2007/386/EC: Commission Decision of 5 June 2007 determining the quantities of methyl bromide permitted to be used for critical uses in the Community from 1 January to 31 December 2007 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) 2295)
Date: 2007-06-05
Institutions: European Commission
Subjects: France, Italy, Netherlands, Poland, Spain, chemical salt, dangerous substance, quantitative restriction, stratospheric pollutant, tradeable emission permit

6.6.2007

EN

Official Journal of the European Union

L 143/27

COMMISSION DECISION

of 5 June 2007

determining the quantities of methyl bromide permitted to be used for critical uses in the
Community from 1 January to 31 December 2007 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) 2295)

(Only the Dutch, French, Italian, Polish and Spanish texts are authentic)

(2007/386/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,

(4)

Whereas:

(1)

(2)

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

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
would result
in a significant market disruption; and
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
of
the production and
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

The Commission received 40 proposals for critical uses
of methyl bromide from six Member States including
France (70 900 kg), Italy (640 000 kg), Poland (27 900
kg), Spain (322 840 kg), The Netherlands (120 kg) and
the United Kingdom (10 049 kg). A total of 1 071 809
kg was requested.

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
2007. The Commission in consultation with Member
States 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 521 836 kg of methyl bromide can be used in 2007
to satisfy critical uses in each of the Member States that
had requested the use of methyl bromide. This amount
to 2,7 % of 1991 consumption of methyl
equates
bromide in the European Community and indicates
that more than 97,3 % of
the methyl bromide has
been replaced by alternatives. The critical-use categories
are similar to those defined in Table A of Decision
XVIII/13 at the Eighteenth Meeting of the Parties to the
Montreal Protocol (3).

(5)

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
for
define
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;
Member States have put in place procedures to identify
fumigators within their territory that are permitted to use
methyl bromide for critical uses.

(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) UNEP/OzL.Pro.18/10: Report of

the
Parties to the Montreal Protocol on Substances that Deplete the
Ozone Layer, held 30 October-3 November 2006 in New Delhi.
www.unep.org/ozone/Meeting_Documents/mop/index.asp

the Eighteenth Meeting of

L 143/28

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Official Journal of the European Union

6.6.2007

(6)

(7)

(8)

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 31 605 kg of stocks are
available for critical uses.

from any of

the Parties.

is available

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). Therefore, in
addition to producers and importers, fumigators that are
registered by the Commission in 2007 would be allowed
to place methyl bromide on the market, and to use it for
critical uses, after 31 December 2006. A fumigator
typically requests an importer for both the importation
and supply of methyl bromide. Fumigators registered for
critical uses by the Commission in 2006 would be
permitted to carry over to 2007 any remaining methyl
bromide that had not been used in 2006 (referred to as
‘stocks’). The European Commission has put
in place
licensing procedures to deduct such stocks of methyl
bromide before
is
imported or produced to meet the licensed requests for
critical uses in 2007.

any additional methyl bromide

As critical uses of methyl bromide apply from 1 January
2007, 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

(9)

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,

HAS ADOPTED THIS DECISION:

Article 1

the French Republic,

The Kingdom of Spain,
the Italian
Republic, the Kingdom of the Netherlands and the Republic
of Poland shall be permitted to use a total of 521 836 kg of
methyl bromide for critical uses
from 1 January to 31
December 2007 for the specific quantities and categories of
use described in Annexes I to V.

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 shall apply from 1 January 2007 and shall expire
on 31 December 2007.

Article 4

This Decision is addressed to the Kingdom of Spain, the French
Republic, the Italian Republic, the Kingdom of the Netherlands
and the Republic of Poland.

Done at Brussels, 5 June 2007.

For the Commission

Stavros DIMAS
Member of the Commission

6.6.2007

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Official Journal of the European Union

L 143/29

ANNEX I

The Kingdom of Spain

Categories of permitted critical uses

Strawberry runners (Grown at high elevations)

Cut-flowers (Andalucia and Catalonia)

Strawberry fruit (research only)

Pepper (research only)

Kg

217 000

35 000

50

70

Total

252 120

Stocks of methyl bromide available for critical uses in the Member State = 18 090 kg

ANNEX II

The French Republic

Categories of permitted critical uses

Cut-flowers: Ranunculus, Anemone, Paeonia and Lily of the Valley open-field

Carrots

Strawberry runners

Forest nursery

Seeds

Chestnuts

kg

9 600

1 400

25 000

1 500

96

1 800

39 396

Total

Stocks of methyl bromide available for critical uses in the Member State = 392 kg

L 143/30

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Official Journal of the European Union

6.6.2007

ANNEX III

The Italian Republic

Categories of permitted critical uses

Tomato (protected)

Pepper (protected)

Strawberry runners

Cutflower

Mills

Kg

80 000

50 000

35 000

20 000

18 000

Total

203 000

Stocks of methyl bromide available for critical uses in the Member State = 12 893 kg

ANNEX IV

The Kingdom of the Netherlands

Categories of permitted critical uses

Postharvest disinfestation of strawberry runners

kg

120

120

Total

Stocks of methyl bromide available for this critical use in the Member State = 25 kg

ANNEX V

The Republic of Poland

Categories of permitted critical uses

Medicinal herbs and dried mushrooms as dry commodities

Strawberry runners

Cocoa and coffee beans

Kg

1 500

24 500

1 200

27 200

Total

Stocks of methyl bromide available for critical uses in the Member State = 205 kg