Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane
Date: 2003-09-22
Institutions: Council of the European Union, European Parliament
Subjects: chemical product, dangerous substance, marketing restriction, marketing standard, stratospheric pollutant, stratospheric pollution

16.10.2003

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

REGULATION (EC) No 1804/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 22 September 2003

amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses,
the export of products and equipment containing chlorofluorocarbons and controls on bromo-
chloromethane

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Following consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

In applying Regulation (EC) No 2037/2000 of
the
European Parliament and of the Council of 29 June
2000 on substances that deplete the ozone layer (4), a
issues have emerged that need to be
number of
addressed through amendments
to that Regulation.
These issues that relate to the effective and safe imple-
mentation of that Regulation have been discussed with
the Member States in the Management Committee under
that Regulation. This Regulation concerns four amend-
ments to Regulation (EC) No 2037/2000.

(2)

Under Article 4(4)(iv) of Regulation (EC) No 2037/2000,
the Commission is mandated to review each year the
critical uses of halon listed in Annex VII to that Regula-
tion. However, that Regulation does not provide, in the

(1) OJ C 45 E, 25.2.2003, p. 297.
(2) OJ C 95, 23.4.2003, p. 27.
(3) Opinion of

the European Parliament of 5 June 2003 (not yet
published in the Official Journal) and Decision of the Council of 26
June 2003.

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

sion Decision 2003/160/EC (OJ L 65, 8.3.2003, p. 29).

context of these reviews, for the establishment of time-
frames for the eventual phasing out of these critical uses
in the light of the identification and use of adequate
alternatives. The first amendment
to that Regulation
provides for the possibility of establishing time-frames
for reducing the use of halon for critical uses, taking into
account the availability of technically and economically
feasible alternatives or technologies that are acceptable
from the standpoint of environment and health, when
reviewing Annex VII to that Regulation. This should
ensure that progress is made in reducing the quantity of
halon for critical uses and thereby accelerate recovery of
the ozone layer.

The second amendment concerns exports of halon for
the critical uses listed in Annex VII to Regulation (EC)
No 2037/2000. From 1 January 2004, that Regulation
will permit only halon used for the purposes listed in its
Annex VII to remain installed for firefighting in the
European Community. These uses are deemed ‘critical’ as
they currently have no technically and economically
feasible alternatives. Any equipment containing halon
that is not listed in Annex VII is therefore deemed non-
critical. All non-critical installations of halon should be
decommissioned by 31 December 2003. Decommis-
sioned halon should be allowed to be stored for critical
uses, exported from critical use storage or destroyed.

Article 11(1)(d) of Regulation (EC) No 2037/2000
permits exports of ‘products and equipment containing
halon, to satisfy critical uses listed in Annex VII’. That
Article should be amended to allow bulk halon for
export for critical uses until 31 December 2009 as long
as it is obtained from recovered, recycled and reclaimed
halon that originates from storage facilities authorised or
operated by the competent authority. A review of
exports of bulk halon should be called for with a view
to banning exports earlier than 31 December 2009, if
appropriate. Exports of halon for critical uses should be
prohibited after 31 December 2003 if the halon is not
from facilities authorised or operated by the competent
authority to store halon for critical uses.

(3)

(4)

(5)

(6)

(7)

(8)

(9)

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The Commission should be responsible for authorising
exports for halon exported in products and equipment
for critical uses. The Commission should only authorise
these exports once the competent authority of the rele-
vant Member State has verified that the exports are for
one or more of the specific critical uses listed in Annex
VII to Regulation (EC) No 2037/2000. In addition, the
exporter should be required to report actual exports at
the end of the year.

(10)

this situation, it is necessary that the provisions applying
to controlled substances are also applied to bromo-
chloromethane.

further protecting the ozone

The amendments to Regulation (EC) No 2037/2000 are
fully in line with its environmental objectives, which
include
layer where
possible, reducing global production of ozone depleting
substances
the
transport of ODS, ensuring mandatory monitoring of
any exports, and providing legal clarification where
necessary,

(ODS), promoting safe practices

for

Member States should report annually on controlled
substances including halon that are recovered, recycled,
reclaimed or destroyed. Currently, Regulation (EC) No
2037/2000 mandates reporting by 31 December 2001
rather than annually, whereas annual reports will be
important in the future for determining progress, espe-
cially as regards the destruction of halon that is surplus
to the critical use requirements.

export of

The third amendment concerns the export of controlled
substances or products containing controlled substances.
The
controlled substances or products
containing controlled substances should be prohibited.
This ban will encourage the recovery and destruction of
such controlled substances in accordance with Article 16
of Regulation (EC) No 2037/2000. The major focus is to
stop the growing export trade in used refrigeration and
air-conditioning
in particular domestic
refrigerators,
freezers and building insulation foam,
containing CFCs, to developing countries. In the absence
of destruction facilities in developing countries, CFCs
will ultimately leak into 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.

equipment,

Regulation (EC) No 2037/2000 applies not only to
refrigeration and air-conditioning equipment but also to
all products and equipment containing insulating foam
or integral skin foam which were 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 European Community. Since it was the intention of
that Regulation to ban the export of used refrigeration
and air-conditioning equipment containing CFCs, and
not other products and equipment containing foam
blown with CFCs, it is appropriate to amend that Regu-
lation to exclude off-target products containing CFCs.

The fourth amendment concerns the provisions on new
substances as set out in Article 22 and Annex II to Regu-
lation (EC) No 2037/2000. That Regulation does not
provide the same level of control for the new substance
indicated in Annex II, bromochloromethane, as
is
applied to other controlled substances and thereby the
European Community is not fully meeting all its obliga-
tions under the Montreal Protocol. In order to redress

HAVE ADOPTED THIS REGULATION:

Article 1

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

1.

in Article 1, the first paragraph shall be replaced by the
following:

‘This Regulation shall apply to the production,
importa-
tion, exportation, placing on the market, use, recovery,
recycling and reclamation and destruction of chlorofluoro-
fully halogenated chlorofluorocarbons,
carbons, other
halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl
bromide, hydrobromofluorocarbons, hydrochlorofluorocar-
bons and bromochloromethane, to the reporting of infor-
mation on these substances and to the importation, expor-
tation, placing on the market and use of products and
equipment containing those substances.’;

2. Article 2 shall be amended as follows:

(a) the fourth indent shall be replaced by the following:

‘— “controlled substances” means

and

bromide,

chlorofluorocar-
bons, other fully halogenated chlorofluorocarbons,
halons, carbon tetrachloride, 1,1,1-trichloroethane,
hydrobromofluorocarbons,
methyl
hydrochlorofluorocarbons
bromochloro-
methane, 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 trans-
portation or storage of that substance, or insignifi-
cant quantities of any controlled substance, origi-
nating from inadvertent or coincidental produc-
tion during
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,’;

a manufacturing process,

(b) the following indent shall be inserted after the eleventh

indent:

‘— “bromochloromethane” means

the

controlled

substance indicated in Group IX of Annex I’;

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3. the following point shall be added to Article 3(1):

6. Article 11(1) shall be amended as follows:

‘(g) bromochloromethane’;

4. Article 4 shall be amended as follows:

(a) the following point shall be added to paragraph 1:

‘(g) bromochloromethane’;

(b) in paragraph 4, point (iv) shall be replaced by the

following:

‘(iv) 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
the measures taken to
used for critical uses,
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
and, where appropriate, time-frames for phase-
out, taking into account the availability of both
technically and economically feasible alternatives
technologies that are acceptable from the
or
standpoint of environment and health, in accor-
dance with the procedure referred to in Article
18(2).’;

(c) paragraph 6 shall be replaced by the following:

‘6.
The importation and placing on the market of
products and equipment containing chlorofluorocar-
fully halogenated chlorofluorocarbons,
bons, other
halons,
carbon tetrachloride, 1,1,1-trichloroethane,
hydrobromofluorocarbons and bromochloromethane
shall be prohibited, with the exception of products and
equipment
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.’;

for which the use of

the

5. Article 6(1) shall be replaced by the following:

The release for free circulation in the Community or
‘1.
inward processing of controlled 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, V and IX as listed in
Annex I shall not be imported for inward processing.’;

(a) the introductory part of the first subparagraph shall be

replaced by the following:

Exports from the Community of chlorofluorocar-
‘1.
fully halogenated chlorofluorocarbons,
bons, other
halons,
carbon tetrachloride, 1,1,1-trichloroethane,
hydrobromofluorocarbons and bromochloromethane
or products and equipment, other
than personal
effects, containing those substances or whose conti-
nuing function relies on supply of those substances
shall be prohibited. This prohibition shall not apply to
exports of:’;

(b) point (d) shall be replaced by the following:

‘(d) recovered, recycled and reclaimed halon stored for
critical uses in facilities authorised or operated by
the competent authority to satisfy critical uses
listed in Annex VII until 31 December 2009, and
products and equipment containing halon to
satisfy critical uses listed in Annex VII. By 1
January 2005, the Commission shall undertake a
review of exports of such recovered, recycled and
in accor-
reclaimed halon for critical uses and,
dance with the procedure referred to in Article
18(2), shall
to
prohibit such exports earlier than 31 December
2009;’;

take a decision,

if appropriate,

(c) the following point shall be added:

‘(g) used products and equipment that contain rigid
insulating foam or integral skin foam which have
been produced with chlorofluorocarbons. This
exemption does not apply to:

— refrigeration and air-conditioning equipment

and products;

— refrigeration and air-conditioning equipment
and products which contain chlorofluorocar-
bons used as refrigerants, or whose continuing
function relies on the supply of chlorofluoro-
carbons used as refrigerants,
in other equip-
ment and products;

— building insulation foam and products.’;

7. the following paragraph shall be added to Article 11:

‘4.
From 31 December 2003, exports from the Commu-
nity of halon for critical uses not from storage facilities
authorised or operated by the competent authority to store
halon for critical uses shall be prohibited.’;

8. Article 12(1) shall be replaced by the following:

of

Exports

‘1.
controlled
from the Community
substances shall be subject to authorisation. Such export
authorisation shall be issued by the Commission to under-
takings for the period 1 January to 31 December 2001
and for each 12-month period thereafter after verification
of compliance with Article 11. Provisions governing the
export authorisation of halon as a controlled substance are
set out in paragraph 4. The Commission shall forward a
copy of each export authorisation to the competent
authority of the Member State concerned.’;

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9. the following paragraph shall be added to Article 12:

11. Article 19 shall be amended as follows:

‘4.
Exports from the Community of halon, and products
and equipment containing halon, to satisfy critical uses
listed in Annex VII shall be subject to authorisation for the
period 1 January to 31 December 2004 and each 12-
month period thereafter. Such export authorisation shall
be issued by the Commission to the exporter after verifica-
tion of compliance with Article 11(1)(d) by the competent
authority of the Member State concerned. An application
for an export authorisation shall record:

— the name and address of the exporter,

— a commercial description of the export,

— the total quantity of halon,

— the

country/countries of

final destination of

the

products and equipment,

— a declaration that the halon is to be exported for a

specific critical use listed in Annex VII,

— any further

information deemed necessary by the

competent authority.’;

10. Article 16(6) shall be replaced by the following:

‘6. Member States shall report to the Commission by 31
December 2001, and for each 12-month period thereafter,
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.’;

(a) the following paragraph shall be added:

‘(4a)
Every year before 31 March, the exporter shall
communicate to the Commission, sending a copy of
the data to the competent authority of the Member
State concerned, the records provided by each appli-
cant in accordance with Article 12(4), in respect of the
period 1 January to 31 December of the preceding
year.’;

(b) paragraph 6 shall be replaced by the following:

The Commission may,

‘6.
in accordance with the
procedure referred to in Article 18(2), 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.’;

12.

in Annex I the following words shall be added after Group
VIII:
In the column headed ‘Group’ the words ‘Group IX’ are
inserted,
the words
in the column headed ‘Substance’
‘CH2BrC1 (halon 1011 bromochloromethane)’ are inserted
and in the column headed ‘Ozone-depleting potential’ the
number ‘0,12’ is inserted;

13. Annex II shall be deleted.

Article 2

into force on the 20th day
This Regulation shall enter
following its publication in the Official Journal of the European
Union.

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

Done at Brussels, 22 September 2003.

For the European Parliament

The President

P. COX

For the Council

The President

R. BUTTIGLIONE