Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 2037/2000 as regards the critical uses and export of halons, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane
Date: 2002-11-21
Institutions: European Commission
Subjects: air quality, chemical product, dangerous substance, export restriction, ozone, stratospheric pollutant

25.2.2003

EN

Official Journal of the European Union

C 45 E/297

Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EC) No 2037/2000 as regards the critical uses and export of halons, the export of products and
equipment containing chlorofluorocarbons and controls on bromochloromethane

(2003/C 45 E/33)

(Text with EEA relevance)

COM(2002) 642 final — 2002/0268(COD)

(Submitted by the Commission on 21 November 2002)

EXPLANATORY MEMORANDUM

1.

In applying Regulation (EC) No 2037/2000 of the European Parliament and of the Council on
Substances that Deplete the Ozone Layer, a number of
issues have emerged that need to be
addressed through amendments to this Regulation. These issues relating to the effective and safe
implementation of the Regulation have been discussed with the Member States in the Management
Committee of the Regulation (EC) No 2037/2000 and most recognise that there is a need for these
amendments to Regulation (EC) No 2037/2000. This proposal concerns four amendments to Regu-
lation (EC) No 2037/2000.

2. The first issue concerns the controlled substance, halon. Under Article 4(4)(iv) of Regulation (EC) No
2037/2000 the Commission has to review each year the critical uses of halons listed in Annex VII of
this Regulation. However, the Regulation does not provide in the context of these reviews for the
establishment of timeframes for eventual phasing out of these critical uses in the light of the identi-
fication and use of adequate alternatives. The proposed amendment in Article 1 of this proposal
establishes timeframes for reducing the use of halons for critical uses, where justified, when
reviewing Annex VII. This will ensure that progress is made in reducing the scope of the use of
halons for critical uses and thereby accelerating the improvement in the ozone layer.

3. The second issue concerns the export of halon. Regulation (EC) No 2037/2000 allows halon to be
installed in fire fighting sytems in the European Community until 31 December 2003. From 1 January
2004, only installations listed in Annex VII which are deemed ‘critical’ will be permitted to continue to
use halon. Critical uses are those for which no technically and economically feasible alternative to
halon exists. Any equipment containing halon that is not listed in Annex VII is deemed non-critical. All
non-critical installations of halon must be decommissioned by 31 December 2003. Decommissioned
halon can be stored for critical uses, exported for critical uses or destroyed. In regard to exports,
Article 11(1)(d) of (EC) No 2037/2000 permits exports of products and equipment containing halon,
provided they are exported to any country outside the European Community for the specific critical
uses listed in Annex VII. Small cylinders of halon are part of the fire-fighting ‘equipment’ originally
installed in a building. With the final date for decommissioning approaching, there is now a significant
amount of halon becoming available with potential for export in these small cylinders. However, the
industry has commented that such equipment is not approved for transport in many countries and
significant movement of these small cylinders is considered unsafe. The proposed change to the
regulation is not only consistent with the intent of the regulation of allowing halon to be exported
for critical uses under Annex VII but also with its intent of allowing exports to be carried out safely. In
addition, there is a real likelihood that, given that this bulk halon has little or no value, a considerable
part of it could be vented in decommissioning. Exports of halon for critical uses listed in Annex VII
would have value which would be an incentive for its recovery rather than venting it. Furthermore, it
could be a substitute for the production of halon in developing countries. The Commission would be
able to track whether halon exports were being used for critical uses in the importing country since
halon, as a controlled substance, would require an Export Authorisation Number thus facilitating the
task of the Commission in enforcement. Overall, this amendment would result in reduced production
of halons globally, promotion of safe practices for the transport of halons for critical uses, mandatory
monitoring of exports, confirmation that halons were being exported for critical uses, and so
contribute to the recovery of the ozone layer.

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4. The third issue concerns the export of controlled substances or products containing controlled
substances. Article 11 of Regulation (EC) No 2037/2000 prohibits the export of controlled substances
or products containing controlled substances. This ban will encourage the recovery and destruction of
such controlled substances according to the provisions of Article 16 of Regulation (EC) No 2037/2000.
The major focus of Article 11 is to stop the growing export trade in used refrigeration and air-condi-
tioning equipment, in particular domestic refrigerators and freezers, containing CFCs to developing
countries. Even if the CFCs are taken out of the compressors in such equipment before export there is
still about twice as much CFC contained in the rigid insulating foam in these products. In the absence
of destruction facilities in developing countries this CFC will ultimately leak to the atmosphere and
cause damage to the ozone layer. In addition developing countries are now starting to phase out CFCs
and many have indicated that they do not wish to be recipients of second hand products and
equipment that contain CFCs.

5. However, as currently drafted Article 11 applies not

to refrigeration and air-conditioning
equipment but to all products and equipment containing insulating foam or integral skin foam
which was produced with CFCs. This could mean for instance that second hand aircraft and
vehicles containing rigid insulating foam or integral skin foam blown with CFCs could not be
exported from the EC. Since it was the intention of Regulation (EC) No 2037/2000 to restrict only
the export of used refrigeration and air-conditioning equipment containing CFCs and not other
products and equipment containing foam blown with CFCs an appropriate amendment is required.

just

6. The fourth issue concerns the provisions on new substances as set out in Article 22 and Annex II of
Regulation (EC) No 2037/2000. As currently drafted Regulation (EC) No 2037/2000 does not provide
the same level of control to the new substance listed in Annex II — bromochloromethane — as is
applied to other controlled substances and thereby the European Community is not fully meeting all its
obligations under the Montreal Protocol. In order to redress this situation, it is necessary that the
provisions applying to controlled substances also applies to the new substance — bromoch-
loromethane.

7. The proposed amendments to Regulation (EC) No 2037/2000 are fully in line with the environmental
objective of the Regulation, safeguarding the ozone layer, while at the same time ensuring that the
legal provisions of the regulation are clarified and amended where necessary.

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,

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

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Under Article 4(4)(iv) of Regulation (EC) No 2037/2000 of
the European Parliament and of the Council of substances
that deplete the ozone layer (1)
the Commission shall
review each year
the critical uses of halons listed in
the Regulation
this Regulation. However,
Annex VII of
does not provide in the context of these reviews for the

(1) OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 2039/2000 (OJ L 244, 29.9.2000, p. 26).

In order

establishment of timeframes for eventual phasing out of
these critical uses in the light of the identification and
to ensure that
use of adequate alternatives.
progress is made in reducing the scope of
the use of
for critical uses and thereby accelerating the
halons
in the ozone layer, provision should be
improvement
in accordance with the
made
the Commission,
provisions of Article 18(2)
agreed
establishing
for
procedures, to establish timeframes for reducing the use
of halons
justified, when
critical uses, where
reviewing Annex VII.

for

for

(2) The export of products and equipment containing halon to
satisfy critical uses listed in Annex VII is allowed under
Regulation (EC) No 2037/2000 of the European Parliament
and of the Council of substances that deplete the ozone
the export of recycled halon in bulk is not
layer but
allowed. Currently,
the regulation permits exports of
small cylinders of halon for critical uses as these are
considered as part of the fire-fighting equipment originally
installed in a building. Such cylinders are not approved for
transport in many countries and significant movement of
these cylinders is considered unsafe. Given the phase-out of
halon in the European Community, the export of recovered
and recycled halon for critical uses should be allowed in

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the
order to promote the environmental objectives of
European Community with respect to the ozone layer, in
particular through the avoidance of
the production of
halon in developing countries, ensuring safe practices for
the transport of halons for critical uses, mandatory moni-
toring of exports and confirmation that halons were being
exported for critical uses.

refrigerators

and freezers,

(3) Regulation (EC) No 2037/2000 and in particular, Article
11 is intended to put a stop to the growing export trade in
old and used refrigeration and air-conditioning equipment,
in particular domestic
to
developing countries. Even if the CFCs are taken out of
the compressors before export there is still about twice
as much CFC contained in the insulating foam in these
products.
in
developing countries
the CFC in these products will
ultimately leak to the atmosphere and cause damage to
In addition developing countries are
the ozone layer.
now starting to phase out CFCs and many have indicated
that they do not wish to be recipients of second hand
products and equipment that contain CFCs.

In the absence of destruction facilities

(4) However, as currently drafted Article 11 applies not just to
refrigeration and air-conditioning equipment but
to all
products and equipment containing insulating foam or
integral skin foam which was produced with CFCs. This
could mean for instance that used aircraft and vehicles
containing rigid insulating foam or integral skin foam
blown with CFCs could not be exported from the EC. It
was the intention of the Regulation to restrict only the
refrigeration and air-conditioning equipment
export of
containing CFCs
stands aircraft
containing CFCs in the foam insulation could not be
exported. The refitting of such used aircraft would be
very costly and not economically attractive given their
age. There are other goods such as ships or rail transport
wagons that would also be prohibited. In those circum-
stances it is necessary to amend Article 11 to have legal
clarity.

foam. As

in the

it

(5) The provisions on new substances as set out in Article 22
and Annex II of Regulation (EC) No 2037/2000 do not
provide the same level of control as is applied to controlled
substances. In order to allow the Community to fully meet
its obligations in respect of bromochloromethane under the
Montreal Protocol the provisions applying to controlled
substances should also apply to bromochloromethane.

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2037/2000 is amended as follows:

1. In the fourth indent of Article 2, the word ‘bromochlorome-

thane’ is added after ‘hydrobromofluorocarbons’.

2. In Article 3(1) the following point (g) is added:

‘(g) bromochloromethane’

3. Article 4 is amended as follows:

(a)

In paragraph 1 the following point (g) is added:

‘(g) bromochloromethane’

(b) In the last sentence of paragraph 4(iv) the words ‘and
is added

where appropriate timeframes for phase-out’
after ‘modifications’.

(c)

In paragraph 6,
added after ‘hydrobromofluorocarbons’.

the word ‘bromochloromethane’

is

4. Article 11(1) is amended as follows:

(a)

are

in the first sentence the words ‘and bromochlorome-
‘hydrobromofluorocarbons’
thane’
and the word ‘and’ after
is
‘1,1,1-trichloroethane’
deleted.

inserted after

(b) In point

(d),
beginning of the sentence.

the word ‘halons,’

is inserted at

the

(c) The following point (g) is added:

‘(g) Products and equipment, other than refrigeration
and air-conditioning equipment, that contain rigid
insulating foam or integral skin foam which have
been produced with chlorofluorocarbons’

5. In Annex I, Group III, in the column headed ‘Substance’ the
(halon 1011 bromochloromethane)’ are
column headed ‘Ozone-depleting

words ‘CH2BrCl
inserted and in the
potential’ the number ‘0,12’ is inserted.

6. In Annex II the word ‘bromochloromethane’ is deleted.

Article 2

(6) Regulation (EC) No 2037/2000 should therefore be

amended accordingly,

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