2005/625/EC: Commission Decision of 23 August 2005 determining the quantities of methyl bromide permitted to be used for critical uses in the European Community from 1 January to 31 December 2005 pursuant to Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer (notified under document number C(2005) 468)
Date: 2005-08-23
Institutions: European Commission
Subjects: EU Member State, chemical product, dangerous substance, production quota, stratospheric pollutant

24.8.2005

EN

Official Journal of the European Union

L 219/47

COMMISSION DECISION

of 23 August 2005

determining the quantities of methyl bromide permitted to be used for critical uses in the European
Community from 1 January to 31 December 2005 pursuant to Regulation (EC) No 2037/2000 of the
European Parliament and of the Council on substances that deplete the ozone layer

(notified under document number C(2005) 468)

(Only the Dutch, English, French, German, Greek, Italian, Polish, Portuguese and Spanish texts are authentic)

(2005/625/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 2037/2000 of
the
European Parliament and of the Council of 29 June 2000 on
substances that deplete the ozone layer (1), and in particular
Article 3(2)(ii) thereof,

Whereas:

(1)

(2)

among others,

Articles 3(2)(i)(d) and 4(2)(i)(d) of Regulation (EC) No
2037/2000 prohibit the production and import respec-
tively of methyl bromide for all uses after 31 December
2004 except,
in
accordance with Article 3(2)(ii) and the criteria set out
in Decision IX/6 of the Parties to the Montreal Protocol.
Exemptions for critical uses are intended to be limited
derogations to allow a short period of
time for the
adoption of alternatives.

critical uses

for

the nomination. Furthermore,

Decision IX/6 states that methyl bromide should qualify
as ‘critical’ only if the applicant determines that the lack
of availability of methyl bromide for that specific use
in a significant market disruption; and
would result
that there are no technically and economically feasible
alternatives or substitutes available to the user that are
acceptable from the standpoint of environment and
health and are suitable to the crops and circumstances
the production and
of
if any, of methyl bromide for critical
consumption,
technically and
uses should be permitted only if all
economically
to
taken
steps
feasible
minimise the critical use and any associated emission
of methyl bromide. An applicant should also demon-
strate that an appropriate effort
is being made to
evaluate, commercialise and secure national regulatory
approval of
and that
research programmes are in place to develop and
deploy alternatives and substitutes.

and substitutes;

alternatives

been

have

(1) OJ L 244, 29.9.2000, p. 1. Regulation as

(EC) No 2077/2004 (OJ

last amended by
L 359,

Commission Regulation
4.12.2004, p. 28).

The Commission received 84 proposals for critical uses
of methyl bromide from 10 Member States including
Belgium (60 825 kg), France (467 135 kg), Germany
(45 250 kg), Greece (227 280 kg), Italy (2 298 225 kg),
(130 000 kg), Spain
Poland (44 100 kg), Portugal
(1 059 000 kg),
(120 kg) and the
United Kingdom (140 408 kg). A total of 4 472 343
kg was requested, comprising 4 111 640 kg (92 %) for
pre-harvest uses and 360 703 kg (8 %) for post-harvest
uses of methyl bromide.

the Netherlands

(4)

(5)

The Commission applied the criteria contained within
Decision IX/6 and Article 3(2)(ii) of Regulation (EC) No
2037/2000 in order to determine the amount of methyl
bromide that is eligible to be licensed for critical uses in
2005. The Commission found that adequate alternatives
were available in the Community and had become more
prevalent in many Parties to the Montreal Protocol in the
period since the critical use proposals were compiled by
Member States. As a result, the Commission determined
that 2 777 333 kg of methyl bromide can be used in
2005 to satisfy critical uses in each of these Member
to 14,4 % of 1991
equates
amount
States. This
consumption of methyl bromide
in the European
Community and indicates that more than 85 % of the
methyl bromide has been replaced by alternatives. The
critical-use categories are similar to those defined in
Annex II Table A of the reports of the First Extraordinary
Meeting of the Parties to the Montreal Protocol (2), and in
Table 1A of Decision XVI/2 at the Sixteenth Meeting of
the Parties to the Montreal Protocol (3).

Article 3(2)(ii) of Regulation (EC) No 2037/2000 requires
the Commission to also determine which users may take
advantage of the critical use exemption. As Article 17(2)
of Regulation (EC) No 2037/2000 requires Member
States to define the minimum qualification requirements
involved in the application of methyl
for personnel
bromide, and as
the
fumigation is
Commission determined that methyl bromide fumigators
are the only users proposed by the Member State and
authorised by the Commission to use methyl bromide for
critical uses. Fumigators are qualified to apply it safely,

the only use,

(2) UNEP/OzL.Pro.ExMP/1/3. First Extraordinary Meeting of the Parties
to the Montreal Protocol, held 24-26 March 2004 in Montreal,
Canada. www.unep.org/ozone/Meeting_Documents/mop/index.asp
(3) UNEP/OzL.Pro.16/Dec XVI/2. Sixteenth Meeting of the Parties to the
Montreal Protocol, held 22-26 November 2004 in Prague, Czech
Republic. www.unep.org/ozone

L 219/48

EN

Official Journal of the European Union

24.8.2005

rather than for example farmers or mill owners that are
generally not qualified to apply methyl bromide but who
own properties on which it will be applied.

Decision IX/6 states that production and consumption of
methyl bromide for critical uses should be permitted only
if methyl bromide is not available from existing stocks of
banked or recycled methyl bromide. Article 3(2)(ii) of
Regulation (EC) No 2037/2000 states that production
and importation of methyl bromide shall be allowed
only if no recycled or reclaimed methyl bromide is
available from any of the Parties.
In accordance with
Decision IX/6 and Article 3(2)(ii) of Regulation (EC) No
2037/2000, the Commission determined that 205 926
critical uses. The
kg of
for
are
European Commission has put
licensing
in place
procedures to ensure stocks are used before methyl
bromide is authorised for importation or production.

available

stocks

As critical uses of methyl bromide apply from 1 January
2005, and for the purpose of ensuring that interested
from the
companies
this present
licensing system,
decision shall apply from that date.

and operators may

is appropriate that

benefit

it

the Kingdom of The Netherlands,

the
the Italian Republic,
Republic of Poland, the Portuguese Republic and the United
Kingdom of Great Britain and Northern Ireland shall be
permitted to use a total of 2 777 333 kg of methyl bromide
for critical uses from 1 January to 31 December 2005 for the
specific quantities and categories of use described in Annexes I
to X.

Article 2

Stocks declared available for critical uses by the competent
authority of each Member State shall be deducted from the
amount that can be imported or produced to satisfy critical
uses in that Member State.

Article 3

This Decision is addressed to the Kingdom of Belgium, the
Federal Republic of Germany,
the
Kingdom of Spain, the French Republic, the Italian Republic,
Kingdom of
the
Portuguese Republic and the United Kingdom of Great Britain
and Northern Ireland.

the Republic of Poland,

the Hellenic Republic,

the Netherlands,

The measures provided for
in this Decision are in
accordance with the opinion of the Committee estab-
lished by Article 18 of Regulation (EC) No 2037/2000,

This Decision shall apply from 1 January 2005 and shall expire
on 31 December 2005.

Article 4

(6)

(7)

(8)

HAS ADOPTED THIS DECISION:

Done at Brussels, 23 August 2005.

Article 1

The Kingdom of Belgium, the Federal Republic of Germany, the
Hellenic Republic, the Kingdom of Spain, the French Republic,

For the Commission

Stavros DIMAS
Member of the Commission

24.8.2005

EN

Official Journal of the European Union

L 219/49

ANNEX I

KINGDOM OF BELGIUM

Categories of permitted critical uses

Greenhouse soil-bound lettuce cultivation

Endive cultivation

Greenhouse soil-bound tomato cultivation

Greenhouse soil-bound pepper and eggplant cultivation

Greenhouse soil-bound cucumber cultivation

Open-field white asparagus cultivation

Strawberry runner cultivation

Berryfruit (all except strawberry, replant)

Open-field, soil-bound leek and onion seeding fields only

Cut-flowers protected (except rose and chrysanthemum)

Protected, cut-flower chrysanthemum cultivation

Open-field, soil-bound nursery stock cultivation

Open-field, soil-bound tree nursery

Flour mills (17 mills)

Immovable antique structures and furniture (Axel Vervoort; Gemeentebestuur Bonheiden)

Old buildings (classified monuments and private houses)

Structures and objects (churches, houses, food processing structures) excluding moveable objects

Old buildings (ancient objects, roof structures and fixed furniture in historical constructions —
Prohygiena enterprise)

Woodworking premises (six premises)

Food processing premises (21 facilities)

Mills (25 mills)

Flour mill (Bloemmolens Diksmuide)

Food storage (dry), structure (17 facilities)

Sensitive electronic equipment

Empty silos (owned by 37 enterprises)

Food processing premises (one mill — Molens Vandenbempt)

Churches, monuments and ships’ quarters (Bugbusters)

Kg

23 000

2 190

4 846

3 000

549

225

2 306

1 350

660

2 794

896

630

230

4 264

199

438

307

282

101

300

200

72

120

50

43

15

59

Stocks of methyl bromide available for critical uses in the Member State = 2 848 kg.

Total

49 126

L 219/50

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Official Journal of the European Union

24.8.2005

ANNEX II

FRENCH REPUBLIC

Categories of permitted critical uses

Tomato and eggplant (protected and open field)

Cucumber (protected and open field)

Specialist sandy-soil carrots (grown in Brittany, harvested by hand and susceptible to Fusarium solani
and Rhizoctonia violacea)

Strawberry runners

Strawberry fruit produced for the Perigord label

Ranunculus, anemone, paeonia and lily-of-the-valley open-field

Replant in apple, pear, peach, nectarine, apricot, plum and raspberry

Forest tree nursery — Douglas fir trees for truffle production

Orchard nursery

Seeds sold by PLAN-SPG company

Mills

Rice end-of-line rapid disinfestation

Chestnuts

Kg

33 250

21 140

8 000

37 600

34 000

21 785

10 000

2 000

2 000

135

21 440

1 400

2 000

Stocks of methyl bromide available for critical uses in the Member State = 14 280 kg.

Total

194 750

ANNEX III

FEDERAL REPUBLIC OF GERMANY

Categories of permitted critical uses

Food processing structures, especially mills, with fumigation sites larger than 10 000 m3

Artefacts (Disinfestation of Serpula lacrimans dry-rot fungus in churches)

Stocks of methyl bromide available for critical uses in the Member State = 7 000 kg.

Kg

19 350

250

Total

19 600

24.8.2005

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Official Journal of the European Union

L 219/51

ANNEX IV

HELLENIC REPUBLIC

Categories of permitted critical uses

Tomato (protected)

Cucumber (protected including tunnels added after treatment, permanent glasshouses and
open-ended polyhouses)

Carnation, rose and gypsophila cut-flowers (open-field and protected)

Mills, food processing structures, processors

Raisin and dried figs

Stocks of methyl bromide available for critical uses in the Member State = 0 kg.

ANNEX V

ITALIAN REPUBLIC

Categories of permitted critical uses

Tomato (protected)

Cut-flowers (protected)

Strawberry fruit (protected)

Melon (protected)

Pepper (protected)

Eggplant (protected)

Strawberry runners

Mills and processors

Museum artefacts

Stocks of methyl bromide available for critical uses in the Member State = 167 474 kg.

Kg

92 000

24 000

8 000

16 000

3 081

Total

143 081

Kg

671 000

162 000

130 000

112 000

111 000

96 000

78 000

89 600

4 180

Total

1 453 780

L 219/52

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Official Journal of the European Union

24.8.2005

ANNEX VI

REPUBLIC OF POLAND

Categories of permitted critical uses

Medicinal herbs and dried mushrooms as dry commodities

Strawberry runners

Stocks of methyl bromide available for critical uses in the Member State = 210 kg.

ANNEX VII

PORTUGUESE REPUBLIC

Categories of permitted critical uses

Cut-flowers (protected and open-field)

Stocks of methyl bromide available for this critical use in the Member State = 0 kg.

ANNEX VIII

KINGDOM OF SPAIN

Categories of permitted critical uses

Strawberry runners (in Castilla y León)

Strawberry fruit (protected, in Huelva)

Peppers (protected, in Murcia and south of Comunidad Valenciana)

Cut-flowers (protected, in Cadiz and Sevilla)

Cut-flowers in Cataluña

Stocks of methyl bromide available for critical uses in the Member State = 8 309 kg.

Kg

3 500

34 600

Total

38 100

Kg

35 000

Total

35 000

Kg

230 000

330 000

150 000

47 700

18 000

Total

775 700

24.8.2005

EN

Official Journal of the European Union

L 219/53

ANNEX IX

KINGDOM OF THE NETHERLANDS

Categories of permitted critical uses

Post-harvest disinfestation of strawberry runners

Stocks of methyl bromide available for this critical use in the Member State = 250 kg.

Kg

120

120

Total

ANNEX X

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

Categories of permitted critical uses

Strawberry fruit and raspberry (open field)

Ornamental tree production for control of Verticillium wilt

Mills (46); and wheat, maize and rice buildings operated by Quaker Oats, Kelloggs,
Weetabix Ltd, Ryecroft and EOM

Dried commodities (nuts, dried fruit, rice, beans, cereal grains, edible seeds) for Whitworths Ltd

Mill, associated biscuit food processing, finished product and storage areas operated by
Ryvita Company Ltd (Dorset)

Structures — facilities and equipment, processing and storage operated by Whitworths Ltd

Structures — spices building operated by Newly Weds Foods Ltd

Processing plants operated by Warehouse and Spice Grinding Facility (Pataks Foods Ltd)

Processing plants associated with herbs and spices operated by British Pepper and Spice Ltd,
Lion Foods, and East Anglian Food Ingredients

Specialised cheese stores

Occasionally-infested spice products (including pappadams) processed by McCormick (UK) Ltd,
British Pepper and Spice Ltd, East Anglian Food Ingredients and Pataks Foods Ltd

Kg

35 700

5 000

18 326

1 571

1 787

880

1 125

1 000

1 080

1 561

46

Total

68 076

Stocks of methyl bromide available for critical uses in the Member State = 6 554 kg.