WRITTEN QUESTION P-1583/00 by Jonathan Evans (PPE-DE) to the Commission. HRP Refrigerants Ltd ‐ imminent adoption of new regulation to replace Regulation 3093/94 on substances that deplete the ozone layer ‐ HCFC import quota.
Date: 2000-05-12
Institutions: European Parliament, Provisional data
Subjects: extra-EU trade, stratospheric pollutant

3.4.2001

EN

Official Journal of the European Communities

C 103 E/15

(2001/C 103 E/015)

WRITTEN QUESTION P-1583/00

by Jonathan Evans (PPE-DE) to the Commission

(12 May 2000)

Subject: HRP Refrigerants Ltd (cid:129) imminent adoption of new regulation to replace Regulation 3093/94 on

substances that deplete the ozone layer (cid:129) HCFC import quota

The Council and the European Parliament are soon to adopt a new regulation to replace Regulation 3093/
94 (1) on substances that deplete the ozone layer. The new regulation will bring about a change in the way
in which HCFC import quotas will be allocated. From 1 January 2001, the total available import quota will
importers in the same proportions as their market shares in 1996
be shared out between individual
(Article 4(3)(i)(h)). As a result, with effect from the end of this year, those companies which started
importing HCFCs after 1996 will be arbitrarily deprived of their quota. This could entail job losses across
the EU. It will result in unnecessary interference in the HCFC market and may be a breach of EC law.
Reliance on 1996 as the reference year will put jobs needlessly at risk and could result in claims against
the European Community for damages. The reference year should be the most recent year for which
market figures are available. Using 1999 as the reference year instead of 1996 would not result in any
diminution in the level of environmental protection afforded by the regulation.

I have been informed that, in 1999, 32 companies from almost every Member State of the European
Union were allocated import quotas by the European Commission. Only five of those companies imported
HCFCs in 1996. HRP Refrigerants Ltd (HRPR), a SMU based in South Wales, distributed EU-produced
HCFCs in 1996 but did not import any HCFCs that year. HRPR was allocated an import quota by the
European Commission in 1998, 1999 and 2000. As the new regulation is currently worded, HRPR is one
of some 27 companies which will be deprived of its HCFC import quota from the end of 2000.

What is the Commission doing to resolve this problem as a matter of urgency and to ensure that European
Community legislation enables the Commission to allocate HCFC import quotas in the future without
infringing the rights of EU-based businesses?

(1) OJ L 333, 22.12.1994, p. 1.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(9 June 2000)

The new proposed regulation on substances that deplete the ozone layer (1) that will replace the existing
Council Regulation (EC) No 3093/94 of 15 December 1994 (2) is aimed at strengthening existing measures
and putting in place additional measures for protecting the ozone layer. The Commission has always taken
the position that in meeting its environmental objectives with respect to the ozone layer, legislation for the
phase out of the production and use of controlled substances should aim at ensuring that negative
economic impacts on industry, in particular impacts on small and medium-size enterprises, are wherever
possible minimised.

On the specific question of the way in which hydrofluorocarbons (HCFC) quotas are allocated under the
the Commission(cid:146)s intention in its proposal for the new regulation was to agree a
new regulation,
mechanism for quota allocation that least disturbed the market. In this proposal the date proposed for
determining the HCFC quota was 1996 since this was the latest date for which there was data on
production and imports.

The implications of using 1996 as the base date for the allocation of the HCFC quota, particularly for
some small economic operators in the Community, was drawn to the attention of the Council, Parliament
and Commission. The Commission was ready to agree to a later base date than 1996 for the allocation of
the HCFC quota if Council and Parliament had agreed on this in the joint text of the regulation approved
by the conciliation committee.

C 103 E/16

Official Journal of the European Communities

EN

3.4.2001

The Commission has reserved its position on proposing an amendment to the new regulation in the event
of the base date for HCFC allocation remaining at 1996 in the final text of the regulation on substances
that deplete the ozone layer. Overall there appear to be reasons for proposing a new base date for HCFC
allocation through a proposal for an amendment to the new regulation on substances that deplete the
ozone layer.

(1) OJ C 83, 25.3.1999.
(2) OJ L 333, 22.12.1994.

(2001/C 103 E/016)

WRITTEN QUESTION E-1619/00

by Jan Mulder (ELDR) to the Commission

(29 May 2000)

Subject: Appropriations for lowering nitrate content

The Budget Authority reserved an appropriation of 220m euro in the year-2000 budget under
item B1-4050 (environmental operations in agriculture) for financing incentive measures to lower nitrate
content below the permitted upper limit.

To date, no appropriations have been committed or paid out for that purpose.

Can the Commission state why no action has hitherto been taken to implement

1.
Authority(cid:146)s express wish?

the Budget

Does the Commission consider it acceptable for the Budget Authority(cid:146)s express wish that these

2.
appropriations should be used to influence current developments in the Member States to be ignored?

3. What proposals will the Commission submit for ensuring that these appropriations can still be
committed and paid out for that purpose? By what deadline can such proposals be expected?

Answer given by Mr Fischler on behalf of the Commission

(13 July 2000)

As indicated by the Honourable Member, budget item B1-4050 is for part-financing of action by Member
States and regions encouraging farmers to apply agricultural production methods designed to protect the
environment and preserve the landscape. The terms of Articles 22 to 24 of Council Regulation (EC)
No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural
Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (1) and of
Articles 12 to 20 of Commission Regulation (EC) No 1750/1999 of 23 July 1999 laying down detailed
rules for the application of Regulation (EC) No 1257/1999 apply (2). Agri-environment measures are the
sole compulsory component of Member States(cid:146) rural development programmes but under the subsidiarity
principle informing the basic Regulations incentives to reduce nitrate levels further than required by law
need not be included in them. However, such incentives cannot then be provided.

1.
The Commission is at present examining the rural development programmes for 2000-2006 sent by
the Member States for approval. Once approval has been given, the chapter B1-40 appropriations will be
used to part-finance expenditure incurred on the various rural development measures. As no programme
has yet been approved no appropriations have yet been used.

2.
Examination of most of the programmes sent by Member States is very advanced. Some seventy of
them contain this type of measure. Member States have the option of launching, without awaiting
programme approval by the Commission, all operations leading to contracts with farmers for the
implementation of agri-environmental measures. They can even begin paying aid under such contracts