Amended proposal for a Council Regulation (EC) on substances that deplete the ozone layer
Date: 1999-02-11
Institutions: European Commission
Subjects: environmental protection, ozone, public health, stratospheric pollution

C 83/4

EN

Official Journal of the European Communities

25.3.1999

Amended proposal for a Council Regulation (EC) on substances that deplete the ozone
layer (1)

(1999/C 83/02)

(Text with EEA relevance)

COM(1999) 67 final — 98/0228 (SYN)

(Submitted by the Commission pursuant to Article 189 a (2) of the EC-Treaty on
11 February 1999)

(1) OJ C 286, 15.9.1998, p. 6.

ORIGINAL PROPOSAL

AMENDED PROPOSAL

Recital 3

whereas it is established that continued emissions of
ozone-depleting substances at current levels continue
to cause significant damage to the ozone layer;
whereas it is therefore necessary to take further steps
in order to ensure sufficient protection for human
health and the environment;

whereas it is established that continued emissions of
ozone-depleting substances at current levels continue
to cause significant damage to the ozone layer;
whereas ozone depletion in the southern hemisphere
reached unprecedented levels in 1998; whereas in
three out of four recent springs severe ozone depletion
has occurred in the Arctic region; whereas increased
UV-B radiation resulting from ozone depletion poses a
significant threat to health and environment; whereas
it is therefore necessary to take further steps in order
to ensure sufficient protection for human health and
the environment;

Recital 9

whereas the growing availability of alternatives to
methyl bromide should be reflected in an accelerated
phaseout of methyl bromide
compared to the
such an accelerated
Montreal Protocol; whereas
phaseout is also provided for by other parties of the
Protocol; whereas
there might be specific critical
agricultural uses and conditions for which the phasing
out of methyl bromide would lead to severe technical
or economic difficulties; whereas exemptions should
be foreseen for those cases for which the production
and placing on the market of methyl bromide may be
permitted after phaseout;

the

significant

contribution

whereas
of methyl
bromide to ozone depletion, its high toxicity and the
growing availability of alternatives to methyl bromide
should be reflected in an accelerated phaseout of
methyl bromide compared to the Montreal Protocol;
whereas such an accelerated phaseout is also provided
for by other parties of the Protocol; whereas there
might be
and
specific
for which the phasing out of methyl
conditions
bromide would lead to severe technical or economic
difficulties; whereas exemptions should be foreseen for
those cases for which the production and placing on
the market of methyl bromide may be permitted after
phaseout; whereas,
to ensure that exemptions are
granted only for genuine critical uses, there should be
a mechanism to enable the use of methyl bromide to
be monitored on a Community-wide basis;

agricultural uses

critical

25.3.1999

EN

Official Journal of the European Communities

C 83/5

ORIGINAL PROPOSAL

AMENDED PROPOSAL

Recital 8a (new)

even after

the phaseout of

controlled
whereas
certain
substances
essential uses;
conditions
whereas care must be taken that exemptions are
granted mainly for medical uses;

the Commission may under
grant

exemptions

for

Recital 11a (new)

whereas the phaseout of controlled substances requires
conversions
alternative
to new technologies or
products; whereas this could pose a burden to small
and medium-sized undertakings (SMU) in particular;
should therefore consider
whereas Member States
providing appropriate forms of assistance specifically
to enable SMU to make the necessary changes;

Article 2 (new definition)

Add after the definition of (cid:28)hydrochlorofluorocarbons’,
and preceding the definition of (cid:28)feedstock’:

— (cid:28)new substances’ shall mean substances listed in
Annex IA. This definition shall cover substances
whether alone or in a mixture, and whether they
are virgin, recovered, recycled or reclaimed. This
definition shall not cover any substance which is in
a manufactured product other than a container
used for
that
substance, or insignificant quantities of any new
substance,
or
accidental production during a manufacturing
process or from unreacted feedstock;

from inadvertent

transportation or

storage of

originating

Article 5 (1) (d)

(iii) from the 1 January 2003,
polyurethane

for the production
of
of
appliances,
polyurethane flexible faced laminate foams and of
polyurethane sandwich panels, except where these
latter two are used for insulated transport;

foams

for

(iv) from 1 January 2004, for the production of all

foams;

(iii) from 1 January 2003, for the production of all

foams;

C 83/6

EN

Official Journal of the European Communities

25.3.1999

ORIGINAL PROPOSAL

AMENDED PROPOSAL

Article 5 (6)

The Commission may,
following a request of a
competent authority of a Member State and in
accordance with the procedure laid down in Article 17,
authorise a temporary exemption to allow the use and
placing on the market of hydrochlorofluorocarbons in
derogation from paragraph 1 and Article 4 (3) where
a particular use,
it
alternative
feasible
technically
substances or technologies are not available or cannot
be used.

for
and economically

is demonstrated that,

the

procedure

The Commission may,
following a request of a
competent authority of a Member State and in
accordance with
in
Article 17, authorise a time-limited exemption to
allow the use and placing on the market of
hydrochlorofluorocarbons
from
paragraph 1 and Article 4 (3) where it is demonstrated
that, for a particular use, technically and economically
feasible alternative substances or technologies are not
available or cannot be used.

derogation

down

laid

in

Article 15

halogenated
Chlorofluorocarbons,
other
chlorofluorocarbons, halons,
carbon tetrachloride,
1,1,1-trichloroethane, hydrobromofluorocarbons and
hydrochlorofluorocarbons contained in:

fully

halogenated
Chlorofluorocarbons,
other
chlorofluorocarbons, halons,
carbon tetrachloride,
1,1,1-trichloroethane, hydrobromofluorocarbons and
hydrochlorofluorocarbons contained in:

fully

— refrigeration

equipment

and

air-conditioning

— refrigeration

equipment

and

air-conditioning

equipment,

equipment,

— equipment containing solvents,

— equipment containing solvents,

— fire-protection systems and fire extinguishers, and

— fire-protection systems and fire extinguishers, and

— rigid foams

— rigid foams

shall be recovered if practicable for destruction by
technologies approved by the parties or by any other
environmentally acceptable destruction technology, or
for recycling or reclamation during the servicing and
maintenance of equipment or before the dismantling
or disposal of equipment.

shall be recovered if practicable for destruction by
technologies approved by the parties or by any other
environmentally acceptable destruction technology, or
for recycling or reclamation during the servicing and
maintenance of equipment or before the dismantling
or disposal of equipment.

Controlled substances for use as refrigerants and for
fire-protection may not be placed on the market in
disposable containers.

the
Member States shall promote, as appropriate,
establishment
and
reclamation facilities. Member States shall define the
minimum qualification requirements for the servicing
personnel involved.

destruction,

recycling

of

the
Member States shall promote, as appropriate,
establishment
and
reclamation facilities. Member States shall define the
minimum qualification requirements for the servicing
personnel involved.

destruction,

recycling

of

Member States shall report to the Commission by
31 December 2001 on the systems established to
promote the recovery of used controlled substances,
including the facilities available and the quantities of
used
recycled,
controlled
reclaimed or destroyed.

substances

recovered,

Member States shall report to the Commission by
31 December 2001 on the systems established to
promote the recovery of used controlled substances,
including the facilities available and the quantities of
used
recycled,
controlled
reclaimed or destroyed.

substances

recovered,

25.3.1999

EN

Official Journal of the European Communities

C 83/7

ORIGINAL PROPOSAL

AMENDED PROPOSAL

This provision shall be without prejudice to Council
Directive 75/442/EEC (1) or
to measures adopted
following Article 2 (2) of that Directive.

This provision shall be without prejudice to Council
Directive 75/442/EEC (1) or
to measures adopted
following Article 2 (2) of that Directive.

Article 19 (2)

When requesting information from an undertaking the
Commission shall at the same time forward a copy of
the request to the competent authority of the Member
State within the territory of which the undertaking’s
seat
the
reasons why that information is required.

together with a statement of

is situated,

When requesting information from an undertaking the
Commission shall at the same time forward a copy of
the request to the competent authority of the Member
State within the territory of which the undertaking’s
seat is situated.

Article 19 (3)

The competent authorities of the Member States shall
carry out the investigations which the Commission
considers necessary under this Regulation.

The competent authorities of the Member States shall
carry out the investigations which the Commission
this Regulation. The
considers necessary under
Member States shall also conduct random checks on
imports of controlled substances, and communicate
the schedules and results of
those checks to the
Commission.

Article 19 (5)

The Commission shall
protect
under this Article.

the confidentiality of

take appropriate steps

to
information obtained

take appropriate action to
The Commission shall
promote adequate
information and
exchange of
cooperation between national authorities and between
national
the Commission. The
Commission shall take appropriate steps to protect the
confidentiality of
this
Article.

information obtained under

authorities

and

Article 20 a (new)

CHAPTER Va

NEW SUBSTANCES

Article 20 a

New Substances

1.
The production, release for free circulation in the
Community and inward processing, placing on the
market and use of
in Annex IA are
substances
prohibited.

(1) OJ L 194, 25.7.1975, p. 39.

(1) OJ L 194, 25.7.1975, p. 39.

C 83/8

EN

Official Journal of the European Communities

25.3.1999

ORIGINAL PROPOSAL

AMENDED PROPOSAL

2.
The Commission shall, as appropriate, make
proposals to include in Annex IA any substances that
are not controlled substances but that are found by the
Scientific Assessment Panel under
the Montreal
Protocol to have significant ozone-depleting potential,
including proposals on possible exemptions
from
paragraph 1.

Annex IA (new)

NEW SUBSTANCES

Bromochloromethane