2007/129/EC: Commission Decision of 16 February 2007 Determining the quantities of methyl bromide permitted to be used for critical uses in Greece from 1 June to 31 December 2006 under 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(2007) 448)
Date: 2007-02-16
Institutions: European Commission
Subjects: Greece, chemical product, dangerous substance, import restriction, production quota, stratospheric pollutant, tradeable emission permit

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Official Journal of the European Union

23.2.2007

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 16 February 2007

Determining the quantities of methyl bromide permitted to be used for critical uses in Greece from
1 June to 31 December 2006 under 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(2007) 448)

(Only the Greek text is authentic)

(2007/129/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;

been taken

alternatives

have

(1)

the production,

and 4(2)(i)(d) of Regulation (EC)
Articles 3(2)(i)(d)
No 2037/2000 prohibit
import 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 Council
Regulation (EC) No 1791/2006, (OJ L 363, 20.12.2006, p. 1).
(2) Other uses are for quarantine and pre-shipment, as feedstock and for

laboratory and analytical uses.

(3)

(4)

On 18 January 2006, the Commission received a request
from Greece for critical uses of methyl bromide that
totalled 113 081 kg for
the period 1 January to
31 December 2006.

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 in Greece
for critical uses in 2006. The Commission found that
adequate alternatives were available in some circum-
stances and that 46 771 kg of methyl bromide could

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Official Journal of the European Union

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be used in 2006 to satisfy critical uses in Greece. The
critical use categories are similar to those defined for
Greece in Table A of Decision XVII/9 agreed at
the
Seventeenth Meeting of
the Parties to the Montreal
Protocol (1).

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 Member States 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
are
permitted to use methyl bromide for critical uses.

fumigators within their

territory

that

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

(5)

(6)

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
after
it
market,
31 December 2005. A fumigator typically requests an
importer
importation and supply of
methyl bromide.

for both the

critical

uses,

and

use

for

to

(7)

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 in place licensing procedures to deduct such
stocks of methyl bromide before any additional methyl

(1) UNEP/OzL.Pro.17/11. Report of

the
Parties to the Montreal Protocol on Substances that Deplete the
Ozone Layer, held from 12 to 16 December 2005 in Dakar,
Senegal. www.unep.org/ozone/Meeting_Documents/mop/index.asp

the Seventeenth Meeting of

bromide is imported or produced to meet the licensed
requests for critical uses in 2006. 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)
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, Article 3(2)(ii) and information provided
to the Commission by Greece, stocks of methyl bromide
are not available in Greece for critical uses.

states

(8)

The Commission approved in Commission Decision
2006/350/EC (2) a quantity of 1 607 587 kg of methyl
bromide for critical uses in eight Member States for the
period 1 January to 31 December 2006, based on appli-
cations received from those Member States in July 2005.
The quantity of methyl bromide approved for Greece in
this Decision takes
into consideration the quantity
necessary to satisfy critical uses for the period 1 June
to 31 December 2006.

(9)

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,

HAS ADOPTED THIS DECISION:

Article 1

The Republic of Greece shall be permitted to use a total of
46 771 kg of methyl bromide for critical uses from 1 June to
31 December 2006 for the specific quantities and categories of
use described in the Annex.

Article 2

Stocks declared available for critical uses by Greece after 1 June
2006 shall be deducted from the amount that can be imported
or produced to satisfy critical uses in that Member State.

Article 3

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

(2) OJ L 130, 18.5.2006, p. 29.

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Official Journal of the European Union

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This Decision is addressed to the Hellenic Republic.

Article 4

Done at Brussels, 16 February 2007.

For the Commission

Stavros DIMAS
Member of the Commission

ANNEX

The Hellenic Republic

Categories of permitted critical uses

Kg

Dried fruit (raisins and figs)

Flour mills and food processing companies

Rice and legumes

Tomatoes and cucumbers (protected)

1 347

8 000

924

36 500

46 771

TOTAL

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