2006/350/EC: Commission Decision of  28 April 2006  determining the quantities of methyl bromide permitted to be used for critical uses in the Community from  1 January  to  31 December 2006  under Regulation (EC) No 2037/2000 on substances that deplete the ozone layer  (notified under document number C(2006) 1244)
Date: 2006-04-28
Institutions: European Commission
Subjects: EU Member State, chemical product, dangerous substance, production quota, stratospheric pollutant

18.5.2006

EN

Official Journal of the European Union

L 130/29

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 28 April 2006

determining the quantities of methyl bromide permitted to be used for critical uses in the
Community from 1 January to 31 December 2006 under Regulation (EC) No 2037/2000 on
substances that deplete the ozone layer

(notified under document number C(2006) 1244)

(Only the Dutch, English, French, Italian, Polish, Portuguese and Spanish text is authentic)

(2006/350/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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:

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
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;

been taken

alternatives

have

(1)

the

import

production,

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

together with any other

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

last amended by
Commission Regulation (EC) No 29/2006 (OJ L 6, 11.1.2006,
p. 27).

(2) Other uses are for quarantine and pre-shipment, as feedstock and for

laboratory and analytical uses.

(3)

The Commission received 79 proposals for critical uses
of methyl bromide from nine Member States including
Belgium (44 070 kg), France (259 097 kg), Germany
Italy (1 333 225 kg),
(19 450 kg),
Ireland (1 250 kg),
Poland (45 900 kg), Portugal
(50 000 kg), Spain
(986 000 kg), the Netherlands (120 kg) and the United
Kingdom (139 285 kg). A total of 2 878 397 kg was
requested, comprising 2 690 275 kg (94 %)
for pre-
for post-harvest
harvest uses and 188 140 kg (6 %)
uses
subsequently
informed the Commission that it had withdrawn all of
its proposals as alternatives were now available.

bromide. Germany

of methyl

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Official Journal of the European Union

18.5.2006

(4)

(5)

(6)

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
2006. 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 1 607 587 kg of methyl bromide can be used in
2006 to satisfy critical uses in each of the Member States
that had requested the use of methyl bromide. This
to 8,4 % of 1991 consumption of
amount equates
methyl bromide
in the European Community and
indicates that more than 91,6 % of the methyl bromide
has been replaced by alternatives. The critical-use cate-
gories are similar to those defined in Section IIB in
Decision XVI/2 (1) and in Table A of Decision XVII/9
the Parties to the Montreal
at
Protocol (2).

the 17th Meeting of

involved in the

the minimum qualification requirements

Article 3(2)(ii) requires the Commission to also determine
which users may take advantage of
the critical use
exemption. As Article 17(2) requires Member States to
define
for
application of methyl
personnel
bromide and, as
the
the only use,
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,
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. In addition,
Member States have put in place procedures to identify
fumigators within their territory that are permitted to use
methyl bromide for critical uses.

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) states
that production and importation of methyl bromide shall
be allowed only if no recycled or reclaimed methyl
bromide
In
accordance with Decision IX/6 and Article 3(2)(ii), the
Commission determined that 50 047 kg of stocks are
available for critical uses.

from any of

the Parties.

is available

(8)

(9)

by undertakings other than producers and importers shall
be prohibited after 31 December 2005. Article 4(4) states
that Article 4(2) shall not apply to the placing on the
market and use of controlled substances if they are used
to meet the licensed requests for critical uses of those
users identified as laid down in Article 3(2).

it

for both the

Therefore, in addition to producers and importers, fumi-
gators that are registered by the Commission in 2006
would be allowed to place methyl bromide on the
critical uses, after 31
for
market, and to use
December 2005. A fumigator
typically requests an
importer
importation and supply of
methyl bromide. Fumigators registered for critical uses
by the Commission in 2005 would be permitted to
carry over to 2006 any remaining methyl bromide that
had not been used in 2005 (referred to as stocks). The
European Commission has put
licensing
procedures to deduct such stocks of methyl bromide
before any additional methyl bromide is imported or
produced to meet the licensed requests for critical uses
in 2006.

in place

Three uses of methyl bromide in this Decision are cate-
gorised as ‘biocidal’ uses for which additional restrictions
apply. Commission Regulation (EC) No 2032/2003 (3)
records methyl bromide as a biocidal substance that
cannot be placed on the market after 1 September
2006. The Commission may authorise a Member State
to use methyl bromide after this date provided the
compliance with the
Member
criteria for an ‘essential use’ under Article 4a of Regu-
lation (EC) No 2032/2003. The quantities of methyl
bromide for biocidal uses for which an ‘essential use’
(EC) No
to
authorisation
2032/2003 is required for any uses after 1 September
2006 are shown in Annexes I,
this
Decision.

IV and VIII of

demonstrates

Regulation

pursuant

State

As critical uses of methyl bromide apply from 1 January
2006, and for the purpose of ensuring that interested
from the
companies
licensing system,
this present
decision shall apply from that date.

and operators may

is appropriate that

benefit

it

(7)

Article 4(2)(ii) states that, subject to Article 4(4), the
placing on the market and the use of methyl bromide

(1) UNEP/OzL.Pro.16/17. Report of the 16th Meeting of the Parties to
the Montreal Protocol on Substances that Deplete the Ozone Layer,
held 22 to 26 November 2004 in Prague, Czech Republic.
www.unep.org/ozone/Meeting_Documents/mop/index.asp

(2) UNEP/OzL.Pro.17/11. Report of the 17th Meeting of the Parties to
the Montreal Protocol on Substances that Deplete the Ozone Layer,
held 12 to 16 December 2005 in Dakar, Senegal.
www.unep.org/ozone/Meeting_Documents/mop/index.asp

(10)

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

(3) OJ L 307, 24.11.2003, p. 1. Regulation as amended by Regulation

(EC) No 1048/2005 (OJ L 178, 9.7.2005, p. 1).

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Official Journal of the European Union

L 130/31

HAS ADOPTED THIS DECISION:

Article 1

Ireland,

the Italian Republic,

The Kingdom of Belgium, the Kingdom of Spain, the French
Republic,
the
Netherlands, the Republic of Poland and the United Kingdom
of Great Britain and Northern Ireland shall be permitted to use
a total of 1 607 587 kg of methyl bromide for critical uses
from 1 January to 31 December 2006 for the specific quantities
and categories of use described in Annexes I to VIII.

the Kingdom of

Article 2

The Kingdom of Belgium, the Italian Republic and the United
Kingdom of Great Britain and Northern Ireland shall not be
permitted to use methyl bromide for biocidal uses from 1
September to 31 December 2006 unless an ‘essential use’
IV
authorisation for the specific uses shown in Annexes I,
and VIII
is granted to the relevant Member State following
the procedures described in Article 4a of Regulation (EC) No
2032/2003.

Article 3

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 4

This Decision shall apply from 1 January 2006 and shall expire
on 31 December 2006.

Article 5

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

the Kingdom of

the Netherlands,

Ireland,

Done at Brussels, 28 April 2006.

For the Commission

Stavros DIMAS
Member of the Commission

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Official Journal of the European Union

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ANNEX I

The Kingdom of Belgium

Categories of permitted critical uses

Flour mills (17 mills)

Artefacts (Musea/SGS) (*)

(in kg)

2 752

307

3 059

Total

(*) Methyl bromide cannot be used from 1 September to 31 December 2006 unless an essential use authorisation is granted to Belgium

for this biocidal use under Article 4a of Regulation (EC) No 2032/2003.

Stocks of methyl bromide available for critical uses in the Member State = 479 kg.

ANNEX II

The Kingdom of Spain

Categories of permitted critical uses

Strawberry runners (grown at high elevations)

Strawberry fruit (Huelva, protected)

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

Cut flowers (Cataluña, carnation, protected and open field)

Cut flowers (protected, in Cadiz and Sevilla)

Rice (post-harvest)

(in kg)

230 000

180 000

50 000

15 000

39 000

36 000

Total

550 000

Stocks of methyl bromide available for critical uses in the Member State = 41 797 kg.

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ANNEX III

The French Republic

Categories of permitted critical uses

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

Cut flowers: ranunculus, anemone, paeonia and lily of the valley open-field

Strawberry runners

Forest nursery

Orchard replant

Nursery: orchard, raspberry

Mills

Chestnuts

Seeds sold by PLAN-SPG company

(in kg)

5 000

12 000

35 000

1 500

7 500

2 000

8 000

1 800

121

Stocks of methyl bromide available for critical uses in the Member State = 973 kg.

Total

72 921

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ANNEX IV

The Italian Republic

Categories of permitted critical uses

Tomato (protected)

Pepper (protected)

Melon (protected)

Eggplant (protected)

Strawberry fruit (protected)

Strawberry runners

Cut flowers (protected)

Mills and processors

Artefacts (*)

(in kg)

495 000

73 000

38 000

40 000

75 000

60 000

74 000

55 000

5 000

(*) Methyl bromide cannot be used from 1 September to 31 December 2006 unless an essential use authorisation is granted to Italy for

this biocidal use under Article 4a of Regulation (EC) No 2032/2003.

Total

915 000

Stocks of methyl bromide available for critical uses in the Member State = 95 136 kg.

ANNEX V

Ireland

Categories of permitted critical uses

Flour mills

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

(in kg)

Total

888

888

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ANNEX VI

The Kingdom of the Netherlands

Categories of permitted critical uses

Postharvest disinfestations of strawberry runners

Total

120

120

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

ANNEX VII

The Republic of Poland

Categories of permitted critical uses

Medicinal herbs and dried mushrooms as dry commodities

Strawberry runners

Cocoa and coffee

2 700

28 000

1 836

32 536

Total

Stocks of methyl bromide available for critical uses in the Member State = 915,3 kg.

(in kg)

(in kg)

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ANNEX VIII

The United Kingdom of Great Britain and Northern Ireland

(in kg)

Categories of permitted critical uses

Strawberry fruit (protected and open field)

Ornamental tree production for control of Verticillium wilt

Raspberry

Flour and rice mills

Wheat, maize and rice buildings operated by Quaker Oats, Kelloggs, Weetabix Ltd, Ryecroft
and EOM

Processing plants operated by Warehouse and Spice Grinding Facility (Pataks Foods Ltd); and
processing plants associated with herbs and spices operated by British Pepper and Spice Ltd,
Lion Foods, and East Anglian Food Ingredients

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

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

Specialised cheese stores (*)

Total

10 000

2 500

1 500

7 900

6 098

1 591

900

839

450

37

1 248

33 063

(*) Methyl bromide cannot be used from 1 September to 31 December 2006 unless an essential use authorisation is granted to the United

Kingdom for this biocidal use under Article 4a of Regulation (EC) No 2032/2003.

Stocks of methyl bromide available for critical uses in the Member State = 5 227 kg.