform, it is 
appropriate to control consumption of these substances by 
controlling supply rather than demand; whereas supply can be 
controlled by limiting sales and use by producers in the 
Community, and by limiting imports; 
Whereas it is necessary to keep under review the evolution of 
the market for the above substances, particularly with regard 
to sufficient supply for essential uses, and the state of 
development of appropriate substitutes; 
Whereas additional Community measures may be needed to carry 
out the Community's obligations under the Protocol in respect 
of research and development, and technical assistance; 
Whereas Regulation (EEC) No 3322/88 should be repealed, 
(5) OJ No L 297, 31.10.1988, p. 8. 
(6) OJ No L 297, 31.10.1988, p. 1. 
- 6 -
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation applies to the importation, exportation, 
production and consumption of chlorofluorocarbons, other 
fully halogenated chlorofluorocarbons, halons, carbon 
tetrachloride and methyl chloroform referred to in Annex I, 
as defined in Article 2. 
Article 2 
Definitions 
In this Regulation: 
'the Protocol' means the Montreal Protocol on substances 
that deplete the ozone layer, 
'chlorofluorocarbons' means the substances listed in Group 
I of Annex I, 
'other fully halogenated chlorofluorocarbons* means saturated 
compounds containing all of, and only carbon fluorine and 
chlorine except those whose normal boiling or sublimation 
point has been shown to be in excess of 150 degrees Celsius, 
'halons' means the substances listed in Group II of Annex 
If 
'carbon tetrachloride' means the substance listed in Group 
III of Annex I, 
'methyl chloroform' means the substance listed in Group IV 
of Annex I, 
'producer' means any natural or legal person manufacturing 
chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon 
tetrachloride or methyl chloroform within the Community, 
'undertaking' means any natural or legal person which produces 
or uses in the Community chlorofluorocarbons, other fully halogenated 
chlorofluorocarbons, halons, carbon tetrachloride or methyl 
chloroform for industrial or commercial purposes or which 
imports those substances into, or exports them 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 substance on the ozone layer, 
'calculated level' means a quantity determined by 
multiplying the quantity of each substance by the ozone-
depleting potential of that susbstance specified in Annex I 
- 7 -
and by adding together, for each group of substances in Annex 
I separately, the resulting figures, 
'industrial rationalization' means the transfer either 
between Parties to the Protocol 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 
efficiencies or responding to anticipated shortfalls in supply 
as a result of plant closures. 
PART I 
Import Regime 
Article 3 
1. The importation into the Community of chloro-
fluorocarbons, other fully halogenated chlorofluorocarbons, 
halons, carbon tetrachloride and methyl chloroform originating 
in third countries which are Parties to the Protocol shall be subject to 
quantitative limits. 
2. For this purpose the Community shall open the quotas set 
out in Annex II which shall be applicable during the periods 
laid down in that Annex. 
3. The Commission in accordance with the procedure set out in 
Article 10, may modify the quotas set out in Annex II. 
Article 4 
1. With effect from 1 January 1991, the importation into the 
Community of chlorofluorocarbons, other fully halogenated 
chlorofluorocarbons, halons, carbon tetrachloride and methyl 
chloroform originating in third countries which are not Parties 
to the Protocol is prohibited. 
- 8 -
2, By derogation from paragraph 1 above, the importation 
into the Community of chlorofluorocarbons, other fully 
halogenated chlorofluorocarbons, halons, carbon tetrachloride 
and methyl chloroform originating in a third country which is not 
Party to the Protocol may be permitted by the Commission if 
that country is determined by a meeting of the Parties to the 
Protocol to be in full compliance with Articles 2 and 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 10. 
Article 5 
1. Subject to paragraph 2, the importation into the Community of products 
originating in third countries which are not Parties to the Protocol, 
containing chlorofluorocarbons, other fully halogenated chlorofluorocarbons, 
halons, carbon tetrachloride and methyl chloroform is prohibited with 
effect from 1 January 1993. 
2. The Council, on the proposal of the Commission, shall 
adopt before that date the list of these products in the light 
of the list established by the Parties to the Protocol. The 
Council shall act by a qualified majority. 
Article 6 
In the light of the decision of the Parties to the Protocol, 
the Council, on the proposal of the Commission, shall adopt 
rules applicable to the importation into the Community of 
products originating in third countries which are not Parties 
to the Protocol, which are produced with chlorofluorocarbons, 
other fully halogenated chlorofluorocarbons, halons, carbon 
tetrachloride and methyl chloroform but which do not contain 
these substances. The Council shall act by a qualified 
majority. 
Article 7 
1. The release into free circulation in the Community of 
chlorofluorocarbons, other fully halogenated chloro-
fluorocarbons, halons, carbon tetrachloride and methyl 
chloroform which are subject to the quotas referred to in 
Article 3 shall be subject to presentation of an import 
licence issued by the competent authority of the Member State 
in which these substances are to be released into free 
circulation in the Community. This licence shall be issued in 
accordance with the quotas allocated to importers by the 
Commission following the procedure set out in Article 10. 
- 9 -
2. A request for a licence shall contain: 
(a) the name and address of the importer; 
(b) the description of each substance stating: 
the commercial description, 
- the heading in the combined nomenclature, 
the country of origin, 
- the country from which the substance is imported; 
(c) a statement of the quantity of each substance to be 
imported in tonnes; 
(d) the place and date of proposed importation, if known. 
PART II 
Article 8 
Control of production 
1. Each producer shall, subject to the provisions of 
paragraphs 6 and 7, ensure that: 
- the calculated level of its production of chlorofluoro-
carbons in the period 1 January to 31 December 1991 does not 
exceed the calculated level of its production in 1986; 
- the calculated level of its production of chloro-
fluorocarbons in the period 1 January to 31 December 1992 and 
in each 12-month period thereafter, does not exceed 50% of the 
calculated level of its production in 1986; 
- the calculated level of its production of chloro-
fluorocarbons in the period 1 January to 31 December 1996 and 
in each 12-month period thereafter, does not exceed 15% of the 
calculated level of its production in 1986; 
there is no production of chlorofluorocarbons after 31 
December 1997. 
The Commission, in accordance with the procedure set out in Article 10, 
shall determine the quantities of chloro-fluorocarbons that 
could be produced in the Community after this date for the 
purposes of essential uses or for the provision of developing 
countries. 
- 10 
2. Each producer shall, subject to the provisions of 
paragraphs 6 and 7, ensure that: 
the calculated level of its production of other fully 
halogenated chlorofluorocarbons in the period 1 January to 31 
December 1992 and in each 12-month period thereafter, does not 
exceed 50% of the calculated level of its production in 1986; 
the calculated level of its production of other fully 
halogenated chlorofluorocarbons in the period 1 January to 31 
December 1996 and in each 12-month period thereafter, does not 
exceed 15% of the calculated level of its production in 1986; 
there is no production of other fully halogenated chloro-
fluorocarbons after 31 December 1997. 
The Commission, in accordance with the procedure set out in Article 10/-
shall determine the quantities of other fully halogeneted 
chloro-fluorocarbons that could be produced in the Community 
after this date for the purposes of essential uses or for the 
provision of developing countries. 
3. Each producer shall, subject to the provisions of 
paragraphs 6 and 7, ensure that: 
the calculated level of its production of halons in the 
period 1 January to 31 December 1992 and in each 12-month 
period thereafter does not exceed the calculated level of its 
production of halons in 1986; 
- the calculated level of its production of halons in the 
period 1 January to 31 December 1996 and in each 12-month 
period thereafter does not exceed 50% of the calculated level 
of its production of halons in 1986; 
- there is no production of halons after 31 December 1999. 
The Commission, in accordance with the procedure set out in Article 10, 
shall determine the quantities of halons that could be 
produced in the Community after this date for the purposes of 
essential uses or for the provision of developing countries. 
4. Each producer shall, subject to the provisions of 
paragraphs 6 and 7, ensure that: 
the level of its production of carbon tetrachloride in 
the period 1 January to 31 December 1992 and in each 12-month 
period thereafter will not exceed 50% of the level of its 
production in 1986; 
there is no production of carbon tetrachloride after 31 
December 1997, except for its use as a feedstock for the 
production of other industrial products. 
5. Each producer shall, subject to the provisions of 
paragraphs 6 and 7, ensure that: 
- 11 -
- the level of its production of methyl chloroform in 
the period 1 January to 31 December 1992 and in each 12-month 
period thereafter does not exceed the level of its production 
in 1986; 
- the level of its production of methyl chloroform in 
the period 1 January to 31 December 1998 and in each 12-month 
period thereafter does not exceed 80% of its level of 
production in 1986; 
- the level of its production of methyl chloroform in 
the period 1 January to 31 December 2000 and in each 12-month 
period thereafter dpes not exceed 60% of its level of 
production in 1986. 
6. A producer may be authorized by the Commission in 
agreement with the competent authority of the Member State in 
which it is situated, to exceed the calculated levels of 
production set out in paragraphs 1, to 5 for the 
purposes of industrial rationalization between Parties to the 
Protocol or so as to satisfy the basic domestic needs of 
States operating under Article 5 of the Protocol, provided 
that the calculated levels of production of chloro-
fluorocarbons, other fully halogenated chlorofluorocarbons, 
halons, carbon tetrachloride and methyl chloroform 
respectively of the Member State concerned do not exceed the 
levels permitted by Article 2 of the Protocol for the periods 
in question. 
In the case of authorization for industrial rationalization, 
the agreement of the competent authority of the Member State 
in which it is intended to reduce production shall also be 
required. 
7. A producer may exceed the calculated levels of production 
set out in paragraphs 1 to 5 for the purposes of 
industrial rationalization within the Member State in whose 
territory the producer is established, provided that the 
obligations of that Member State under the Protocol are not 
thereby infringed. The competent authority of the Member 
State and the Commission shall be notified beforehand. 
Article 9 
Control on consumption through control of supply in the 
Community * 
1. Each producer shall ensure that the quantity of chloro-
fluorocarbons which it places on the market or uses for its 
own account within the Community from quantities produced by 
it shall not exceed: 
in the period 1 January to 31 December 1991, the 
calculated level of the quantity which it placed on the market 
or used for its own account within the Community in 1986; 
- 12 -
in the period 1 January to 31 December 1992, and in each 
12-month period thereafter, 50% of the calculated level of the 
quantity which it placed on the market or used for its own 
account within the Community in 1986. 
in the period 1 January to 31 December 1996, and in each 
12-month period thereafter, 15% of the calculated level of the 
quantity which it placed on the market or used for its own 
account within-the Community in 1986. 
2. Each producer shall ensure that it does not place on the 
market or use for its own account within the Community from 
quantities produced by it any quantity of chlorofluorocarbons 
after 31 December 1997. 
The Commission, in accordance with the procedure set out in Article 
10, shall determine the quantities of chlorofluorocarbons that 
could be placed on the market or used for its own account 
by each producer for the purposes of essential uses and for 
the provision of developing countries. 
3. Each producer shall ensure that the quantity of other 
fully halogenated chlorofluorocarbons which it places on the 
market or uses for its own account within the Community from 
quantities produced by it shall not exceed: 
in the period 1 January to 31 December 1992, and in each 
12-month period thereafter, 50% of the calculated level of the 
quantity which it placed on the market or used for its own 
account within the Community in 1986, 
in the period 1 January to 31 December 1996, and in each 
12-month period thereafter, 15% of the calculated level of the 
quantity which it placed on the market or used for its own 
account in 1986, 
4. Each producer shall ensure that it does not place on the 
market or use for its own account within the Community from 
quantities produced by it any quantity of other fully 
halogenated chlorofluorocarbons after 31 December 1997. 
The Commission, in accordance with the procedure set out in Article 
10, shall determine the quantities of other fully halogenated 
chlorofluorocarbons that could be placed on the market or 
used for its own account by each producer for the purposes of 
essential uses and for the provision of developing countries. 
5. Each producer shall ensure that the quantity of halons 
which it places on the market or uses for its own account 
within the Community from quantities produced by it shall not exceed: 
in the period 1 January to 31 December 1992, and in each 
12-month period thereafter, the calculated level of the 
quantity which it placed on the market or used for its own 
account within the Community in 1986, 
- 13 -
in the period 1 January to 31 December 1996, and in each 
12-month period thereafter, 50% of the calculated level of the 
quantity which it placed on the market or used for its own 
account within the Community in 1986. 
6. Each producer shall ensure that it does not place on the 
market or use- for its own account within the Community from 
quantities produced by it any quantity of halons after 31 
December 1999. 
The Commission, in accordance with the procedure set out in Article 
10, shall determine the quantities of halons that could be 
placed on the market or used for its own account by each 
producer for the purposes of essential uses and for the 
provision of developing countries. 
7. Each producer shall ensure that the quantity of carbon 
tetrachloride which it places on the market or uses for its 
own account within the Community from quantities produced by 
it shall not exceed in the period 1 January to 31 December 
1992, and in each 12-month period thereafter, 50% of the 
quantity which it placed on the market or used for its own 
account within the Community in 1986. 
8. Each producer shall ensure that it does not place on the 
market or use for its own account within the Community from 
quantities produced by it any quantity of carbon tetrachloride 
after 31 December 1997 except for its use as a feedstock for 
the production of other industrial products. 
9. Each producer shall ensure that the quantity of methyl 
chloroform which it places on the market or uses for its own 
account within the Community from quantities produced by it 
shall not exceed: 
in the period 1 January to 31 December 1992, and in 
each 12-month period thereafter, the calculated level of the 
quantity which it placed on the market or used for its own account within 
the Community in 1986; 
in the period 1 January to 31 December 1998, and in 
each 12-month period thereafter, 80% of the calculated level of the 
quantity which it placed in the market or used for its own 
account within the Community in 1986; 
- in the period 1 January to 31 December 2000, and in 
each 12-month period thereafter, 60% of the calculated level of the 
quantity which it placed in the market or used for its own 
account within the Community in 1986. 
10. Any imports permitted in accordance with Articles 3 to 7 
shall be in addition to the quantities which producers may place on the 
market or use for their own account under this Article. 
- 14 -
11. Beginning with the control period 1 January to 31 
December 1993, the quantities resulting from the application 
of paragraphs 1 to 7 will be reduced in a given 12-month 
control period thereafter by the quantities of fully 
haiogenated chlorofluorocarbons, halons, carbon tetrachloride 
or methyl chloroform as appropriate that were exported to 
countries which are not Parties to the Protocol during that 12-month 
control period. 
12. The quantities resulting from the application of 
paragraphs 1 to 7 may be increased by the Commission if 
imports of these substances into the Community in any 12-month 
period to which paragraphs 1 to 7 apply shall be less than the 
respective quantitative limits fixed in Annex II. 
The Commission shall act in accordance with the procedure set 
out in Article 10. 
13. 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 of the quantity 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 such right does not imply additional right to produce. 
15 -
PART III 
Management, data reporting and final provisions 
Article 10 
The Commission shall be assisted by a committee composed of 
the 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 time limit referred to in the 
third paragraph. 
Article 11 
Data reporting 
1. Each producer, importer and exporter of chloro-
fluorocarbons, other fully halogenated chlorofluorocarbons, 
halons, carbon tetrachloride and methyl chloroform shall 
communicate to the Commission, with a copy to the competent 
authority of the Member State concerned, not later than 28 
February of every year the figures of its: 
- 16 -
- production, 
- quantities placed on the market or used for the producer's 
own account within the Community, 
imports into the Community, 
- exports from the Community, separately to countries which are Parties to the Montreal Protocol and to those which are not, 
- stocks, 
- quantities destroyed, in accordance with technologies 
approved by the Parties to the Protocol, 
of each of the chlorofluorocarbons, other fully halogenated 
chlorofluorocarbons, halons, carbon tetrachloride and methyl 
chloroform listed in Annex I in respect of the period 1 
January to 31 December 1991 and for each 12-month period 
thereafter. 
2. Each company which produced, imported or exported carbon 
tetrachloride, methyl chloroform or any fully halogenated 
chlorofluorocarbon other than CFC-11, CFC-12, CFC-113, CFC-114 
and CFC-115 in 1986 shall communicate to the Commission the 
data referred to in paragraph 1 in respect of that year not 
later than 30 November 1990. 
3. The communications referred to in the last indent of 
paragraph 1 shall be made to the Commission for the first time 
on 28 February of the subsequent year following the date on 
which approval is granted. 
4. The Commission will take the appropriate measures to 
protect the confidentiality of the submitted data. 
Article 12 
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 
- 17 
3. The competent authorities of the Member States will 
undertake the investigations which the Commission considers to 
be necessary under this Regulation. 
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 will take the appropriate measures to 
protect the confidentiality of information obtained pursuant 
to this Article. 
Article 13 
Member States shall take appropriate legal or administrative 
action in case of infringement of the provisions of this 
Regulation. 
Article 14 
Regulation (EEC) No 3322/88 is hereby repealed. 
Article 15 
This Regulation shall enter into force on 1 January 1991. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at ........... 
For the Council 
The President 
- 18 -
ANNEX I 
Substances covered by the Regulation 
The Regulation applies to the the substances listed in this 
Annex, whether alone or in a mixture; it does not apply to any 
such substance which is in a manufactured product other than a 
container used for the transport or storage of the substance 
listed. 
Group Substance Ozone-depleting potential (1) 
Group I CFC13 
CF2C13 
C2F3C13 
C2F4C12 
C2F5C1 (CFC- 11) 
(CFC- 12) 
(CFC-113) 
(CFC-114) 
(CFC-115) 1,0 
1,0 
0,8 
1,0 
0,6 
Group II CF2BrCl (halon-1211) 
CF3Br (halon-1301) 
C2F4Br2 (halon-2402) 3,0 
10,0 
6,0 
Group III CC14 (carbon tetrachloride) 1,1 (2) 
Group IV CC13CH3 (methyl chloroform) 0,1 (2) 
(1) These ozone-depleting potentials are estimates based on 
existing knowledge and will be reviewed and revised 
periodically. 
(2) Provisional figure pending decision of the Parties to the 
Protocol. 
- 19 -
ANNEX II 
Quantitative limits on imports from third countries 
parties to the Protocol 
Descrip­
tion (2) 
Group I 
of 
Annex I 
(Fully Units 
Weigh­
ted 
tonnes 
(1) 
halogenated For 12-month 
periods from 
1 January 1992 
to 31 December 
1995 
1 161 (b) 
chlorofluorocarbons) 
Group II 
of 
Annex I 
(HaIons) 
Group III 
of 
Annex I 
(carbon 
tetra­
chloride) 
Group IV 
of 
Annex I 
(methyl 
chloro­
form) Weigh­
ted 
tonnes 
(1) 
Weigh­
ted 
tonnes 
(1) 
Weigh­
ted 
tonnes 
(1) For 12-month 
periods from 
1 January 1992 to 31 December 
1995 
700 (a) 
For 12-month 
periods from 
1 January 1992 
to 31 December 
1997 
x (b) 
For 12-month 
periods from 
1 January 1992 
to 31 December 
1997 
y(a) For 12-month 
periods from 
1 January 1996 
to 31 December 
1997 
348 (c) 
For 12-month 
periods from 
1 January 1996 to 31 December 
1999 
350 (b) 
From 1 Janu­
ary 1998 
0 
For 12-month 
periods from 
1 January 1998 
to 31 December 
1999 
zl(d) From 1 Ja­
nuary 1998 
0 
From 1 Janu­
ary 2000 
0 
For 12-month 
periods from 
1 January 
2000 
z2(e) 
(a) 
(b) 
(c) 
(d) 
(e) 
(1) 
(2) Equals imports in 1986. 
Equals imports in 1986 minus 50%. 
Equals imports in 1986 minus 85%. 
Equals imports in 1986 minus 20%. 
Equals imports in 1986 minus 40%. 
Weighted according to the ozone-depleting potentials 
specified in Annex I. This is equivalent to the 
calculated levels mentioned in the Regulation. 
The codes and the descriptions of the combined 
nomenclature are indicated in Annex III. 
- m-
ANNEX III 
Codes and descriptions of the combined nomenclature 
for the substances referred to in Annexes I and II 
CN code Description 
2903 40 10 
2903 40 20 
2903 40 30 
2903 40 40 
2903 40 50 
2903 40 70 
2903 40 80 
2903 40 91 
ex 3823 90 96 
ex 3823 90 97 - - - Trichlorofluoromethane 
- - - Dichlorofluoromethane 
- - - Trichlorotrifluoroethane 
- - - Dichlorotetrafluoroethane 
- - - Chloropentafluoroethane 
- - - Bromotrifluoromethane 
- - - Dibromotetrafluoroethane 
- - - Bromochlorodifluoromethane 
Mixtures containing products falling 
within codes 2903 40 10, 2903 40 20, 
2903 40 30, 2903 40 40 or 2903 40 50 
Mixtures containing products falling 
within codes 2903 40 70, 2903 40 80, 
2903 40 91 or 3823 90 96 
* codes and descriptions of the combined nomenclature for the 
new controlled substances to be added 
- 21 -
COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT 
I. The adequate protection of the ozone layer. 
II. (a) The producers of these substances are big chemical 
companies. In somes areas of use of these substances 
there are several SMEs. However, the major part of 
users, too, are big companies. 
(b) Companies are everywhere in the Community. 
III. Produces have to comply with the reduction schedules in 
production of controlled substances. 
IV. None. 
V. No. 
VI. It is expected that the measures proposed will not have 
any significant effect on competitiveness or employment. 
vu. The Commission holds regular meetings with industry and 
there is a consensus on the broad lines of action that 
should be taken to safeguard the ozone layer. 

ISSN 0254-1475 
COM(90) 3 final 
DOCUMENTS 
EN 15 
Catalogue number : CB-CO-90-034-EN-C 
ISBN 92-77-56954-9 
Office for Official Publications of the European Communities 
L-2985 Luxembourg