2007/540/EC: Commission Decision of 30 July 2007 amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to the use of halon 2402 in Bulgaria (notified under document number C(2007) 3594)
Date: 2007-07-30
Institutions: European Commission
Subjects: Bulgaria, chemical product, dangerous substance, derogation from EU law, environmental protection, fire protection, production quota, stratospheric pollutant

31.7.2007

EN

Official Journal of the European Union

L 198/35

COMMISSION DECISION

of 30 July 2007

amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with
regard to the use of halon 2402 in Bulgaria

(notified under document number C(2007) 3594)

(2007/540/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 4(4)(iv) thereof,

Whereas:

(1)

(2)

(3)

(4)

The Commission has, during the course of the review
provided for in Article 4(4)(iv) of Regulation (EC) No
2037/2000, and after consultation with Member States,
come to the following findings with regard to the use of
halon 2402.

The production of halon 2402 in developed countries
ceased on 1 January 1994 in accordance with obligations
under the Montreal Protocol on Substances that Deplete
the Ozone Layer. Since that
time, any halon 2402
required shall be obtained from specialised storage
facilities which have
stored halon that has been
replaced by alternatives.

Halon 2402 is still used in some applications in Bulgaria
for
fire and explosion suppression in military land
vehicles, naval vessels and in aircraft. Romania has
reported it has no uses of halon 2402.

The replacement of halon fire fighting equipment with
alternative fire protection agents needs to take into
account the availability of technically and economically
feasible alternatives or technologies that are acceptable
from the point of view of environment and health.
Refit activities to install equipment that does not rely
on halon for fire and explosion protection in military
applications needs to be scheduled in a way that avoids
unacceptably compromising the defense capability of the
Member States. Special budgetary consideration and a
period of time to convert to an alternative are often

needed to adapt alternative fire protection agents to
perform safely and effectively. At this point in time, no
technically and economically feasible alternatives exist for
such applications.

Article 4(4)(v) of Regulation (EC) No 2037/2000 requires
halon installed in equipment that is not listed as a critical
use in Annex VII to have been decommissioned by 31
December 2003 and the halon to be recovered in
accordance with Article 16.
In order to qualify for a
critical use exemption that would allow the continued
use of halon 2402 in Bulgaria that acceded to the
European Union on 1 January 2007, Annex VII to Regu-
lation (EC) No 2037/2000 should be amended to allow
this fire extinguishing agent to be used for specific appli-
cations.

Regulation (EC) No 2037/2000 should therefore be
amended accordingly.

The measures provided in this Decision are in accordance
with the opinion of the Committee established by Article
18(1) of Regulation (EC) No 2037/2000,

(5)

(6)

(7)

HAS ADOPTED THIS DECISION:

Article 1

Annex VII to Regulation (EC) No 2037/2000 is amended as set
out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 30 July 2007.

For the Commission

Stavros DIMAS
Member of the Commission

(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).

L 198/36

EN

Official Journal of the European Union

31.7.2007

ANNEX

In Annex VII to Regulation (EC) No 2037/2000 the following is added:

‘Use of halon 2402 only in Bulgaria:
— in aircraft for the protection of crew compartments, engine nacelles, cargo bays and dry bays, and fuel tank

inerting,

— in military land vehicles and naval vessels for the protection of spaces occupied by personnel and engine

compartments.’