OPINION OF THE COMMISSION pursuant to Article 251 (2) (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on substances that deplete the ozone layer AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treat
Date: 2000-03-02
Institutions: European Commission
Subjects: ozone, pollution control measures, stratospheric pollution, substitute product

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 02.03.2000
COM(2000) 96 final

1998/0228 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2) (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on substances that deplete the ozone layer

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

EXPLANATORY MEMORANDUM

A. Principles and background

1.

In August 1998, the Commission submitted a proposal for a European Parliament and
Council Regulation (EC) on substances that deplete the ozone layer (COM 398/1998 –
[COD] 1998/228) for adoption by the co-decision procedure laid down in Article 251 of
the Treaty establishing the European Community.

On 17th December 1998, the European Parliament adopted its first reading with 27
amendments. The Economic and Social Committee gave their opinion on the 2 December
1998. On 23 February 1999 the Council adopted a Common position accepting a number
of the amendments proposed by the Parliament in its first reading. On 15th December
1999, the European Parliament adopted a series of amendments at its second reading. On
this occasion the Commission gave its position on each amendment, indicating which
amendments it could accept and which amendments could not be included. The
Commission in its Communication of 24 February 1999 gave short comments on the
Common Position.

2.

In the light of these developments the Commission has drafted this amended proposal.
The Commission has made two types of changes.

Firstly, in response to the second reading by the European Parliament, a number of new
provisions were accepted. The majority of these serve either to remove ambiguities or to
provide further measures that correspond to but do not change the fundamental principles
of the original Commission proposal.

Secondly, the Commission has re-introduced time limits that were contained in the
Political agreement but that were left out of the Common position awaiting more reliable
information about the time of adoption. It has also replaced references to dates that have
become obsolete by dates in line with the spirit of the Common position in light of the
likely adoption during 2000 of the new regulation.

B. Commission position on European Parliament Amendments

1.

Amendment 1 Recital 16a - Supporting SMEs in their transition out of ozone
depleting substances

The proposed phase-out dates were designed to provide a big enough margin so as not to
cause significant problems for SMEs. It was, however, demonstrated by several Member
States, which have phased out ODS earlier than the EU as a whole, that the transition can be
facilitated and accelerated if the responsible authorities are actively promoting the phaseout-
process. This can be done with some financial support but other measures, specifically
designed for SMEs, can also be important provided these measures take into account the
procedure under Article 87 of the treaty and other Community State aid provisions.

For example it is important that MS provide relevant information specifically designed and
targeted to SMEs about what consequences the new regulation will have on them (The
Commission is also planning such information initiatives, but needs the support of MS).
Equally important is that when Member States design the systems required in Article 15 and
16 for training of personnel, special consideration should be given to SMEs. The Commission
therefore proposes to incorporate the amendment proposed by the EP.

2

2.

Amendment 9 (article 4 (1) 2nd sub paragraph) - Exemptions for military and
other applications from the CFC use ban.

The Common position provides for a ban on use of CFCs as from entry into force. This is an
important measure in order to cease the continued emissions of this substance. The
mechanism used under the Montreal Protocol for allowing the continued use (and production
of CFCs) in cases where continued use is deemed essential and where no alternatives have
been found is the so-called essential use mechanism. This requires that the Party (country)
concerned puts a request to the meeting of the Parties to the Montreal Protocol which then
may approve that request so that CFCs can be produced or imported should so be required.
This system is currently used mainly for Metered Dose Inhalers and laboratory uses.

The Protocol does however not place any restrictions on the use of CFCs that already exist on
the market. Owing to the ban on use of CFC in the Common position, any amounts of CFCs
that exist
in stocks cannot be used after the use-ban has entered into force. Limited
exemptions to the use ban are foreseen for refilling existing refrigeration and air-conditioning
equipment. In addition, the common position introduced the possibility to allow time-limited
exemptions for military uses on the request of a Member State.

Amendment 9 of the EP limits the exemption for military uses to existing systems while it
opens up the possibility for the Commission to grant time limited exemptions for use in a
specialised medical application (where small amounts of CFCs are used in a special type of
implant used for drug delivery for pain relief to terminally ill persons). This application is
clearly of a kind where emissions are very small (estimated to less than 200 kg/year) but
where the use is justified because there is no available alternative. The use has become known
only recently and it is justified to change the Common position in order to allow this use to
continue until 2004 as proposed by the EP.

3.

HCFC use in refrigeration and air-conditioning

Amendment 14 (Article 5 (1) (c) (IV))

The development of alternatives to HCFCs has been rapid in recent years. For new
refrigeration and air-conditioning equipment it is difficult to point to a single area where
viable alternatives are not available. In the area of small fixed air-conditioning equipment
certain industries have taken longer
than expected adopting new alternatives. The
Commission originally proposed that HCFCs be phased out in this area (as well as in almost
all other areas of refrigeration and air-conditioning systems) by 2001. However, bringing the
date forward now could cause difficulties to certain companies that have not adopted HCFC-
free technology. In addition, the Commission appreciates that this exemption was a significant
element in the compromise that led to the Common position and therefore decided not to
accept the EP’s amendment 14.

Amendment 15 (Article 5 (1) (c) (V))

Amendment 15 relates to HCFC use in refrigeration and air-conditioning. It advances the
phaseout for virgin HCFCs in existing systems to 2005 rather than the original Commission
proposal (2008) and that agreed in the Common position (2010). This amendment also
introduces a ban on the use of all HCFCs (also recovered recycled or reclaimed) for refilling
existing refrigeration systems by 2007.

3

The Commission proposal was based on an assessment of when sufficient recovered HCFCs
and “drop-in” replacements would be available. A much earlier date would require more
frequent retrofitting of existing systems which could lead to higher costs.

The principle of having a ban on recovered HCFCs is welcomed by the Commission since it
would be useful for preventing illegal trade. Illegal trade becomes more likely when prices for
ODS are higher in one market than in overseas markets. Such price incentives for HCFCs
have not been considerable so far but are likely to occur over the next 10 years. One of the
most commonly used methods for illegal trade (particularly in the USA according to several
reports) is to disguise material as recycled. This method has been avoided in Europe thanks to
a ban in practice on imports of recycled as well as virgin CFCs.

It has also become clear that customs controls alone are not sufficient to stop illegal trade. A
ban on the use of the substance is more efficient and this is also the route which has been
chosen for CFCs under the Common position (with a complete use-ban 1 January 2001) and
other already phased out ODS.

A ban on recycled HCFCs has however also to be considered in the light of the remaining
need for refilling of existing equipment. The development of so called “drop-in” replacements
to HCFCs has not been as quick as for CFCs and although such alternatives have been
developed and commercialised for certain types of refrigeration and air-conditioning systems,
they are not available or suitable for all such systems.

A ban as early as 1 January 2007 on use of recycled HCFCs could be difficult and costly as
some users would have to retrofit their equipment or install new systems. The Commission
suggests a ban on virgin HCFCs from 1 January 2008 (as originally proposed) and from
1 January 2010 on refilling with recovered or reclaimed HCFCs.

Another change that follows upon such an adaptation to the Common position is concerning
the supply of HCFCs (Article 4). For coherence the ban on HCFC to be placed on the market
by 2010 should include recycled material. Likewise, the amounts of virgin HCFCs should be
zero as from 1 January 2008.

4.

Procedures for adaptation of HCFC controls through the management
Committee procedure and reporting back to Member States.

Amendment 21 (Article 5 (6))

Under Article 5.6, the Commission may in agreement with the Management Committee
modify the list of HCFC phase-out dates in Article 5.1. In practice, it is not likely that a
decision would be taken to extend an agreed HCFC use phaseout since these have already
been carefully considered and reviewed in light of technical progress. Amendment 21 would
the possibility to extend the dead-lines set out under Article 5.1. This would,
prevent
however, be inconsistent with Article 5.7 under which extensions are allowed for specific
cases (“essential use” clause for HCFCs) and the Commission therefore could not accept the
amendment.

Amendment 22 (Article 5 (7))

Amendment 22 requires the Commission immediately to notify Member States of any
exemption granted under Article 5.7. The Commission finds this redundant because any
exemption under Art. 5.7 would be granted by the Commission in close co-operation with MS
under the Management Committee procedure.

4

Amendment 24 (Article 14a (new))

Amendment 24 requires the Commission to report back to Member States of any measures
taken under Articles 6, 7, 9, 12, 13 and 14. Measures taken under 6,7 and 9 are frequent (1000
licenses each year). The Commission already notifies the Member States concerned when a
license is issued and is prepared to continue this practice. If however, the Commission would
have to notify Member States immediately about each Decision taken, this provision would
pose a significant additional administrative burden to the Commission. This would have little
added value for MS which are not concerned by the import/export and would most likely have
staffing and thus budgetary consequences.
immediate
notifications to all Member States under Articles 12, 13 and 14 can, however, be accepted, as
these decisions are far less frequent.

Introduction of a scheme of

5.

Measures to improve the Implementation of the regulation

Amendment 25 (Article 15 (5))

Under Article 15.6 Member States are required to report to the Commission on the systems
they have established to promote recovery of ODS including on the facilities available for
that. Amendment 25 introduces an explicit reference (in Article 15.5) requiring MS to
establish such systems including a requirement for MS to assign the responsibility to ensure
compliance with Article 15.1.

It is beneficial to state explicitly that systems for the promotion of recovery need to be
established since there is a reporting requirement related to this in Article 15.5. Equally it is
useful to include a requirement clearly to identify where the responsibility rests for taking
action to promote the recovery. Countries who have already established systems for recovery
have demonstrated this.

Amendment 26 (Article 19 (3))

Amendment 26 contains a provision aimed at combating illegal imports of ozone-depleting
substances through reinforcement of control by Member States. Spot-checks by Member
States customs offices is an important tool for curbing the illegal trade and formalising the
results of such checks would be useful. A time limit for MS communications to the
Commission should be established and an appropriate date would be by 31 March each year.

6.

Amendment 29 (Annex VII, 3rd indent) - List of critical uses of halons for fire-
fighting

The list of critical fire-fighting applications where the use of halons would still be allowed
after the general ban in Article 4.1 can be amended through the management Committee
procedure. Amendment 29 relates to the use of halons in certain applications “where release
of flammable liquid could occur”.

During the negotiations in Council which led to the Common position, an exemption was
introduced allowing the continued use of halons in such applications in the petrochemical
sector. It was the Commission’s understanding that this term would include the use of halons
on offshore oil-rigs where halon use is still needed. After the adoption of the Common
the term petrochemical sector does not
position it has however been suggested that
necessarily include offshore oil-rigs. The alternative wording suggested by the Parliament
would according to the Commission’s understanding also include these applications and
should therefore be accepted.

5

The second part of this amendment restricts the exemption for use of halons to existing cargo
ships. This is also a useful clarification since there is no indication that halon use would be
necessary for this application in new cargo-ships.

7.

Re-introduction of dates

The Commission and the Council in its common position would like certain provisions of this
regulation to enter into force as soon as possible after adoption of the regulation. The
Commission has, therefore, changed the relevant dates in the regulation and which have now
become obsolete because of the delay in its adoption. Where a reference to such a date existed
in the Common position, it has been replaced by a reference to the date of entry into force.
This applies to the dates for supply of CFCs in Article 4.4 (ii), which has been deleted and
thus applies from entry into force and to HCFC use in integral skin and polyethylene foams in
Article 5 1 d (ii).

Equally the Commission has, following the spirit of the political agreement in December
1998, re-introduced dates where these were lifted out in the Common position. This applies to
the date for reporting of annual placing on the market of Methyl Bromide for quarantine and
pre-shipment purposes in Article 4.2 (iii), for annual export authorisations in Article 12.1.
These two provisions are designed for covering a whole calendar year and the reference has
therefore been changed to the period 1 January 2001 to 31 December 2001. Similar
adaptations were made in Article 20 concerning Member States reports back to the
Commission on penalties in place and in Annex 7 (fourth indent of halon 1301 uses) for
making inert of existing manned communication and command centres where however the
reference introduced is to the date of entry into force.

6

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on substances that deplete the ozone layer

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article 175 (1) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the Opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

It is established that continued emissions of ozone-depleting substances at current
levels continue to cause significant damage to the ozone layer; ozone depletion in the
southern hemisphere reached unprecedented levels in 1998; in three out of four recent
Springs severe ozone depletion has occurred in the Arctic region; increased UV-B
to health and
radiation resulting from ozone depletion poses a significant
environment; further efficient measures need therefore to be taken in order to protect
human health and the environment against adverse effects resulting from such
emissions;

threat

In view of the responsibilities of the Community for the environment and trade, the
Community, pursuant to Decision 88/540/EEC (4), has become a Party 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 and at their fourth meeting in Copenhagen;

Additional measures for the protection of the ozone layer were adopted by the Parties
to the Montreal Protocol at their seventh meeting in Vienna in December 1995 and at
their ninth Meeting in Montreal
in which the Community
participated;

in September 1997,

(4)

It is necessary for action to be taken at Community level to carry out the Community's
obligations under the Vienna Convention and the latest amendments and adjustments

(1)

(2)

(3)

(4)

OJ C 286, 15.9.1998, p. 6.
Opinion delivered on ... (not yet published in the Official Journal).
Opinion of the European Parliament of ... (not yet published in the Official Journal), Council Common
Position of ... (not yet published in the Official Journal) and Decision of the European Parliament of ... (not
yet published in the Official Journal).
OJ L 297, 31.10.1988, p. 8.

7

(5)

(6)

(7)

(8)

(9)

to the Montreal Protocol, in particular to phase out the production and the placing on
the market of methyl bromide within the Community and to provide for a system for
the licensing not only of imports but also of exports of ozone-depleting substances;

In view of the earlier than anticipated availability of technologies for replacing ozone-
depleting substances, it is appropriate in certain cases to provide for control measures
which are stricter than those provided for in Council Regulation (EC) No 3093/94 of
15 December 1994 on substances that deplete the ozone layer (5) and stricter than those
of the amended and adjusted Protocol;

Regulation (EC) No 3093/94 must be modified substantially; it is in the interest of
legal clarity and transparency to revise that Regulation completely;

Under Regulation (EC) No 3093/94 the production of chlorofluorocarbons, other fully
halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane
and hydrobromofluorocarbons has been phased out; the production of those controlled
substances is thus prohibited, subject to possible derogation for essential uses and to
meet
the basic domestic needs of Parties pursuant to Article 5 of the Montreal
Protocol; it is now also appropriate to progressively prohibit the placing on the market
and use of those substances and of products and equipment containing those
substances;

Even after the phase-out of controlled substances the Commission may under certain
conditions grant exemptions for essential uses;

The growing availability of alternatives to methyl bromide should be reflected in more
substantial reductions in its production and consumption compared to the Montreal
Protocol; the production and consumption of methyl bromide should cease completely
subject
to possible derogations for critical uses determined at Community level
following the criteria established under the Montreal Protocol; also the use of methyl
bromide for quarantine and preshipment applications should be controlled; such use
should not exceed current levels and ultimately be reduced in the light of technical
development and developments under the Montreal Protocol;

on

for

the

but

controls

substances

exist; measures

(10) Regulation (EC) No 3093/94 provides for controls on the production of all other
ozone-depleting
of
not
hydrochlorofluorocarbons; it is appropriate to introduce such provision to ensure that
hydrochlorofluorocarbons do not continue to be used where non-ozone-depleting
of
the
alternatives
hydrochlorofluorocarbons should be taken by all Parties to the Montreal Protocol; a
freeze on production of hydrochlorofluorocarbons would reflect that need and the
Community’s determination to take a leading role in this respect; the quantities
produced should be adapted to the reductions envisaged for the placing on the
Community market of hydrochlorofluorocarbons and to the declining demand
worldwide
of
hydrochlorofluorocarbons required by the Protocol;

consumption

consequence

production

production

reductions

control

the

the

for

of

of

as

in

a

(11)

The Montreal Protocol, in Article 2F(7), requires the Parties to endeavour to ensure
that the use of hydrochlorofluorocarbons is limited to those applications where other

(5)

OJ L 333, 22.12.1994, p. 1.

8

of

use

and

hydrochlorofluorocarbons

more environmentally suitable alternative substances or technologies are not available;
in view of the availability of alternative and substitute technologies, the placing on the
market
containing
hydrochlorofluorocarbons can be further limited; Decision VI/13 of the Meeting of the
the evaluation of alternatives to
Parties to the Montreal Protocol provides that
hydrochlorofluorocarbons should take into account such factors as ozone-depleting
potential, energy efficiency, potential flammability, toxicity and global warming and
the potential impacts on the effective use and phase-out of chlorofluorocarbons and
halons; hydrochlorofluorocarbon controls under the Montreal Protocol should be
considerably tightened to protect the ozone layer and to reflect the availability of
alternatives;

products

and

(12) Quotas for the release for free circulation in the Community of controlled substances
should be allocated only for
limited uses of controlled substances; controlled
substances and products containing controlled substances from States not party to the
Montreal Protocol should not be imported;

(13)

(14)

(15)

The licensing system for controlled substances should be extended to include the
authorisation of exports of controlled substances,
in order to monitor trade in
ozone-depleting substances and to allow for exchange of information between Parties;

Provision should be made for the recovery of used controlled substances, and to
prevent leakages of controlled substances;

The Montreal Protocol requires reporting on trade in ozone-depleting substances;
annual reporting should therefore be required from producers, importers and exporters
of controlled substances;

(16) Decision X/8 of the Tenth Meeting of the Parties to the Montreal Protocol encourages
Parties to take measures actively, as appropriate, to discourage the production and
of
marketing
bromochloromethane; to this end a mechanism should be established to provide for
new substances to be addressed by the present Regulation;
the production,
importation, placing on the market and use of bromochloromethane should be
prohibited,

new ozone-depleting

substances

particular

and

of

in

(17) The switch to new technologies or alternative products, required because the
production and use of controlled substances are to be phased out, could lead to
problems for small and medium-sized undertakings (SMEs) in particular; the
Member States
consider whether they might provide
appropriate forms of assistance specifically to enable SMEs to make the
necessary changes;

should therefore

HAVE ADOPTED THIS REGULATION:

9

CHAPTER I

INTRODUCTORY PROVISIONS

Article 1

Scope

This Regulation shall apply to the production, importation, exportation, placing on the market,
use, recovery, recycling and reclamation and destruction of chlorofluorocarbons, other fully
halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl
to the reporting of
bromide, hydrobromofluorocarbons and hydrochlorofluorocarbons,
information on these substances and to the importation, exportation, placing on the market
and use of products and equipment containing those substances.

This Regulation shall also apply to the production, importation, placing on the market and use
of substances in Annex II.

For the purposes of this Regulation:

Article 2

Definitions

–

–

–

–

–

–

–

–

–

"Protocol" means the 1987 Montreal Protocol on Substances that Deplete the Ozone
Layer, as last amended and adjusted,

"Party" means any party to the Protocol,

"State not party to the Protocol", with respect to a particular controlled substance,
includes any State or regional economic integration organisation that has not agreed to
be bound by the provisions of the Protocol applicable to that substance,

fully

other

halons,

tetrachloride,

substances" means

chlorofluorocarbons,
carbon

halogenated
"controlled
chlorofluorocarbons,
1,1,1-trichloroethane,
methyl bromide, hydrobromofluorocarbons and hydrochlorofluorocarbons, whether
alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed.
This definition shall not cover any controlled substance which is in a manufactured
product other than a container used for the transportation or storage of that substance, or
insignificant quantities of any controlled substance, originating from inadvertent or
coincidental production during a manufacturing process, from unreacted feedstock, or
from use as a processing agent which is present
in chemical substances as trace
impurities, or that is emitted during product manufacture or handling,

"chlorofluorocarbons" (CFCs) means the 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 specified in Group IV of Annex I,

"1,1,1-trichloroethane" means the controlled substance specified in Group V of Annex I,

10

–

–

–

–

–

–

–

–

–

–

–

–

–

"methyl bromide" means the controlled substance specified in Group VI of Annex I,

"hydrobromofluorocarbons" means the controlled substances listed in Group VII of
Annex I, including their isomers,

"hydrochlorofluorocarbons" (HCFCs) means the controlled substances listed in Group
VIII of Annex I, including their isomers,

"new substances" means substances listed in Annex II. 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 transportation or storage of that
substance, or insignificant quantities of any new substance, originating from inadvertent
or coincidental production during a manufacturing process or from unreacted feedstock,

"feedstock" means any controlled substance or new substance that undergoes chemical
transformation in a process in which it
is entirely converted from its original
composition and whose emissions are insignificant,

"processing agent" means controlled substances used as chemical processing agents in
those applications listed in Annex VI, in installations existing at 1 September 1997, and
where emissions are insignificant. The Commission shall, in the light of those criteria
and in accordance with the procedure laid down in Article 17, establish a list of
undertakings in which the use of controlled substances as processing agents shall be
laying down maximum emission levels for each of
permitted,
the undertakings
It may, in accordance with the procedure laid down in Article 17, amend
concerned.
Annex VI as well as the list of undertakings referred to above in the light of new
information or
in
technical developments,
Decision X/14 of the Meeting of the Parties to the Protocol,

including the review provided for

"producer" means any natural or legal person manufacturing controlled substances
within the Community,

"production" means the amount of controlled substances produced, less the amount
destroyed by technologies approved by the Parties and less the amount entirely used as
feedstock or as a processing agent in the manufacture of other chemicals. No amount
recovered, recycled or reclaimed shall be considered as "production",

"ozone-depleting potential" means the figure specified in the third 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 its ozone-depleting potential and by adding together, for each
group of controlled substances in Annex I separately, the resulting figures,

"industrial rationalisation" 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 optimising economic efficiency or responding to anticipated shortfalls
in supply as a result of plant closures,

"placing on the market" means the supplying or making available to third persons,
against payment or free of charge, of controlled substances or products containing
controlled substances covered by this Regulation,

"use" means the utilisation of controlled substances in the production or maintenance, in
particular refilling, of products or equipment or in other processes except for feedstock
and processing agent uses,

11

–

–

–

–

–

–

"reversible air-conditioning/heat pump system" means a combination of interconnected
refrigerant-containing parts constituting one closed refrigeration circuit, in which the
refrigerant is circulated for the purpose of extracting and rejecting heat (i.e. cooling,
heating), processes which are reversible in that the evaporators and condensers are
designed to be interchangeable in their functions,

"inward processing" means a procedure provided for in Article 114(1)(a) of Council
Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs
Code (6),

"recovery" means the collection and the storage of controlled substances from,
for example, machinery, equipment and containment vessels during servicing or
before disposal,

"recycling" means the reuse of a recovered controlled substance following a basic
cleaning process such as filtering and drying. For refrigerants, recycling normally
involves recharge back into equipment as is often carried out on site,

"reclamation" means the reprocessing and upgrading of a recovered controlled substance
through such processes as filtering, drying, distillation and chemical treatment in order
to restore the substance to a specified standard of performance, which often involves
processing off site at a central facility,

"undertaking" means any natural or legal person who produces, recycles for placing on
the market or uses controlled substances for industrial or commercial purposes in the
free circulation in the
Community, who releases such imported substances for
Community, or who exports such substances from the Community for industrial or
commercial purposes.

CHAPTER II

PHASE-OUT SCHEDULE

Article 3

Control of production of controlled substances

1. Subject to paragraphs 5 to 10, the production of the following shall be prohibited:

(a)

chlorofluorocarbons;

(b) other fully halogenated chlorofluorocarbons;

(c)

(d)

(e)

(f)

(6)

halons;

carbon tetrachloride;

1,1,1-trichloroethane;

hydrobromofluorocarbons.

OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 82/97 (OJ L 17, 21.1.1997,
p. 1).

12

In the light of the proposals made by Member States, the Commission shall, in accordance
with the procedure laid down in Article 17, apply the criteria set out in Decision IV/25 of the
Parties in order to determine every year any essential uses for which the production and
importation of controlled substances referred to in the first subparagraph may be permitted in
the Community and those users who may take advantage of those essential uses. Such
production and importation shall be allowed only if no adequate alternatives or recycled or
reclaimed controlled substances referred to in the first subparagraph are available from any of
the Parties.

2.

(i)

Subject to paragraphs 5 to 10, each producer shall ensure that:

(a)

(b)

(c)

the calculated level of its production of methyl bromide in the period
1 January to 31 December 1999 and in each 12-month period thereafter does
not exceed 75% of 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 2001 and in each 12-month period thereafter does
not exceed 40% of 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 2003 and in each 12-month period thereafter does
not exceed 25% of the calculated level of its production of methyl bromide
in 1991;

(d)

it produces no methyl bromide after 31 December 2004.

The quantities referred to in subparagraphs (a), (b), (c) and (d) shall not include
the amount of methyl bromide produced for quarantine and pre-shipment
applications.

In the light of the proposals made by Member States, the Commission shall, in
accordance with the procedure laid down in Article 17, apply the criteria set out in
Decision IX/6 of the Parties, together with any other relevant criteria agreed by
the Parties, in order to determine every year any critical uses for which the
production, importation and use of methyl bromide may be permitted in the
Community after 31 December 2004, the quantities and uses to be permitted and
those users who may take advantage of the critical exemption. Such production
and importation shall be allowed only if no adequate alternatives or recycled or
reclaimed methyl bromide is available from any of the Parties.

In an emergency, where unexpected outbreaks of particular pests or diseases so
require, the Commission, at the request of the competent authority of a Member
State, may authorise the temporary use of methyl bromide. Such authorisation
shall apply for a period not exceeding 120 days and to a quantity not exceeding
20 tonnes.

(ii)

3. Subject to paragraphs 8, 9 and 10, each producer shall ensure that:

(a)

the calculated level of its production of hydrochlorofluorocarbons in the period
1 January to 31 December 2000 and in each 12-month period thereafter does not exceed
the calculated level of its production of hydrochlorofluorocarbons in 1997;

13

(b)

(c)

(d)

the calculated level of its production of hydrochlorofluorocarbons in the period
1 January to 31 December 2008 and in each 12-month period thereafter does not exceed
35% of the calculated level of its production of hydrochlorofluorocarbons in 1997;

the calculated level of its production of hydrochlorofluorocarbons in the period
1 January to 31 December 2014 and in each 12-month period thereafter does not exceed
20% of the calculated level of its production of hydrochlorofluorocarbons in 1997;

level of

calculated

the
the
period 1 January to 31 December 2020 and in each 12-month period thereafter does not
exceed 15% of the calculated level of its production of hydrochlorofluorocarbons in
1997;

of hydrochlorofluorocarbons

production

its

in

(e)

it produces no hydrochlorofluorocarbons after 31 December 2025.

Before 31 December 2002,
hydrochlorofluorocarbons with a view to determining:

the Commission shall review the level of production of

–

–

whether a production cut ahead of the year 2008 should be proposed, and/or

whether a change to the levels of production provided for under (b), (c) and (d) should
be proposed.

This review will take into account the development of hydrochlorofluorocarbon consumption
worldwide, the hydrochlorofluorocarbon exports from the Community and other OECD
countries and the technical and economic availability of alternative substances or technologies
as well as relevant international developments under the Protocol.

4.
The Commission shall issue licences to those users identified in accordance with the
second subparagraph of paragraph 1 and paragraph 2(ii) and shall notify them of the use for
they are
which they have authorisation and the substances and quantities thereof that
authorised to use.

5. A producer may be authorised by the competent authority of the Member State in which
that producer’s relevant production is situated to produce the controlled substances referred to
in paragraphs 1 and 2 for the purpose of meeting the demands licensed in accordance with
paragraph 4. The competent authority of the Member State concerned shall notify the
Commission in advance of its intention of issuing any such authorisation.

6. The competent authority of the Member State in which a producer's relevant production is
situated may authorise that producer to exceed the calculated levels of production laid down
in paragraphs 1 and 2 in order to satisfy the basic domestic needs of Parties pursuant to
Article 5 of the Protocol, provided that the additional calculated levels of production of the
Member State concerned do not exceed those permitted for that 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 its intention of issuing
any such authorisation.

14

7. To the extent permitted by the Protocol, the competent authority of the Member State in
which a producer's relevant production is situated may authorise that producer to exceed the
calculated levels of production laid down in paragraphs 1 and 2 in order to satisfy any
essential, or critical, uses of Parties at their request. The competent authority of the Member
State concerned shall notify the Commission in advance of its intention of issuing any such
authorisation.

8. To the extent permitted by the Protocol, the competent authority of the Member State in
which a producer's relevant production is situated may authorise that producer to exceed the
calculated levels of production laid down in paragraphs 1 to 7 for the purpose of industrial
rationalisation 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 as laid down in paragraphs 1 to 7 for the periods in question. The
competent authority of the Member State concerned shall notify the Commission in advance
of its intention of issuing any such authorisation.

9. To the extent permitted by the Protocol, the Commission may, in agreement with the
competent authority of the Member State in which a producer's relevant production is
situated, authorise that producer to exceed the calculated levels of production laid down in
paragraphs 1 to 8 for the purpose of industrial rationalisation 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 as
laid down in paragraphs 1 to 8 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.

10. To the extent permitted by the Protocol, the Commission may, in agreement with both
the competent authority of the Member State in which a producer's relevant production is
situated and the government of the third Party concerned, authorise a producer to combine the
calculated levels of production laid down in paragraphs 1 to 9 with the calculated levels of
production allowed to a producer in a third Party under the Protocol and that producer's
national legislation for the purpose of industrial rationalisation 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 to the Community producer under paragraphs 1
to 9 and the calculated levels of production allowed to the third Party producer under the
Protocol and any relevant national legislation.

Article 4

Control of the placing on the market and use of controlled substances

Subject to paragraphs 4 and 5, the placing on the market and the use of the following

1.
controlled substances shall be prohibited:

(a)

chlorofluorocarbons;

(b) other fully halogenated chlorofluorocarbons;

15

(c)

(d)

(e)

(f)

halons;

carbon tetrachloride;

1,1,1-trichloroethane; and

hydrobromofluorocarbons.

The Commission may, following a request by 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 of chlorofluorocarbons in delivery mechanisms for hermetically sealed
devices designed for implantation in the human body for delivery of measured doses of
medication until 31 December 2004, and in existing military applications until
31 December 2008, where it
technically and
economically feasible alternative substances or technologies are not available or cannot be
used.

is demonstrated that, for a particular use,

2.

(i)

Subject to paragraphs 4 and 5, each producer and importer shall ensure that:

(a)

(b)

(c)

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 1999 and in
each 12-month period thereafter does not exceed 75% of 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 2001 and in
each 12-month period thereafter does not exceed 40% of 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 2003 and in
each 12-month period thereafter does not exceed 25% of the calculated level
of methyl bromide which it placed on the market or used for its own account
in 1991;

(d)

it does not place any methyl bromide on the market or use any for its own
account after 31 December 2004.

To the extent permitted by the Protocol, the Commission shall, following a
request by a competent authority of a Member State and in accordance with the
procedure laid down in Article 17, adjust the calculated level of methyl bromide
is
referred to in Article 3(2)(i)(c) and subparagraph (c) above where it
demonstrated that this is necessary to meet the needs of that Member State,
because technically and economically feasible alternatives or substitutes that are
acceptable from the standpoint of environment and health are not available or
cannot be used.

The Commission,
in consultation with Member States, shall encourage the
development, including research, and the use of alternatives to methyl bromide as
soon as possible.

16

(ii)

Subject to paragraph 4, the placing on the market and the use of methyl bromide
by undertakings other than producers and importers shall be prohibited after
31 December 2005.

(iii) The quantities referred to in subparagraphs 2(i)(a), (b), (c) and (d) shall not
include the amount of methyl bromide produced or imported for quarantine and
pre-shipment applications. For the period [1 January to 31 December 2001] (7)
and for each 12-month period thereafter, each producer and importer shall ensure
that the calculated level of methyl bromide which it places on the market or uses
for its own account for quarantine and pre-shipment applications shall not exceed
the average of the calculated level of methyl bromide which it placed on the
market or used for its own account for quarantine and pre-shipment
in the
years 1996, 1997 and 1998.

Each year Member States shall report to the Commission the quantities of methyl
bromide authorised for quarantine and pre-shipment used in their territory, the
purposes for which methyl bromide was used, and the progress in evaluating and
using alternatives.

The Commission shall, in accordance with the procedure laid down in Article 17,
take measures to reduce the calculated level of methyl bromide which producers
and importers may place on the market or use for their own account for quarantine
and pre-shipment in the light of technical and economic availability of alternative
substances or technologies and of the relevant international developments under
the Protocol.

(iv) The total quantitative limits for the placing on the market or use for their own

account by producers and importers of methyl bromide are set out in Annex III.

3.

(i)

Subject to paragraphs 4 and 5 and to Article 5(5):

(a)

the calculated level of hydrochlorofluorocarbons which producers and
importers place on the market or use for their own account in the period
1 January to 31 December 1999 and in the 12-month period thereafter shall
not exceed the sum of:

– 2,6% of the calculated level of chlorofluorocarbons which producers and
importers placed on the market or used for their own account in 1989, and

– the calculated level of hydrochlorofluorocarbons which producers and
importers placed on the market or used for their own account in 1989;

(b)

the calculated level of hydrochlorofluorocarbons which producers and
importers place on the market or use for their own account in the period
1 January to 31 December 2001 shall not exceed the sum of:

– 2,0% of the calculated level of chlorofluorocarbons which producers and
importers placed on the market or used for their own account in 1989, and

– the calculated level of hydrochlorofluorocarbons which producers and
importers placed on the market or used for their own account in 1989;

(c)

the calculated level of hydrochlorofluorocarbons which producers and
importers place on the market or use for their own account in the period
1 January to 31 December 2002 shall not exceed 85% of the level calculated
in application of subparagraph (b);

17

(d)

(e)

(f)

the calculated level of hydrochlorofluorocarbons which producers and
importers place on the market or use for their own account in the period
1 January to 31 December 2003 shall not exceed 45% of the level calculated
in application of subparagraph (b);

the calculated level of hydrochlorofluorocarbons which producers and
importers place on the market or use for their own account in the period
1 January to 31 December 2004 and in each 12-month period thereafter
shall not exceed 30% of
level calculated in application of
subparagraph (b);

the

The calculated level of hydrochlorocarbons which producers and importers
place on the market or use for their own account in the period 1 January to
13 December 2008 and in each 12 month period thereafter shall not exceed
25 % of the level calculated in application of subparagraph (b);

(gf) no producer or importer shall place virgin hydrochlorofluorocarbons on the
market or use any for its own account after 31 December 20087; the
calculated
reclaimed
hydrochlorofluorocarbons which producers and importers place on the
market in the period of 1 January to 31 December 2008 and for the
period of 1 January to 31 December 2009 shall not exceed 25% of the
level calculated in application of subparagraph (b);

recovered,

recycled

level

or

of

(gh) no producer or importer shall place hydrochlorofluorocarbons on the

market or use any for its own account after 31 December 2009.

(ih) each producer and importer 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 1999 and in each 12-month
period thereafter until 31 December 2002 shall not exceed, as a percentage
of the calculated levels set out in (a) to (c), its percentage market share
in 1996.

(ii)

(iii)

Before 1 January 2001, the Commission shall, in accordance with the procedure
laid down in Article 17, determine a mechanism for the allocation of quotas to
each producer and importer of the calculated levels set out in (d) to (f), applicable
for the period 1 January to 31 December 2003 and for each 12-month period
thereafter.

In the case of producers, the quantities referred to in paragraphs 3(i)(a)-3(i)(e)
shall apply to the amounts of virgin hydrochlorofluorocarbons which they place
on the market or use for their own account within the Community and which were
produced in the Community.

(iv) The total quantitative limits for the placing on the market or use for their own
account by producers and importers of hydrochlorofluorocarbons are set out in
Annex III.

4.

(i)

(a)

Paragraphs 1, 2 and 3 shall not apply to the placing on the market of
controlled substances for destruction within the Community by technologies
approved by the Parties;

(b)

paragraphs 1, 2 and 3 shall not apply to the placing on the market and use of
controlled substances if:

18

– they are used for feedstock or as a processing agent; or

– they are used to meet the licensed demands for essential uses of those
users identified as laid down in Article 3(1) and to meet the licensed
demands for critical uses of those users identified as laid down in
temporary emergency
the demands
Article 3(2) or
applications authorised in accordance with Article 3(2)(ii).

to meet

for

(ii)

(iii)

Paragraph 1 shall not apply to the placing on the market, by undertakings other
that producers, of controlled substances for the maintenance or servicing of
refrigeration and air conditioning equipment until 31 December 1999.

Paragraph 1 shall not apply to the use of controlled substances for
the
maintenance or servicing of refrigeration and air-conditioning equipment or in
fingerprinting processes until 31 December 2000.

(iiiv) Paragraph 1(c) shall not apply to the placing on the market and use of halons that
have been recovered, recycled or reclaimed in existing fire protection systems
until 31 December 2002 or to the placing on the market and use of halons for
critical uses as set out in Annex VII. Each year the competent authorities of the
Member States shall notify to the Commission the quantities of halons used for
critical uses, the measures taken to reduce their emissions and an estimate of such
emissions, and the current activities to identify and use adequate alternatives.
Each year the Commission shall review the critical uses listed in Annex VII and,
if necessary, adopt modifications in accordance with the procedure laid down in
Article 17.

(iv) Except for uses listed in Annex VII, fire protection systems and fire extinguishers
containing halons shall be decommissioned before 31 December 2003, and halons
shall be recovered in accordance with the provisions of Article 15.

5. Any producer or importer entitled to place controlled substances referred to in this Article
on the market or use them for its own account may transfer that right in respect of all or any
quantities of that group of substances fixed in accordance with this Article to any other
producer or importer of that group of substances within the Community. Any such transfer
shall be notified in advance to the Commission. The transfer of the right to place on the
market or use shall not imply the further right to produce or to import.

fully

other

The importation and placing on the market of products and equipment containing
6.
chlorofluorocarbons,
carbon
tetrachloride, 1,1,1-trichloroethane and hydrobromofluorocarbons shall be prohibited, with
the exception of products and equipment for which the use of the respective controlled
substance has been authorised in accordance with the second subparagraph of Article 3(1) or
is listed in Annex VII. Products and equipment shown to be manufactured before the entry
into force of this Regulation shall not be covered by this prohibition.

chlorofluorocarbons,

halogenated

halons,

19

Article 5

Control of the use of hydrochlorofluorocarbons

Subject
1.
be prohibited:

to the following conditions,

the use of hydrochlorofluorocarbons shall

(a)

(b)

in aerosols;

as solvents:

(i)

(ii)

in non-contained solvent uses including open-top cleaners and open-top de-
watering systems without refrigerated areas,
in adhesives and mould-release
agents when not employed in closed equipment, for drain cleaning where
hydrochlorofluorocarbons are not recovered;

from 1 January 2002, in all solvent uses, with the exception of precision cleaning
of electrical and other components in the aerospace and aeronautics applications
where the prohibition shall enter into force on 31 December 2008;

(c)

as refrigerants:

(i)

in equipment produced after 31 December 1995 for the following uses:

–

–

–

–

in non-confined direct-evaporation systems,

in domestic refrigerators and freezers,

in motor vehicle, tractor and off-road vehicle or trailer air conditioning
systems operating on any energy source, except for military uses where the
prohibition shall enter into force on 31 December 2008,

in road public-transport air-conditioning,

in rail transport air-conditioning, in equipment produced after 31 December 1997;

from 1 January 2000,
following uses:

in equipment produced after 31 December 1999 for the

–

–

in public and distribution cold stores and warehouses,

for equipment of 150 kW and over, shaft input,

from 1 January 2001, in all other refrigeration and air-conditioning equipment
produced after 31 December 2000, with the exception of fixed air-conditioning
equipment, with a cooling capacity of less than 100 kW, where the use of
hydrochlofluorocarbons shall be prohibited from 1 January 2003 in equipment
produced after 31 December 2002 and of reversible air-conditioning/heat pump
systems where the use of hydrochlorofluorocarbons shall be prohibited from
1 January 2004 in all equipment produced after 31 December 2003;

from 1 January 2008 , the use of virgin hydrochlorofluorocarbons shall be
refrigeration and
prohibited in the maintenance and servicing of
all
the use
that date;
air-conditioning
hydrochlorofluorocarbons shall be prohibited from 1 January 2010.

equipment

existing

of

at

(ii)

(iii)

(iv)

(v)

(d)

for the production of foams:

(i)

for the production of all foams except
applications and rigid insulating foams;

integral skin foams for use in safety

20

(ii)

(iii)

(iv)

from 1 January 2000 the date of entry into force of this regulation, for the
production of integral skin foams for use in safety applications and polyethylene
rigid insulating foams;

from 1 January 2002, for the production of extruded polystyrene rigid insulating
foams, except where used for insulated transport;

from 1 January 2003, for the production of polyurethane foams for appliances, of
polyurethane flexible faced laminate foams and of polyurethane sandwich panels,
except where these latter two are used for insulated transport;

(v)

from 1 January 2004, for the production of all foams, including polyurethane
spray and block foams;

(e)

as carrier gas for sterilisation substances in closed systems, in equipment produced after
31 December 1997;

(f)

in all other applications.

By way of derogation from paragraph 1, the use of hydrochlorofluorocarbons shall

2.
be permitted:

(a)

(b)

(c)

in laboratory uses, including research and development;

as feedstock;

as a processing agent.

By way of derogation from paragraph 1,

3.
the use of hydrochlorofluorocarbons as
fire-fighting agents in existing fire protection systems may be permitted for replacing halons
in applications listed in Annex VII under the following conditions:

–

–

–

–

halons contained in such fire protection systems shall be replaced completely,

halons withdrawn shall be destroyed,

70% of
the
hydrochlorofluorocarbons,

destruction costs

shall

be

covered

by the

supplier

of

the

each year, Member States making use of this provision shall notify to the Commission
the number of installations and the quantities of halons concerned.

4.
The importation and placing on the market of products and equipment containing
hydrochlorofluorocarbons for which a use restriction is in force under this Article shall be
prohibited from the date on which the use restriction comes into force. Products and
equipment shown to be manufactured before the date of that use restriction shall not be
covered by this prohibition.

5. Until 31 December 2009, the use restrictions under this Article shall not apply to the use
of hydrochlorofluorocarbons for the production of products for export to countries where the
use of hydrochlorofluorocarbons in those products is still permitted.

21

6. The Commission may, in accordance with the procedure laid down in Article 17, in the
light of experience with the operation of this Regulation or to reflect technical progress,
modify the list and the dates set out in paragraph 1.

7. The Commission may, following a request by a competent authority of a Member State
and in accordance with the procedure laid down in Article 17, authorise a time-limited
exemption to allow the use and placing on the market of hydrochlorofluorocarbons in
derogation 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.

CHAPTER III

TRADE

Article 6

Licences to import from third countries

The release for free circulation in the Community or inward processing of controlled
1.
substances shall be subject to the presentation of an import licence. Such licences shall be
issued by the Commission after verification of compliance with Articles 6, 7, 8 and 13. The
Commission shall forward a copy of each licence to the competent authority of the Member
State into which the substances concerned are to be imported. Each Member State shall
appoint a competent authority for that purpose. Controlled substances listed in groups I, II,
III, IV and V as listed in Annex I shall not be imported for inward processing.

2. The licence shall, when related to an inward-processing procedure, be issued only if the
controlled substances are to be used in the customs territory of the Community under the
system of suspension, provided for in Article 114(2)(a) of Regulation (EEC) No 2913/92, and
under the condition that the compensating products are re-exported to a State where the
production, consumption or import of that controlled substance is not prohibited. The licence
shall only be issued following approval of the competent authority of the Member State in
which the inward-processing operation is to take place.

3. A request for a licence shall state:

(a)

(b)

(c)

the names and the addresses of the importer and the exporter;

the country of exportation;

the country of final destination if controlled substances are to be used in the customs
territory of the Community under the inward-processing procedure as referred to in
paragraph 2;

(d)

a description of each controlled substance, including:

–

–

–

–

the commercial description,

the description and the CN code as laid down in Annex IV,

the nature of the substance (virgin, recovered or reclaimed),

the quantity of the substance in kilograms;

22

(e)

(f)

the purpose of the proposed import;

if known, the place and date of the proposed importation and, where relevant, any
changes to these data.

The Commission may require a certificate attesting the nature of substances to

4.
be imported.

5. The Commission may, in accordance with the procedure laid down in Article 17, modify
the list of items mentioned in paragraph 3 and Annex IV.

Article 7

Imports of controlled substances from third countries

The release for free circulation in the Community of controlled substances imported from
third countries shall be subject to quantitative limits. Those limits shall be determined and
quotas allocated to undertakings for the period 1 January to 31 December 1999 and for each
12-month period thereafter in accordance with the procedure laid down in Article 17. They
shall be allocated only:

(a)

(b)

(c)

(d)

for controlled substances of groups VI and VIII as referred to in Annex I;

for controlled substances if they are used for essential or critical uses or for quarantine
and pre-shipment applications;

for controlled substances if they are used for feedstock or as processing agents; or

to undertakings having destruction facilities for recovered controlled substances if the
controlled substances are used for destruction in the Community by technologies
approved by the Parties.

Article 8

Imports of controlled substances from a State not party to the Protocol

The release for free circulation in the Community or inward processing of controlled
substances imported from any State not party to the Protocol shall be prohibited.

Article 9

Imports of products containing controlled substances from a State
not party to the Protocol

1. The release for free circulation in the Community of products and equipment containing
controlled substances imported from any State not Party to the Protocol shall be prohibited.

2. A list of products containing controlled substances and of Combined Nomenclature codes
is given in Annex V for guidance of the Member States’ customs authorities.
The
Commission may, in accordance with the procedure laid down in Article 17, add to, delete
items from or amend this list in the light of the lists established by the Parties.

23

Article 10

Imports of products produced using controlled substances from a State
not party to the Protocol

the Council shall, on a proposal from the
In the light of the decision of the Parties,
Commission, adopt rules applicable to the release for free circulation in the Community of
products which were produced using controlled substances but do not contain substances
which can be positively identified as controlled substances, imported from any State not party
to the Protocol. The identification of such products shall comply with periodical technical
advice given to the Parties. The Council shall act by a qualified majority.

Export of controlled substances or products containing controlled substances

Article 11

Exports from the Community of chlorofluorocarbons, other

fully halogenated
1.
chlorofluorocarbons,
and
hydrobromofluorocarbons or products and equipment, other than personal effects, containing
those substances or whose continuing function relies on supply of those substances shall be
prohibited. This prohibition shall not apply to exports of:

trichloroethane

tetrachloride,

halons,

carbon

1,1,1

(a)

(b)

(c)

controlled substances produced under Article 3(6) to satisfy the basic domestic needs of
Parties pursuant to Article 5 of the Protocol;

controlled substances produced under Article 3(7) to satisfy essential or critical uses of
Parties;

products and equipment containing controlled substances produced under Article 3(5) or
imported under Article 7(b);

(d) products and equipment containing halon, to satisfy critical uses listed in Annex VII;

(e)

controlled substances to be used for feedstock and processing agent applications.

2. Exports from the Community of methyl bromide to any State not party to the Protocol
shall be prohibited.

3. From 1 January 2004, exports from the Community of hydrochlorofluorocarbons to any
State not party to the Protocol shall be prohibited. The Commission shall, in accordance with
the procedure laid down in Article 17, examine the above date in the light of relevant
international developments under the Protocol and modify it as appropriate.

Article 12

Export authorisation

1. Exports from the Community of controlled substances shall be subject to authorisation.
Such export authorisation shall be issued by the Commission to undertakings for the
period 1 January to 31 December 19992001 and for each 12-month period thereafter after
verification of compliance with Article 11. The Commission shall forward a copy of each
export authorisation to the competent authority of the Member State concerned.

24

2. An application for an export authorisation shall state:

(a)

(b)

(c)

(d)

(e)

the name and address of the exporter and of the producer, where it is not the same;

a description of the controlled substance(s) intended for export, including:

–

–

–

the commercial description,

the description and the CN code as laid down in Annex IV,

the nature of the substance (virgin, recovered or reclaimed);

the total quantity of each substance to be exported;

the country/countries of final destination of the controlled substance(s);

the purpose of the exports.

3. Each exporter shall notify the Commission of any changes which might occur during the
period of validity of the authorisation in relation to the data notified under paragraph 2. Each
exporter shall report to the Commission in accordance with Article 18.

Article 13

Exceptional authorisation to trade with a State not party to the Protocol

By way of derogation from Articles 8, 9(1), 10, 11(2) and (3), trade with any State not party
to the Protocol in controlled substances and products which contain or are produced by means
of one or more such substances may be authorised by the Commission, to the extent that the
State not party to the Protocol is determined by a meeting of the Parties to be in full
compliance with 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 laid down in
Article 17 of this Regulation.

Article 14

Trade with a territory not covered by the Protocol

1. Subject to any decision taken under paragraph 2, Articles 8, 9, 11(2) and (3) shall apply to
any territory not covered by the Protocol as they apply to any State not party to the Protocol.

2. Where the authorities of a territory not covered by the Protocol are in full compliance with
the Protocol and have submitted data to that effect as specified in Article 7 of the Protocol, the
Commission may decide that some or all of the provisions of Articles 8, 9 and 11 of this
Regulation shall not apply in respect of that territory.

The Commission shall take its decision in accordance with the procedure laid down in
Article 17.

Article 14bis (new)

Notification of Member States

The Commission shall immediately notify the Member States of any measures it adopts
pursuant to Articles 12, 13 and 14.

25

CHAPTER IV

EMISSION CONTROL

Article 15

Recovery of used controlled substances

Controlled substances contained in:

refrigeration, air-conditioning and heat pump equipment, except domestic refrigerators
and freezers,

equipment containing solvents,

fire protection systems and fire extinguishers,

1.

–

–

–

shall be recovered 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 contained in domestic refrigerators and freezers shall be recovered

2.
and dealt with as provided for in paragraph 1 after 31 December 2001.

Controlled substances contained in products, installations and equipment other than
3.
those mentioned in paragraphs 1 and 2 shall be recovered, if practicable, and dealt with as
provided in in paragraph 1.

Controlled substances shall not be placed on the market in disposable containers, except

4.
for essential uses.

5. Member States shall establish systems
to promote the recovery, recycling,
reclamation and destruction of controlled substances and assign to users, refrigeration
technicians or other appropriate bodies responsibility for ensuring compliance with
paragraph 1. Member States shall define the minimum qualification requirements for the
personnel involved. At the latest on 31 December 2001, Member States shall report to the
Commission on the programmes related to the above qualification requirements. The
In the light of this
Commission shall evaluate the measures taken by the Member States.
evaluation and of technical and other relevant information, the Commission, as appropriate,
shall propose measures regarding those minimum qualification requirements.

6. 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 controlled substances recovered, recycled, reclaimed
or destroyed.

26

This Article shall be without prejudice to Council Directive 75/442/EEC of 15 July 1975

7.
on waste (7) or to measures adopted following Article 2(2) of that Directive.

Article 16

Leakages of controlled substances

1. All precautionary measures practicable shall be taken to prevent and minimise leakages
of controlled substances.
In particular, fixed equipment with a refrigerating fluid charge of
more than 3 kg shall be checked for leakages annually. Member States shall define the
minimum qualification requirements for
the latest on
31 December 2001, Member States shall report to the Commission on the programmes related
to the above qualification requirements. The Commission shall evaluate the measures taken
by the Member States.
In the light of this evaluation and of technical and other relevant
the Commission, as appropriate, shall propose measures regarding those
information,
minimum qualification requirements.

the personnel

involved.

At

The Commission shall promote the preparation of European standards relating to the control
of leakages and to the recovery of substances leaking from commercial and industrial
air-conditioning and refrigeration equipment,
from fire-protection systems and from
equipment containing solvents as well as, as appropriate, to technical requirements with
respect to the leakproofness of refrigeration systems.

2. All precautionary measures practicable shall be taken to prevent and minimise leakages
of methyl bromide from fumigation installations and operations in which methyl bromide is
used. Whenever methyl bromide is used in soil fumigation, the use of virtually impermeable
films for a sufficient
the same level of
environmental protection shall be mandatory. Member States shall define the minimum
qualification requirements for the personnel involved.

time, or other techniques ensuring at

least

3. All precautionary measures practicable shall be taken to prevent and minimise leakages
of controlled substances used as feedstock and as processing agents.

4. All precautionary measures practicable shall be taken to prevent and minimise any
leakage of controlled substances inadvertently produced in the course of the manufacture of
other chemicals.

5.
The Commission shall develop as appropriate and ensure the dissemination of notes
describing Best Available Technologies and Best Environmental Practices concerning the
prevention and minimisation of leakages and emissions of controlled substances.

(7)

OJ L 194, 25.7.1975, p. 39. Directive as last amended by Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).

27

CHAPTER V

COMMITTEE, REPORTING, INSPECTION AND PENALTIES

Article 17

Committee

The Commission shall be assisted by a committee composed of the representatives of the
Member States and chaired by a 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 that 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
laid down in that Article. The chairman shall not vote.

The Commission shall adopt measures which shall apply immediately. However, if these
measures are not
they shall be
In that event, the Commission
communicated by the Commission to the Council forthwith.
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.

in accordance with the opinion of

the committee,

The Council, acting by a qualified majority, may take a different decision within the
time-limit referred to in the previous paragraph.

Article 18

Reporting

Every year before 31 March, each producer,

importer and exporter of controlled
1.
substances shall communicate to the Commission, sending a copy to the competent authority
of the Member State concerned, data as specified below for each controlled substance, in
respect of the period 1 January to 31 December of the preceding year.

The format of this report shall be established in accordance with the procedure set out in
Article 17.

(a) Each producer shall communicate:

–

–

–

–

–

its total production of each controlled substance,

any production placed on the market or used for the producer’s own account
feedstock,
within the Community,
processing agent, quarantine and pre-shipment and other uses,

separately identifying production for

any production to meet
accordance with Article 3(4),

the essential uses in the Community,

licensed in

any production authorised under Article 3(6) to satisfy basic domestic needs of
Parties pursuant to Article 5 of the Protocol,

any production authorised under Article 3(7) to satisfy essential, or critical, uses
of Parties,

28

–

–

–

any increase in production authorised under Article 3(8),
connection with industrial rationalisation,

(9) and (10) in

any quantities recycled, reclaimed or destroyed,

any stocks.

(b) Each importer, including any producers who also import, shall communicate:

–

–

–

–

any quantities released for
free circulation in the Community, separately
identifying imports for feedstock and processing-agent uses, for essential or
critical uses licensed in accordance with Article 3(4), for use in quarantine and
pre-shipment applications and for destruction,

any quantities of controlled substances entering the Community under
inward-processing procedure,

the

of

used

controlled

substances

imported

for

recycling

any
quantities
or reclamation,

any stocks.

(c) Each exporter, including any producers who also export, shall communicate:

–

–

–

any quantities of controlled substances exported from the Community, including
substances which are re-exported under
the inward-processing procedure,
separately identifying quantities exported to each country of destination and
quantities exported for feedstock and processing agent uses, essential uses, critical
uses, quarantine and pre-shipment uses, to meet the basic domestic needs of
Parties pursuant to Article 5 of the Protocol and for destruction,

any quantities of used controlled substances exported for recycling or reclamation,

any stocks.

Every year before 31 December, Member States’ customs authorities shall return to the

2.
Commission the stamped used licence documents.

Every year before 31 March, each user who has been authorised to take advantage of an
3.
essential use exemption under Article 3(1) shall, for each substance for which an authorisation
has been received, report to the Commission, sending a copy to the competent authority of the
Member State concerned, the nature of the use, the quantities used during the previous year,
the quantities held in stock, any quantities recycled or destroyed, and the quantity of products
containing those substances placed on the Community market and/or exported.

4.
Every year before 31 March, each undertaking which has been authorised to use
controlled substances as a processing agent shall report to the Commission the quantities used
during the previous year, and an estimate of the emissions which occurred during such use.

The Commission shall take appropriate steps to protect

5.
information submitted to it.

the confidentiality of the

29

6.
The Commission may, in accordance with the procedure laid down in Article 17, modify
the reporting requirements laid down in paragraphs 1 to 4, to meet commitments under the
Protocol or to improve the practical application of those reporting requirements.

Article 19

Inspection

In carrying out the tasks assigned to it by this Regulation, the Commission may obtain
1.
all the information from the governments and competent authorities of the Member States and
from undertakings.

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 is situated, together with a statement of the reasons
why that information is required.

The competent authorities of the Member States shall carry out the investigations
3.
which the Commission considers necessary under this Regulation. They shall also
conduct random checks on imports and communicate the schedules and results of those
checks to the Commission.

34. Subject to the agreement of the Commission and of the competent authority of the
Member State within the territory of which the investigations are to be made, the officials of
the Commission shall assist the officials of that authority in the performance of their duties.

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

take appropriate steps to protect

The Commission shall

Article 20

Penalties

Member States shall determine the necessary penalties applicable to breaches of this
Regulation. The penalties shall be effective, proportionate and dissuasive. Member States
shall notify the provisions regarding penalties to the Commission [..] by 1 July 2000 at the
latest and shall also notify it without delay of any subsequent amendment affecting such
provisions.

30

CHAPTER VI

NEW SUBSTANCES

Article 21

New substances

1. The production, release for free circulation in the Community and inward processing,
placing on the market and use of new substances in Annex II are prohibited. This prohibition
does not apply to new substances if they are used as feedstock.

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

CHAPTER VII

FINAL PROVISIONS

Article 22

Repeal

Regulation (EC) No 3093/94 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation.

Article 23

Entry into force

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

It shall apply from 1 July 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

31

ANNEX 1

CONTROLLED SUBSTANCES COVERED

Group

Substance

Ozone-depleting
potential (1)

Group I

Group II

Group III

CFCl3
CF2Cl2
C2F3Cl3
C2F4Cl2
C2F5Cl

CF3Cl
C2FCl5
C2F2Cl4
C3FCl7
C3F2Cl6
C3F3Cl5
C3F4Cl4
C3F5Cl3
C3F6Cl2
C3F7Cl

CF2BrCl
CF3Br
C2F4Br2

(CFC- 11)
(CFC- 12)
(CFC-113)
(CFC-114)
(CFC-115)

(CFC- 13)
(CFC-111)
(CFC-112)
(CFC-211)
(CFC-212)
(CFC-213)
(CFC-214)
(CFC-215)
(CFC-216)
(CFC-217)

(halon-1211)
(halon-1301)
(halon-2402)

Group IV

CCl4

(carbon tetrachloride)

Group V

C2H3Cl3 (2)

(1,1,1-trichloroethane)

Group VI

CH3Br

(methyl bromide)

1,0
1,0
0,8
1,0
0,6

1,0
1,0
1,0
1,0
1,0
1,0
1,0
1,0
1,0
1,0

3,0
10,0
6,0

1,1

0,1

0,6

32

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
1,4
1,9
3,1
2,5
4,4
0,3
1,0
0,8
0,4
0,8
0,7

Group VII

CHFBr2
CHF2Br
CH2FBr
C2HFBr4
C2HF2Br3
C2HF3Br2
C2HF4Br
C2H2FBr3
C2H2F2Br2
C2H2F3Br
C2H3FBr2
C2H3F2Br
C2H4FBr
C3HFBr6

C3HF2Br5
C3HF3Br4
C3HF4Br3
C3HF5Br2
C3HF6Br
C3H2FBr5
C3H2F2Br4
C3H2F3Br3
C3H2F4Br2
C3H2F5Br
C3H3FBr4
C3H3F2Br3
C3H3F3Br2
C3H3F4Br
C3H4FBr3
C3H4F2Br2
C3H4F3Br
C3H5FBr2
C3H5F2Br
C3H6FBr

33

Group VIII

(HCFC- 21) (3)
CHFCl2
(HCFC- 22) (3)
CHF2Cl
(HCFC- 31)
CH2FCl
(HCFC-121)
C2HFCl4
C2HF2Cl3
(HCFC-122)
(HCFC-123) (3)
C2HF3Cl2
(HCFC-124) (3)
C2HF4Cl
(HCFC-131)
C2H2FCl3
(HCFC-132)
C2H2F2Cl2
C2H2F3Cl
(HCFC-133)
(HCFC-141)
C2H3FCl2
(HCFC-141b) (3)
CH3FCl2
(HCFC-142)
C2H3F2Cl
(HCFC-142b) (3)
CH3F2Cl
C2H4FCl
(HCFC-151)
(HCFC-221)
C3HFCl6
C3HF2Cl5
(HCFC-222)
(HCFC-223)
C3HF3Cl4
(HCFC-224)
C3HF4Cl3
C3HF5Cl2
(HCFC-225)
(HCFC-225ca) (3)
CF3CF2CHCl2
CF2ClF2CHClF (HCFC-225cb) (3)
C3HF6Cl
C3H2FCl5
C3H2F2Cl4
C3H2F3Cl3
C3H2F4Cl2
C3H2F5Cl
C3H3FCl4
C3H3F2Cl3
C3H3F3Cl2
C3H3F4Cl
C3H4FCl3
C3H4F2Cl2
C3H4F3Cl
C3H5FCl2
C3H5F2Cl
C3H6FCl

(HCFC-226)
(HCFC-231)
(HCFC-232)
(HCFC-233)
(HCFC-234)
(HCFC-235)
(HCFC-241)
(HCFC-242)
(HCFC-243)
(HCFC-244)
(HCFC-251)
(HCFC-252)
(HCFC-253)
(HCFC-261)
(HCFC-262)
(HCFC-271)

0,040
0,055
0,020
0,040
0,080
0,020
0,022
0,050
0,050
0,060
0,070
0,110
0,070
0,065
0,005
0,070
0,090
0,080
0,090
0,070
0,025
0,033
0,100
0,090
0,100
0,230
0,280
0,520
0,090
0,130
0,120
0,140
0,010
0,040
0,030
0,020
0,020
0,030

(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.

(2) This formula does not refer to 1,1,2-trichloroethane.
(3)

Identifies the most commercially viable substance as prescribed in the Protocol.

34

ANNEX 2

NEW SUBSTANCES

Bromochloroethane

35

ANNEX 3

TOTAL QUANTITATIVE LIMITS ON PRODUCERS' AND IMPORTERS'

PLACING CONTROLLED SUBSTANCES ON THE MARKET AND

USING THEM FOR THEIR OWN ACCOUNT IN THE COMMUNITY

(calculated levels expressed in ODP tonnes)

Substance

Group I

Group II

Group III

Group IV

Group V

For
periods
1 January
31 December

12-month
from
to

0

0

0

0

0

Group VI (1)
For uses other
than
quarantine
and pre-shipment
applications

quarantine
pre-

Group VI (1)
For
and
shipment
applications

Group VII

Group VIII

8665
8665
4621
4621
2888
2888
0

1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
(1) Calculated on the basis of ODP = 0,6.

(*) Figures to be added at a later stage.

0

8079
8079
6678
5676
3005
2003
2003
2003
2003
1669
1669
0
0
0
0
0
0

36

ANNEX 4

GROUPS, COMBINED NOMENCLATURE 1999 (CN 99) CODES (1) AND
DESCRIPTIONS

FOR THE SUBSTANCES REFERRED TO IN ANNEXES I AND III

Group

CN 97 code

Description

Group I

Group II

Group III

Group IV
Group V

Group VI
Group VII

2903 41 00
2903 42 00
2903 43 00
2903 44 10
2903 44 90
2903 45 10
2903 45 15
2903 45 20
2903 45 25
2903 45 30
2903 45 35
2903 45 40
2903 45 45
2903 45 50
2903 45 55
2903 46 10
2903 46 20
2903 46 90
2903 14 00
2903 19 10

2903 30 33
2903 49 30

-- Trichlorofluoromethane
-- Dichlorodifluoromethane
-- Trichlorotrifluoroethanes
--- Dichlorotetrafluoroethanes
--- Chloropentafluoroethane
--- Chlorotrifluoromethane
--- Pentachlorofluoroethane
--- Tetrachlorodifluoroethanes
--- Heptachlorofluoropropanes
--- Hexachlorodifluoropropanes
--- Pentachlorotrifluoropropanes
--- Tetrachlorotetrafluoropropanes
--- Trichloropentafluoropropanes
--- Dichlorohexafluoropropanes
--- Chloroheptafluoropropanes
--- Bromochlorodifluoromethane
--- Bromotrifluoromethane
--- Dibromotetrafluoroethanes
-- Carbon tetrachloride
--- 1,1,1-Trichloroethane
(methylchloroform)

--- Bromomethane (methyl bromide)
---- Hydrobromofluoromethanes, -ethanes

or -propanes

Group VIII

2903 49 10

---- Hydrochlorofluoromethanes, -ethanes

ex 3824 71 00

ex 3824 79 00

ex 3824 90 95

or -propanes

--- Mixtures containing one or more

substances falling within
codes 2903 41 00 to 2903 45 55.
--- Mixtures containing one or more

substances falling within
codes 2903 46 10 to 2903 46 90
----- Mixtures containing one or more

substances falling within
codes 2903 14 00, 2903 19 10,
2903 30 33, 2903 49 10 or
2903 49 30

(1) An "ex" before a code implies that other products than those referred to in the column

"Description" may fall under that subheading.

37

ANNEX 5

COMBINED NOMENCLATURE (CN) CODES FOR PRODUCTS

CONTAINING CONTROLLED SUBSTANCES (*)

(*) These customs codes are given for the guidance of the Member States' customs

authorities.

1. Automobiles and truck equipped with air-conditioning units

CN codes
8701 20 10 – 8701 90 90
8702 10 11 – 8702 90 90
8703 10 11 – 8703 90 90
8704 10 11 – 8704 90 00
8705 10 00 – 8705 90 90
8706 00 11 – 8706 00 99

2. Domestic and commercial refrigeration and air-conditioning/heat-pump equipment

Refrigerators:

CN codes
8418 10 10 – 8418 29 00
8418 50 11 – 8418 50 99
8418 61 10 – 8418 69 99

Freezers:
CN codes
8418 10 10 – 8418 29 00
8418 30 10 – 8418 30 99
8418 40 10 – 8418 40 99
8418 50 11 – 8418 50 99
8418 61 10 – 8418 61 90
8418 69 10 – 8418 69 99

Dehumidifiers:

CN codes
8415 10 00 – 8415 83 90
8479 60 00
8479 89 10
8479 89 98

Water coolers and gas liquefying units:
CN codes
8419 60 00
8419 89 98

Ice machines:
CN codes
8418 10 10 – 8414 29 00
8418 30 10 – 8418 30 99
8418 40 10 – 8418 40 99

38

8418 50 11 – 8418 50 99
8418 61 10 – 8418 61 90
8418 69 10 – 8418 69 99

Air-conditioning and heat-pump units:
CN codes
8415 10 00 – 8415 83 90
8418 61 10 – 8418 61 90
8418 69 10 – 8418 69 99
8418 99 10 – 8418 99 90

3. Aerosol products, except medical aerosols

Food products:
CN codes
0404 90 21 – 0404 90 89
1517 90 10 – 1517 90 99
2106 90 92
2106 90 98

Paints and varnishes, prepared water pigments and dyes:
CN codes
3208 10 10 – 3208 10 90
3208 20 10 – 3208 20 90
3208 90 11 – 3208 90 99
3209 10 00 – 3209 90 00
3210 00 10 – 3210 00 90
3212 90 90

Perfumery, cosmetic or toilet preparations:
CN codes
3303 00 10 – 3303 00 90
3304 30 00
3304 99 00
3305 10 00 – 3305 90 90
3306 10 00 – 3306 90 00
3307 10 00 – 3307 30 00
3307 49 00
3307 90 00

Surface-active preparations:
CN codes
3402 20 10 – 3402 20 90

Lubricating preparations:
CN codes
2710 00 81
2710 00 97
3403 11 00
3403 19 10 – 3403 19 99
3403 91 00
3403 99 10 – 3403 99 90

39

Household preparations:
CN codes
3405 10 00
3405 20 00
3405 30 00
3405 40 00
3405 90 10 – 3405 90 90

Articles of combustible materials:
CN codes
3606 10 00

Insecticides, rodenticides, fungicides, herbicides, etc.:
CN codes
3808 10 10 – 3808 10 90
3808 20 10 – 3808 20 80
3808 30 11 – 3808 30 90
3808 40 10 – 3808 40 90
3808 90 10 – 3808 90 90

Finishing agents, etc.:
CN codes
3809 10 10 – 3809 10 90
3809 91 00 – 3809 93 00

Preparations and charges for fire-extinguishers; charged fire-extinguishing grenades:
CN codes
3813 00 00

Organic composite solvents, etc.:
CN codes
3814 00 10 – 3814 00 90

Prepared de-icing fluids:
CN codes
3820 00 00

Products of the chemical or allied industries:
CN codes
3824 90 10
3824 90 35
3824 90 40
3824 90 45 – 3824 90 95

Silicones in primary forms:
CN codes
3910 00 00

Arms:
CN codes
9304 00 00

4. Portable fire extinguishers

CN codes

8424 10 10 – 8424 10 99

40

5.

Insulation boards, panels and pipe covers
CN codes
3917 21 10 – 3917 40 90
3920 10 23 – 3920 99 90
3921 11 00 – 3921 90 90
3925 10 00 – 3925 90 80
3926 90 10 – 3926 90 99

6. Pre-polymers
CN codes
3901 10 10 – 3911 90 99

41

ANNEX 6

PROCESSES IN WHICH CONTROLLED SUBSTANCES ARE USED

AS PROCESSING AGENTS

–

–

–

–

–

–

–

–

–

–

–

use of carbon tetrachloride for the elimination of nitrogen trichloride in the production of
chlorine and caustic soda;

use of carbon tetrachloride in the recovery of chlorine in tail gas from production of
chlorine;

use of carbon tetrachloride in the manufacture of chlorinated rubber;

use of carbon tetrachloride in the manufacture of isobutyl acetophenone (ibruprofen –
analgesic);

use of carbon tetrachloride in the manufacture of poly-phenylene-terephtalamide;

use of CFC-11 in manufacture of fine synthetic polyolefin fibre sheet;

use of CFC-113 in the manufacture of vinorelbine (pharmaceutical product);

use of CFC-12 in the photochemical synthesis of perfluoropolyetherpolyperoxide
precursors of Z-perfluoropolyethers and difunctional derivatives;

use of CFC-113 in the reduction of perfluoropolyetherpolyperoxide intermediate for
production of perfluoropolyether diesters;

use of CFC-113 in the preparation of perfluoropolyether diols with high functionality;

use of carbon tetrachloride in the production of tralomethrine (insecticide).

And the use of HCFCs in the above processes when used to replace CFC or carbon
tetrachloride.

42

ANNEX 7

CRITICAL USES OF HALON

Use of halon 1301:

–

–

–

–

–

–

in aircraft for the protection of crew compartments, engine nacelles, cargo bays and dry
bays,

in military land vehicles and naval vessels for the protection of spaces occupied by
personnel and engine compartments;

for the making inert of occupied spaces where flammable liquid and/or gas release could
occur in the military and in the oil, gas and petrochemical sector, and in existing cargo
ships;

for the making inert of existing manned communication and command centres of the
armed forces or otherwise essential for national security;

for the making inert of spaces where there may be a risk of dispersion of radioactive
matter;

in the Channel Tunnel and associated installations and rolling stock.

Use of halon 1211:

–

–

–

–

in hand-held fire extinguishers and fixed extinguisher equipment for engines for use on
board aircraft;

in aircraft for the protection of crew compartments, engine nacelles, cargo bays and
dry bays;

in fire extinguishers essential to personal safety used for initial extinguishing by fire
brigades;

in military and police fire extinguishers for use on persons.

43