Opinion of the European Economic and Social Committee on the "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" (COM(2002) 642 final — 2002/0268 (COD))
Date: 2003-02-26
Institutions: European Economic and Social Committee
Subjects: air quality, chemical product, dangerous substance, export restriction, ozone, stratospheric pollutant

23.4.2003

EN

Official Journal of the European Union

C 95/27

Opinion of the European Economic and Social Committee on the ‘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’

(COM(2002) 642 final — 2002/0268 (COD))

(2003/C 95/08)

On 10 December 2003 the Council decided to consult the European Economic and Social Committee,
under Article 175 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 4 February 2003. The rapporteur
was Mr Braghin.

At its 397th plenary session on 26 and 27 February 2003 (meeting of 26 February), the European
Economic and Social Committee adopted the following opinion by 111 votes in favour and three
abstentions.

1.

Introduction

1.1.
Although the present proposal to amend Regulation
(EC) No 2037/2000 is of limited scope, it represents further
progress in Community moves to phase out substances
scientifically recognised as responsible for the reduction of the
ozone layer in the stratosphere and the ensuing increase in
ultraviolet radiation.

1.2.
Since the adoption in 1987 of the Montreal Protocol,
which laid down initial steps to control the production and
use of CFCs and halons, the EU has consistently been at the
forefront in efforts to phase out and/or replace all products
demonstrated by studies to be responsible for destroying the
ozone layer. The EESC has always given its political backing to
the Community strategy and has helped — occasionally by
means of critical comment — to pursue the priority objective
of maintaining a consistently high level of environmental
protection while acknowledging the need to safeguard Europe’s
productive fabric (1).

1.3.
The course taken by Community legislation, and the
way it has been applied in individual cases, have so far enabled
European industry to maintain its world competitiveness: the
progressive removal, often in anticipation, of potentially
hazardous substances has been matched by increased scientific
research and the ensuing use of alternative products, allowing
safeguards for production to be combined with a higher level
of environmental protection.

( 1) Opinions: in OJ C 49, 24.2.1992; in OJ C 287, 4.11.1992; in OJ
C 201, 26.7.1993; in OJ C 52, 19.2.1994; and NAT/002 — in OJ
C 40, 15.2.1999, pp. 34-37.

1.4.
The proposed amendments follow the path previously
laid down by the EU, which over the last ten years has
consistently led the field in terms of both legislative develop-
ments and implementation, mindful that lasting and sustain-
able growth requires not only a preventive approach to
product and manufacturing design, but also an understanding
of the effects around the world.

2. Summary of the Commission’s proposal

2.1.
In applying Regulation (EC) No 2037/2000, a number
of issues have emerged and have been discussed with the
Member States in the relevant management committee. The
proposed amendments are intended to resolve these issues
with a view to the effective and safe implementation of the
regulation.

2.2.
The first amendment, regarding the controlled substan-
ce halon, establishes timeframes for reducing the use of halons
for critical uses, where justified, when reviewing Annex VII.

The second amendment concerns the export of halon:
2.3.
from 1 January 2004 export would be allowed only for the
critical uses set out in Annex VII, the purpose being to ensure
that exports are carried out safely.

2.4.
The third amendment aims to stop the growing export
trade in used refrigeration and air-conditioning equipment to
developing countries, since these countries do not possess
adequate destruction facilities and the CFCs contained in the
equipment could ultimately leak into the atmosphere and
damage the ozone layer.

C 95/28

EN

Official Journal of the European Union

23.4.2003

2.4.1.
At the same time, other products containing insulat-
ing foam or integral skin foam produced with CFCs, present in
particular in second hand aircraft and vehicles, are to be
explicitly excluded from the prohibition under Article 11,
thereby clarifying the scope of the export ban.

The fourth amendment concerns bromochlorome-
2.5.
thane, the new substance currently referred to in Annex II. The
Commission proposes to insert it in Annex I, Group III, in
order to apply the same provisions as for other controlled
substances.

3. Comments on the content and outlook

The EESC supports the proposed amendments, which
3.1.
are consistent with the environmental objective of Regulation
(EC) No 2037/2000, and set out to provide practical solutions
for the safer and more effective achievement of this objective.

3.2.
In particular the EESC welcomes the approach regard-
ing exports, which are to be subject to specific authorisations
and strict controls. The purpose is to reduce the amount of
substances harmful
to the ozone layer released into the
atmosphere, including in countries outside the EU and which
are not signatories to the Montreal Protocol.

not only as part of the future proposal on integrated product
policy, but also as a separate aspect in its own right.

In the final version of the regulation, the discrepancy
3.4.
between the wording of Article 1(3)(c)
and that of
Article 1(4)(a) should be removed, since the texts they refer to
are worded identically.

The EESC’s view, put

forward in many previous
3.5.
opinions,
is that means should be sought to encourage
substitution and that finance should be available for detailed
scientific research programmes geared to alternative, non-
polluting products, so that the environmental ‘added value’ of
such products can be verified over a period of time.

The EESC welcomes the fact

3.5.1.
that the candidate
countries have already received proper support in applying
Regulation No 2037/2000, and that they have signed the
Montreal Protocol: these are preconditions for consistent and
uniform application in an enlarged EU.

In the light of the above, and of the new situation
3.6.
which will exist in 2004 regarding both the new export
arrangements from 1 January of that year and, even more
importantly, EU enlargement, the Committee wonders whether
the time has come for a thorough-going review leading to
a new regulation, rather than continuing with successive
amendments.

3.3.
The EESC is aware of the difficulties encountered in
disposing of foams containing CFCs, which are present in a
range of widely-used items other than refrigerators and
freezers, such as vehicles and aircraft, with the risk that critical
substances may be released into the atmosphere in the course
of final destruction. Although an adequate solution is not at
present available, it is hoped that this issue will be addressed

3.7.
The EESC would once again call upon the Commission
to pursue the basic objective of involving those countries
which have not signed the Montreal Protocol in this global
drive. The protocol is now achieving major results in a number
of developing countries, where work is already under way to
phase out the use of CFCs and replace them immediately with
more environmentally friendly technologies.

Brussels, 26 February 2003.

The President

of the European Economic and Social Committee

Roger BRIESCH