Proposal for a COUNCIL REGULATION (EEC) on substances that deplete the ozone layer
Date: 1993-06-09
Institutions: European Commission
Subjects: chemical product, dangerous substance, import restriction, international convention, ozone, production quota

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) 

:£>* 

• loi! 

i*8-

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. 

- 3 

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 
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. 

chlorofluorocarbons 

phases-out 

and 

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. 

10. 

11. 

12. 

13. 

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. 

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. 

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. 

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. 

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. 

15. 

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. 

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. 

18. 

19. 

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. 

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. 

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. 

21. 

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. 

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. 

23. 

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. 

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 
fully 
halogenated  chlorofluorocarbons,  halons,  carbon  tetrachloride,  1,1,1-
and 
trichloroethane, 
hydrochlorofluorocarbons.  It  shall  also  apply  to  the  reporting  of  data  on 
these  substances. 

of  chlorofluorocarbons,  other 

hydrobromofluorocarbons 

bromide, 

methyl 

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, 

methyl 

bromide, 

hydrobromofluorocarbons 

"controlled  substances"  means  chlorofluorocarbons,  other  fully 
halogenated  chlorofluorocarbons, halons, carbon tetrachloride,  1,1,1-
trichloroethane, 
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 
other 
chlorofluorocarbons after  31 December 1994. 

production 

of 

is 

no 

fully 

halogenated 

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 
halogenated 
recycled 
chlorofluorocarbons are not available. 

alternatives 

other 

fully 

or 

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. 

shall  determine 

The  Commission,  in  accordance  with  the  procedure  set  out  in 
Article  16, 
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. 

any  essential 

uses  of 

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 
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. 

any  essential 

uses  of 

1,1,1-

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. 

shall 

The  Commission,  in  accordance  with  the  procedure  set  out  in 
Article  16, 
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. 

essential 

determine 

uses 

any 

-  15 -

8. 

9. 

10. 

11. 

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. 

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. 

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. 

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: 

- 

level 

calculated 

the 
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; 

other 

fully 

of 

level 

calculated 

the 
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; 

other 

fully 

of 

- 

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. 

4. 

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. 

without  prejudice  to  the  provisions 
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. 

of  Council 

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. 

2. 

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. 

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. 

2. 

The release into free circulation in the Community of virgin, used or 
recycled 
halogenated 
chlorofluorocarbons,  halons  ,  carbon  tetrachloride  or  1,1,1-
trichloroethane  imported  from any State which  is not a Party  shall be 
prohibited. 

chlorofluorocarbons, 

other 

fully 

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. 

3. 

4. 

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 . 

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. 

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. 

2. 

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. 

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, 
contained  in 

hydrochlorofluorocarbons 

hydrobromofluorocarbons 

and 

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, 
and 
hyodrochlorofluorocarbons  from  commercial  and  industrial  air-conditioning 
and refrigeration  equipment during manufacture, installation, operation  and 
servicing. 

hydrobromofluorocarbons 

halons, 

- 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. 

2. 

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. 

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. 

5. 

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. 

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. 

Regulation  (EEC) No 594/91 is repealed. 

Article 2 0 

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 

SubBta  nee 

Ozone-depleting 
potential(*) 

Group  I 

Group 

II 

Group 

III 

CFC13 
CF2CL2 
C2F3C13 
C2F4C12 
C2F5C1 

CFjCL 
C2FC15 
C2F2C14 
CjFCl? 
CjF2Clt 
C3F3C1, 
C3F4C1< 
C3F5C1: 
C3F6C1. 
C3F?C1 

CF2BrCl 
CF3Br 
C2F4Br2 

(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) 

Group  IV 

CCI, 

(carbon 

tetrachloride) 

Group  V 

C2»3C13(2> 

(1,1,1-trichloroethane) 

Group  VI 

CH-,Br 

(methyl 

bromide) 

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 

Ozone-de^pleting 

potential 

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 

•21) 

(HCFC 

•22) 

(HCFC 

•31) 

(HCFC 

-121) 

(HCFC 

-122) 

(HCFC 

-123) 

(HCFC 

•124) 

(HCFC 

-131) 

(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-

•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) 

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) 

Group 

I 

Group 

II 

Group 

III 

Group 

IV 

Group  V 

Group  VI 

Group  VII  Group 

VIII 

1161 
348 
0 

14 
4 
0 

700 
0 

1288 
386 
0 

23  78 
1189 
1189 
0 

Substance 

12-month 
For 
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 

(%  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% 

60 

60 

60 

60 

60 
45 
45 
45 
45 
24 
24 
24 
24 
12 
12 
3 
3 
3 
3 
3 

0 

and 

thereafter 

(1)  These 

will 

percentages 
be  published 

will 
by 

be  replaced 
the  Commission 

by  absolute 
in 

the  Official 

figures 

soon  as 

as 
Journal. 

these 

figures 

are  available. 

They 

Codes  and  deacriptiana 

of 

the  combined 

nomenclature 

for 

the 

substances 

referred 

to  in  Annexes  I  and  J! 

ANNEX  III 

CN  code 

Description 

2903  40  10 

-  -  - 

Trichlorofluoromethane 

2903  40  20 

- 

-  - 

Dichlorodifluoromethane 

2903  40  30 

-  -  - 

Trichlorotrifluoroethane 

2903  40  40 

-  -  - 

Dichlorotetrafluoroethane 

2903  40  50 

- 

-  - 

chloropentafluoroethane 

ex 

2903  40  61 

-  -  -  -  Chlorotrifluoromethane, 

Pentachlorofluoroethane, 

Heptachlorofluoropropane, 
propane, 
Dichlorohexafluotopropane 

Tetrachlorotetrafluoropropane, 

Hexachlorodifluoropropane, 

or 

Chloroheptafluoropropane 

Tetrachlorodifluoroethane, 

Pentachlorotrifluoro-

Trichloropentafluoropropane, 

2903  40  70 

-  -  - 

Bromotrifluoromethane 

2903  40  80 

- 

-  - 

Dibromotetrafluoroethane 

2903  40  91 

-  -  - 

Bromochlorodifluoromethane 

2903  14  00 

- 

-  Carbon 

tetrachloride 

2903  19  10 

- 

-  - 

1,1,1-Trichloroethane 

ex 

3823  90  96 

ex 

3823  90  97 

-  -  -  -  Mixtures 

codes 
2903  40  30,  2903  40  40,  2903  40  50  or  2903  40  61 

containing 

products 

falling 

within 

2903  40  10,  2903  40  20, 

-  -  -  -  Mixtures 

containing 
2903  40  91  or  3823  90  96 

products 

falling 

within 

codes 

2903  40  70,  2903  40  80, 

ex 

3823  90  98 

- 

-  -  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