2007/139/EC: Commission Decision of 26 February 2007 authorising a temporary exemption from Articles 4(3) and 5(1) of Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer, as regards the use and placing on the market of HCFC-225cb for the manufacture of fluoropolymers (notified under document number C(2007) 556)
Date: 2007-02-26
Institutions: European Commission
Subjects: United Kingdom, chemical product, dangerous substance, derogation from EU law, production quota, stratospheric pollution

28.2.2007

EN

Official Journal of the European Union

L 61/47

COMMISSION

COMMISSION DECISION

of 26 February 2007

authorising a temporary exemption from Articles 4(3) and 5(1) of Regulation (EC) No 2037/2000 of
the European Parliament and of the Council on substances that deplete the ozone layer, as regards
the use and placing on the market of HCFC-225cb for the manufacture of fluoropolymers

(notified under document number C(2007) 556)

(Only the English text is authentic)

(2007/139/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 5(7) thereof,

Whereas:

(1)

(2)

(3)

(4)

Under Regulation (EC) No 2037/2000 the use and the
placing on the market of hydrochlorofluorocarbons
(HCFCs) is prohibited.

A competent authority of the United Kingdom requested
on 14 February 2006, an exemption, until 31 December
2010, under Article 5(7) of regulation No 2037/2000 on
behalf of AGC Chemicals Europe, Ltd.

resin Ethylene-tetrafluoroethylene

AGC Chemicals Europe, Ltd (ASAHI) is a supplier of the
fluorinated
(ETFE),
which is used as insulating material for electrical wiring
and as a raw material in the production of films ASAHI's
committed and extensive research to identify a non-
ozone depleting alternative to HCFC-225cb has shown
good progress. Methanol
is suggested as on alternative
research and devel-
but
opment before it can replace the use of HCFC-225cb.
The current process recycles the HCFC-225cb and the
HCFC-225cb left over is being recovered. Leakages in
the atmosphere are strictly minimised.

the process requires further

The Commission has thoroughly examined the technical
and economic aspects of
fluoro-
polymers for the purposes described by ASAHI and
established that no technical and economically feasible
at present
alternative

the manufacture of

substance or

technology

is

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

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

available and that the temporary use of HCFC-225cb
remains
application.
this
Therefore, a temporary exemption to use and to place
on the market of HCFC-225cb should be authorised.

particular

essential

for

the

the

expiry

before

to implement
of

In its request for an exemption, ASAHI suggested an
alternative and committed itself
that
exemption.
alternative
Provision should therefore be made for the competent
authority to submit a report on the results in applying
the relevant alternative. The obligation of
the United
Kingdom to monitor
implementation and an
that
automatic termination of the exemption in case of a
full
should be
that
foreseen.

implementation of

alternative

Article 16 of Regulation (EC) No 2037/2000 requires
recovery of the ozone depleting substances. Under this
Article, HCFC-225cb which would be left over in the
process at the end of its use, shall be recovered from
the installation consistent with Article 16. It should not
be placed on the EC market and therefore returned to its
producer at that time as foreseen by ASAHI.

(5)

(6)

(7)

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

By way of derogation from Articles 4(3) and 5(1) of Regulation
(EC) No 2037/2000,
the United Kingdom is authorised to
allow, until 31 December 2010, the use and placing on the
market by AGC Chemicals Europe, Ltd.
(ASAHI), of HCFC-
225cb as a chain transfer agent and co-solvent in the manu-
facture of Ethylene-tetrafluoroethylene resin.

L 61/48

EN

Official Journal of the European Union

28.2.2007

The quantity of HCFC-225cb authorised shall not exceed 2.1
ODP-tonnes.

Article 2

No later than 30 June 2008, the United Kingdom shall report
to the Commission as regards the availability and readiness for
use of the alternative substance proposed by ASAHI. In the light
of this report, the Commission will consider shortening the
period referred to in Article 1 for the use and placing on the
market of HCFC-225cb.

Article 3

The United Kingdom shall ensure that, on expiry of
the
exemption, ASAHI recovers all HCFC-225cb left over in the
process.

Article 4

This Decision is addressed to the United Kingdom of Great
Britain and Northern Ireland.

Done at Brussels, 26 February 2007.

If that alternative substance is used as a substitute for HCFC-
225cb before 31 December 2010, the exemption authorised in
Article 1 shall cease to apply with effect from the date on which
that alternative substance is so used.

For the Commission

Stavros DIMAS
Member of the Commission