Notice to users of controlled substances in the european union allowed for essential uses in the community in 2004 under regulation (ec) No 2037/2000 of the european parliament and of the council on «substances that deplete the ozone layer» — restricted to countries acceding to the European Union on 1 May 2004
Date: 2004-05-11
Institutions: European Commission
Subjects: accession to the European Union, chemical product, dangerous substance, stratospheric pollutant, type of business

C 133/12

EN

Official Journal of the European Union

11.5.2004

Notice to users of controlled substances in the european union allowed for essential uses in the
community in 2004 under regulation (ec) No 2037/2000 of the european parliament and of the
council on ‘substances that deplete the ozone layer’ (1) — restricted to countries acceding to the
European Union on 1 May 2004

(2004/C 133/04)

This Notice concerns the following substances:

— Chlorofluorocarbons (CFCs) 11, 12, 113, 114 and 115,

— Other fully halogenated chlorofluorocarbons,

— Carbon tetrachloride,

— Halons,

— 1,1,1 trichloroethane,

— Hydrobromofluorocarbons (HBFCs)

— Bromochloromethane

This notice is addressed to users that intend to:

1. Use the above substances within the Community for the

manufacture of Metered Dose Inhalers (MDIs),

2. Acquire the above substances for laboratory and analytical
uses directly from a producer or by import into the Com-
munity and not from a distributor of the substances.

Controlled substances for essential uses may be obtained from
production within the Community and, if necessary, by import
from sources outside the Community.

Decision IV/25 of the Parties to the Montreal Protocol on
Substances that Deplete the Ozone Layer sets out criteria and a
procedure for determining ‘essential uses’ for which continued
production and consumption is allowed after phase-out.

Article 3(1) of Regulation (EC) 2037/2000, as amended in
Regulation (EC)2038/2000, requires the determination of quan-
tities for essential uses of
the above-mentioned controlled
substances which may be permitted in the Community in
2004, in accordance with Decision IV/25 of the Parties to the
Montreal Protocol

Decision XIV/14 of
the Parties to the Montreal Protocol
authorised the levels of production and consumption necessary
to satisfy essential uses of CFCs for metered dose inhalers
(MDIs) for the treatment of asthma and chronic obstructive
pulmonary diseases. For the production of MDIs in the Euro-
pean Community in 2004, the quantity of CFCs 11, 12, 113
and 114 authorised by the Parties in Decision XIV/14 is
1,884,000.00 kilograms (one million eight hundred and eighty
four thousand).

In accordance with Decision X/19 of the Parties to the Montreal
Protocol, the purity of controlled substances for laboratory
purposes should be at least 99.0 % for 1,1,1-trichloroethane
and 99.5 % for CFCs and carbon tetrachloride. These high

(1) OJ No L 244 of 29.09.2000, p. 1 as last amended by Regulation

(EC) 1804/2003, OJEC No L 265 of 16.10.2003, p. 1

substances

containing

and mixtures

purity
controlled
substances shall be supplied only in re-closable containers or
high pressure cylinders smaller than three litres or in 10 milli-
litre or smaller glass ampoules, marked clearly as substances
that deplete the ozone layer, restricted to laboratory use and
analytical purposes and specifying that used or
surplus
substances should be collected and recycled, if practical. The
material should be destroyed if recycling is not practical.

the Parties

to the Montreal Protocol
Decision XV/8 of
authorises the production and consumption necessary to satisfy
essential uses of controlled substances listed in Annexes A, B
and C (Group II and III substances) of the Montreal Protocol for
laboratory and analytical uses as listed in Annex IV to the
report of the Seventh Meeting of the Parties, subject to the
conditions set out in Annex II to the report of the Sixth
Meeting of the Parties.

for

The procedures
controlled
substances for the above essential uses carried out under Regu-
lation (EC) No 2037/2000 and Regulation (EC) No 2038/2000
is the following:

quantities of

allocating

1. An enterprise that has not been issued with a quota in 2003
and that requests consideration by the Commission for an
essential use quota for the period 1 May 2004 to 31
December 2004 should make itself known to the Commis-
sion no later than 15 May 2004:

Ozone Layer Protection
European Commission
Directorate-General Environment
Unit ENV.C.2 – Climate change
BU5 2/25
B - 1049 Brussels
Fax: +32 2 299 87 64
Email: env-ods@cec.eu.int

2. Essential use applications may be made by any user of
substances listed at the beginning of this Notice. For CFCs
for use in MDIs, each applicant should provide the informa-
tion requested on the spreadsheet available on the ODS
website http://europa.eu.int/comm/environment/ods/home/
home.cfm. For Laboratory Uses, each applicant
should
provide the information requested in the form on the
website.

A copy of the application should also be sent to the compe-
tent authority of the Member State (refer to Annex I for
appropriate address).

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Official Journal of the European Union

C 133/13

3. Only applications received by 15 May 2004 will be considered by the Commission in accordance with

the procedure set out in Article 18 of Regulation (EC) No 2037/2000.

4. The Commission will issue quotas to those users and shall notify them of the use for which they have
authorisation, the substance they are authorised to use and the quantity of the controlled substances
concerned.

5. Following the above procedure, the Commission on the basis of a Decision will notify applicants of the
quantities of controlled substances authorised in the Community for 2004 for which production and
importation of controlled substances will be permitted.

6. Those users holding an essential use quota for a controlled substance for 2004 will be able to make a
request to a Community producer via the ODS website or, if necessary, request an import licence from
the Commission for a controlled substance up to their quota limit. The producer must be authorised by
the competent authority of the Member State in which its relevant production is situated to produce
the controlled substance for meeting that licensed demand. The competent authority of the Member
State shall notify the Commission well in advance of any such authorisation.

C 133/14

EN

Official Journal of the European Union

11.5.2004

ALLEGATO / ANEXO / ANEXO / ANNEX / ANNEXE / ANHANG / BIJLAGE / BILAG / BILAGA / LIITE / PARA-
RTHMA / LISA / PRIEDAS / PIELIKUMS / ANNESS / ZAŁĄCZNIK / PRÍLOHA / PŘÍLOHA / IMELLÉKLET / PRILOGA

CYPRUS

Dr. Charalambos Hajipakkos
Environment Service
Ministry of Agriculture, Natural Resources and Environment
Nicosia
Cyprus

ESTONIA

Ms Valentina Laius
Ministry of the Environment of the Republic of Estonia
Environemnt Management and Technology Department.
Toompuiestee 24
Tallin 15172 - Estonia

HUNGARY

Mr Robert Toth
PO Box 351
Ministry of Environment and Water
Department for Air Pollution and Noise Control
H-1394 Budapest - Hungary

LATVIA

Mr Armands Plate
Ministry of Environment
Environmental Protection Department
Peldu Iela25
Riga LV-1494 - Latvia

LITHUANIA

Ms Marija Teriosina
Ministry of Environment
Chemicals Management Division
Jaksto str. 4/9
LT-2600 Vilnius

MALTA

Ms Charmaine Vassallo
Malta Environment and Planning Authority
Environment Protection Directorate
Pollution Control, Wastes and Minerals
C/o Quality Control Laboratory
Industrial Estate Kordin
PAOLA

POLAND

Mr Janusz Kozakiewicz
Industrial Chemistry Research Institute
8, Rydygiera Street
PL 01-793 Warsaw

SLOVAKIA

Mr Lubomir Ziak
Ministry of the Environment
Air Protection Department
Nam. L. Stura 1 – 812 35 Bratislava
Slovekia

SLOVENIA

Ms Irena Malesic
Ministry of the Environment
Spacial Planning and Energy
Environmental Agency of the Republic of Slovenia
Vojkova 1b
SI-1000 Ljubljana

THE CZECH REPUBLIC

Mr Jiri Dobiasovsky
Ministry of the Environment of the CR
Air protection dpt
Vrsovicka 65
CZ 100 10 Prague 10