2008/320/EC: Commission Decision of 25 March 2008 determining the quantities of methyl bromide permitted to be used for critical uses in the Community from 1 January to 31 December 2008 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(2008) 1053)
Date: 2008-03-25
Institutions: European Commission
Subjects: Poland, Spain, chemical product, dangerous substance, derogation from EU law, pollution control, stratospheric pollutant

L 109/32

EN

Official Journal of the European Union

19.4.2008

COMMISSION

COMMISSION DECISION

of 25 March 2008

determining the quantities of methyl bromide permitted to be used for critical uses in the
Community from 1 January to 31 December 2008 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(2008) 1053)

(Only the Polish and Spanish texts are authentic)

(2008/320/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 3(2)(ii) thereof,

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 with
the criteria set out in Decision IX/6 of the Parties to the
relevant
Montreal Protocol,
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

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

have

the nomination. Furthermore,

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

(3)

(4)

The Commission received six proposals for critical uses
of methyl bromide from two Member States totalling
245 146 kg,
from Poland (12 995 kg) and Spain
(232 151 kg).

i.e.

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
2008. The Commission in consultation with Member
States found that adequate alternatives were available in
in
the Community and had become more prevalent
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 212 671 kg of methyl bromide can be used in
2008 to satisfy critical uses in each of
the Member
States that had requested the use of methyl bromide.
This amount equates to 1,1 % of 1991 consumption of
in the European Community and
methyl bromide
indicates that more than 98,9 % of the methyl bromide
has been replaced by alternatives. The critical-use cate-
gories are in line with to those defined in Table A of
Decision XIX/9 at the Nineteenth Meeting of the Parties
to the Montreal Protocol (3).

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

last amended by
Commission Decision 2007/540/EC (OJ L 198, 31.7.2007, p. 35).
(2) Other uses are for quarantine and pre-shipment, as feedstock and for

laboratory and analytical uses.

(3) UNEP/OzL.Pro.19/7: Report of the Nineteenth Meeting of the Parties
to the Montreal Protocol on Substances that Deplete the Ozone
Layer, held on 17 to 21 September 2007 in Montreal:
http://ozone.unep.org/Meeting_Documents/mop/index.shtml

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Official Journal of the European Union

L 109/33

(5)

(6)

(7)

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

(8)

(9)

produced to meet the licensed requests for critical uses
in 2008.

As critical uses of methyl bromide apply from 1 January
2008, 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

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,

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 6 296,744 kg of stocks
were available for critical uses.

from any of

the Parties.

is available

HAS ADOPTED THIS DECISION:

Article 1

The Kingdom of Spain and the Republic of Poland shall be
permitted to use a total of 212 671 kg of methyl bromide
for critical uses from 1 January to 31 December 2008 for the
specific quantities and categories of use described in Annexes
1-2.

Article 2

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).

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 2008 and shall expire
on 31 December 2008.

to

for

use

and

uses,

critical

for both the

Therefore, in addition to producers and importers, fumi-
gators that are registered by the Commission in 2008
would be authorised to place methyl bromide on the
after
it
market,
31 December 2007. A fumigator typically requests an
importer
importation and supply of
methyl bromide. Fumigators registered for critical uses
by the Commission in 2007 would be permitted to
carry over to 2008 any remaining methyl bromide that
had not been used in 2007 (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

in place

Article 4

This Decision is addressed to the Kingdom of Spain and the
Republic of Poland.

Done at Brussels, 25 March 2008.

For the Commission

Stavros DIMAS
Member of the Commission

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ANNEX I

THE KINGDOM OF SPAIN

Categories of permitted critical uses

Strawberry runners (Grown at high elevations)

Cut-flowers (research only)

Strawberry fruit and pepper (research only)

Kg

200 000

25

151

Total

200 176

Stocks of methyl bromide available for critical uses in the Member State = 6 288,12 kg.

ANNEX II

THE REPUBLIC OF POLAND

Categories of permitted critical uses

Strawberry runners

Coffee beans

kg

11 995

500

12 495

Total

Stocks of methyl bromide available for critical uses in the Member State = 8,624 kg.