Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 594/91 of 4 March 1991 in order to speed up the phasing-out of substances that deplete the ozone layer
Date: 1992-03-20
Institutions: European Commission
Subjects: halogen, ozone, protocol to an agreement, quantitative restriction, stratospheric pollution

COMMISSION OF THE EUROPEAN COMMUNITIES 

COM(92)106  final 

Brussels, 20  March 1992 

lMi •'' 

8*1-.': 

Proposal  for a 

COUNCIL  REGULATION (EEC) 

amending Regulation  (EEC) No 594/91 of 4 March 1991 

In order to speed up the phasing-out of 

substances that  deplete the ozone  layer 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Council  Regulation  (EEC)  No 594/91  of  4 March  1991  on  substances  that 
deplete  the  ozone  layer^1)  provides  for  quantitative  restrictions  on 
the  production  and  consumption  of  chlorofluorocarbons  11,  12, 113,  114 
and  115,  other  fully  halogenated  chlorofluorocarbons,  halons,  carbon 
tetrachloride  and  1,1,1-trichloroethane.  It  is  based  on  the  Montreal 
Protocol  on  Substances  that  Deplete  the  Ozone  Layer,  to  which  the 
Member  States  and  the European Community  are  Parties. 

The  Scientific  Evaluation  Group  of  the  United  Nations  Environment 
Programme  (UNEP) found  the  hole  in the ozone  layer  in  the  Antarctic  in 
1991  to  be  as  deep  and  extensive  as  the  holes  observed  in  1987,  1989 
and  1990.  For  the  first  time, observations  in  the  Antarctic  confirmed 
that  the  loss  of  ozone  coincides  with  an  increase  in  ultraviolet 
radiation  at  ground  level.  Moreover,  the  stratospheric  ozone  layer  is 
being  depleted  more  rapidly  than  expected  and  ozone  losses  are  now 
being  observed  over  densely  populated  areas  of  Europe  and  North 
America.  The  satellite-mounted  TOMS  spectrometer  measured  ozone  losses 
from  December  to March of  - 5.6% ±  3.5% per  decade over  the period  1979 
to  1991  at  a  latitude  of  45*  North.  The  concentration  of  chlorine  in 
the  stratosphere  is expected  to  increase  from  the  present  level  of  3.3 
ppmv  (parts  per  million  volume)  to  4.1  ppmv  in  the  year  2000.  This 
increase  will  occur  even  if all  the  parties  apply  the  revised  Protocol 
(London,  1990). 

The  UNEP  technological  and  economic  evaluation  group  concluded  that  it 
is technically  feasible  to phase  out  ozone  depleting  substances  sooner 
than  the deadline  imposed  by  the  revised  Protocol  (London, 1990) and by-
Regulation  (EEC) No  594/91.  In the developed  countries, consumption of 
practically  all  chlorofluorocarbons  and  halons  could  be  eliminated  by 
1995-97,  consumption  of  1 ,1 ,1-trichloroethane  as  early  as  1995, and  by 
the  year  2000  at  the  latest,  and  consumption  of  carbon  tetrachloride 
for  the  vast  majority  of  applications  by  1995, with  final  elimination 
by  1997. 

On  the  basis  of  the  convincing  scientific  and  technical  data  produced 
by  the  UNEP  evaluation  procedure,  the  Commission  is  submitting  to  the 
European  Parliament  and  the  Economic  and  Social  Committee  for  opinion 
and  to  the  Council  for  adoption  a  proposal  for  a  Regulation  amending 
Regulation  (EEC)  No 594/91  of  4 March  1991  in  order  to  speed  up  the 
phasing-out  of ozone  depleting substances. 

(1 ) 0J  No L 67,  14.3.91, p . 1 . 

\ 

COUNCIL  REGULATION  (EEC) No  .../.. 

of 

amending Regulation  (EEC) No 594/91 of  4 March  1991 

in order  to speed up  the phasing-out of 

substances  that  deplete  the ozone  layer 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having  regard  to the Treaty establishing  the European  Economic  Community, 
and  in particular  Article  130s thereof, 

Having  regard  to the proposal  from  the Commission,<1) 

Having  regard  to the opinion of  the European Par Iiament, <2) 

Having  regard  to the opinion of  the Economic  and Social  Committee,^3^ 

Whereas, according  to the  latest scientific knowledge, the ozone  layer  is 
not  reforming  over  the  Antarctic;  whereas  depletion  of  the  ozone  layer 
over  the  Northern  hemisphere  is  more  extensive  than  was  previously 
generally  accepted; 

Whereas  scientific  studies  forecast  continued  depletion  of  the  ozone 
layer until  the year  2005, unless  the production and consumption of  fully 
halogenated  chlorofluorocarbons,  halons,  carbon  tetrachloride  and 
1,1,1-trichloroethane  is brought  to an end  in the very  near  future. 

Whereas, except  for  certain essential  uses,  it  is technically  possible  to 
phase  out  all  consumption  of  chlorofluorocarbons,  halons,  1,1,1-
trichloroethane  and,  for  most  applications,  carbon  tetrachloride  by  the 
end of 1995; 

Whereas  Council  Regulation  (EEC)  No 594/91  provides  for  controls  on 
substances  that  deplete  the ozone  layer; 

Whereas,  in the  light  in particular  of  recent  scientific knowledge,  it is 
appropriate,  in  general,  to  introduce  stricter  control  measures  than 
those provided  for  in Council  Regulation  (EEC) No 594/91; 

(1) 0J No . 
(2) 0J No L 
(3) OJ No L 

HAS ADOPTED  THIS  REGULATION: 

-  2 -

Art icle 1 

Control  of  the production  and  consumption  of 
chlorofluorocarbons 11, 12, 113, 114 and  115 

The  following  changes  are  hereby  made  to Articles  10(1) and  11(1) of  and 
Annex  II  to Regulation  (EEC) No 594/91: 

in  the  second  indent  of  the  first  subparagraph  of  Article  10(1),  ", and 
in the  following  12-month  period,"  is deleted; 

the  third  indent of  the  first  subparagraph  of Article  10(1)  is deleted; 

in  the  fourth  indent  of  the  first  subparagraph  of  Article  10(1),  "1996" 
is replaced  by  "1994, and  in the  following  12-month  period"; 

the  fifth  indent  of  the  first  subparagraph  of  Article  10(1)  is deleted; 

in  the  sixth  indent  of  the  first  subparagraph  of  Article  10(1), 
"30 June  1997"  is replaced  by  "31 December  1995"; 

in  the  second  subparagraph  of  Article  10(1),  "30 June  1997"  is  replaced 
by  "31 December  1995"; 

the  second  to  sixth  indents  of  the  first  subparagraph  and  the  second 
subparagraph  of  Article  11(1)  are  amended  in  the  same  way  as  the 
corresponding  indents and  subparagraphs of Article  10(1); 

in Annex  II,  the  calculated  level  of  the  quantitative  limits  on  imports 
of  substances  in  Group  I  is  fixed  at  348 tonnes  for  each  of  the  years 
1994  and 
cease  on 
imports  of 
1995; 
31  December  1995 at  the  latest. 

these  substances 

shall 

Art icle 2 

Control  of  the production  and consumption  of 
other  fully  halogenated  chlorofluorocarbons 

The  following  changes  are  hereby  made  to Articles  10(2) and  11(2) of  and 
Annex  II  to Regulation  (EEC) No 594/91: 

in the  first  indent of  the  first  subparagraph  of Article  10(2),  "each 12-
month  period  thereafter"  is replaced  by  "the  following  12-month  period"; 

the second  indent of  the  first  subparagraph  of Article  10(2)  is deleted; 

in the  third  indent  of  the  first  subparagraph  of Article  10(2),  "1996"  is 
replaced  by  "1994, and  in the  following  12-month  period"; 

the  fourth  indent of  the  first  subparagraph  of Article  10(2)  is deleted; 

4 

-  2 -

in  the  fifth  indent  of  the  first  subparagraph  of  Article  10(2), 
"30 June  1997"  is replaced by  "31 December  1995"; 

in  the  second  subparagraph  of  Article  10(2),  "30 June  1997"  is  replaced 
by  "31 December  1995"; 

the  first  to  fifth  indents  of  the  first  subparagraph  and  the  second 
subparagraph  of  Article  11(2)  are  amended  in  the  same  way  as  the 
corresponding  indents and subparagraphs of Article  10(2); 

in Annex  II, the  calculated  level  of  the  quantitative  limits  on  imports 
of  substances  in  Group  II  is  fixed  at  15% of  the  calculated  level  of 
imports  in  1989  for  each  of  the  years  1994  and  1995;  imports  of  these 
substances  shall  cease on  31 December  1995 at  the  latest. 

Art icle 3 

Control  of  the production  and consumption  of  halons 

The  following  changes  are  hereby  made  to Articles  10(3) and  11(3) of  and 
Annex  II to Regulation  (EEC) No 594/91: 

in the  first  indent of  the  first  subparagraph  of Article  10(3),  "each 12-
month  period  thereafter"  is replaced  by  "the  following  12-month  period"; 

in  the  second  indent  of  the  first  subparagraph  of  Article  10(3),  "1995, 
and  in each  12-month  period  thereafter"  is replaced  by  "1994,  and  in the 
following  12-month  period", and  "50%" is replaced  by  "15%"; 

in the  third  indent of  the first  subparagraph  of Article  10(3),  "1999"  is 
replaced  by  "1995"; 

in  the  second  subparagraph  of  Article  10(3),  "2000"  is  replaced  by 
"1996"; 

the  first  to  third  indents  of  the  first  subparagraph  and  the  second 
subparagraph  of  Article  11(3)  are  amended  in  the  same  way  as  the 
corresponding  indents and  subparagraphs of Article  10(3); 

in Annex  II, the  calculated  level  of  the  quantitative  limits  on  imports 
of  substances  in Group  III  is fixed  at  350  tonnes  for  each  of  the  years 
1994  and 
1995; 
31 December  1995. 

these  substances 

imports  of 

cease  on 

shall 

Art icle 4 

Control  of  the production  and consumption  of 
carbon  tetrachloride 

The  following  changes  are  hereby  made  to Articles  10(4) and  11(4) of  and 
Annex  II to Regulation  (EEC) No 594/91: 

in the  first  indent of  the first  subparagraph  of Article  10(4),  "each 12-
month  period  thereafter"  is replaced  by  "the following  12-month  period"; 

% 

-  3 -

in  the  second  indent  of  the  first  subparagraph  of  Article  10(4),  "1995, 
and  in each  12-month  period  thereafter"  is replaced  by  "1994,  and  in the 
following  12-month  period"; 

in the third  indent of  the  first  subparagraph  of Article  10(4),  "1997"  is 
replaced  by  "1995"; 

in  the  second  subparagraph  of  Article  10(4),  "1998"  is  replaced  by 
"1996"; 

the  first  to  third  indents  of  the  first  subparagraph  and  the  second 
subparagraph  of  Article  11(4)  are  amended  in  the  same  way  as  the 
corresponding  indents and  subparagraphs of Article  10(4); 

in Annex  II, the  calculated  level  of  the  quantitative  limits  on  imports 
of  the  substance  in Group  IV  is fixed  at  15% of  the  calculated  level  of 
imports  in  1989  for  each  of  the  years  1994  and  1995;  imports  of  these 
substances  shall  cease on 31 December  1995 at  the  latest. 

Art icle 5 

Control  of  the production  and consumption  of 
1,1,1-tr ichloroethane 

The  following  changes  are  hereby  made  to Articles  10(5) and  11(5) of  and 
Annex  II to Regulation  (EEC) No 594/91: 

in the  first  indent of  the  first  subparagraph  of Article  10(5),  "each 12-
month  period  thereafter"  is replaced  by  "the  following  12-month  period"; 

in  the  second  indent  of  the  first  subparagraph  of  Article  10(5),  "1995, 
and  in each  12-month  period  thereafter"  is replaced  by  "1994,  and  in the 
following  12-month  period", and  "70%" is replaced  by  "15%"; 

the  third  indent of  the  first  subparagraph  of Article  10(5)  is deleted; 

in  the  fourth  indent  of  the  first  subparagraph  of  Article  10(5),  "2004" 
is replaced  by  "1995"; 

a  second  subparagraph  is  inserted  after  the  first  subparagraph  of 
Article  10(5) as  follows: 

"The  Commission,  in accordance  with  the procedure  set  out  in Article 12, 
shall  determine  any  essential  uses of  1 ,1 ,1-trichloroethane  which  may  be 
until 
permitted 
after 
the 
31  December  2004  at 
1,1,1-
trichloroethane  which  may  be  produced  by  each  producer  for  this purpose. 
Such  production  shall  only  be  allowed  if  adequate  alternatives  or 
recycled  1 ,1,1-trichloroethane are not available."; 

31  December  1995 
and 
and  any  quantities  of 

Community 
the 

latest 

in 

the  first  to  fourth  indents  of  the  first  subparagraph  of  Article  11(5) 
are  amended 
in  the  same  way  as  the  corresponding  indents  of 
Art icle  10(5); 

6 

-  4 -

a  second  subparagraph  is  inserted  after  the  first  subparagraph  of 
Article  11(5) as follows: 

"The Commission,  in accordance  with  the procedure  set  out  in Article 12, 
shall  determine  any  quantities  of  1,1,1-trichloroethane  that  could  be 
placed  on  the market  or  used  for  its own  account  by  each  producer  after 
31 December  1995 and until  31 December  2004 at  the  latest  for  the purpose 
of essent ial uses."; 

in Annex  II, the  calculated  level  of  the  quantitative  limits  on  imports 
of  the  substance  in Group  IV  is fixed  at  15% of  the  calculated  level  of 
imports  in  1989  for  each  of  the  years  1994  and  1995;  imports  of  these 
substances  shall  cease on 31 December  1995 at  the  latest. 

Art icle 6 

Entry  into force 

This  Regulation  shall  enter  into  force  on  the  day  following  its 
publication  in the Official  Journal  of  the European Communities. 

7 

ISSN 0254-1475 

COM (92) 106 final 

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ISBN 92-77-42133-9 

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