CELEX: 51992PC0106
Language: en
Date: 1992-03-20
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 594/91 of 4 March 1991 in order to speed up the phasing-out of substances that deplete the ozone layer

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(92)106 final
                                               Brussels, 20 March 1992
                                    Proposal for a
 l
   Mi •''
                              COUNCIL REGULATION (EEC)
                amending Regulation (EEC) No 594/91 of 4 March 1991
                      In order to speed up the phasing-out of
                      substances that deplete the ozone layer
8*1-.':
                            (presented by the Commission)
 ---pagebreak---                             EXPLANATORY MEMORANDUM
     Council Regulation (EEC) No 594/91 of 4 March 1991 on substances that
     deplete the ozone layer^1) provides for quantitative restrictions on
     the production and consumption of chlorofluorocarbons 11, 12, 113, 114
     and 115, other fully halogenated chlorofluorocarbons, halons, carbon
     tetrachloride and 1,1,1-trichloroethane. It is based on the Montreal
     Protocol on Substances that Deplete the Ozone Layer, to which the
     Member States and the European Community are Parties.
     The Scientific Evaluation Group of the United Nations Environment
     Programme (UNEP) found the hole in the ozone layer in the Antarctic in
     1991 to be as deep and extensive as the holes observed in 1987, 1989
     and 1990. For the first time, observations in the Antarctic confirmed
     that the loss of ozone coincides with an increase in ultraviolet
     radiation at ground level. Moreover, the stratospheric ozone layer is
     being depleted more rapidly than expected and ozone losses are now
     being observed over densely populated areas of Europe and North
    America. The satellite-mounted TOMS spectrometer measured ozone losses
     from December to March of - 5.6% ± 3.5% per decade over the period 1979
     to 1991 at a latitude of 45* North. The concentration of chlorine in
     the stratosphere is expected to increase from the present level of 3.3
     ppmv (parts per million volume) to 4.1 ppmv in the year 2000. This
     increase will occur even if all the parties apply the revised Protocol
     (London, 1990).
     The UNEP technological and economic evaluation group concluded that it
     is technically feasible to phase out ozone depleting substances sooner
     than the deadline imposed by the revised Protocol (London, 1990) and by-
     Regulation (EEC) No 594/91. In the developed countries, consumption of
     practically all chlorofluorocarbons and halons could be eliminated by
     1995-97, consumption of 1 ,1 ,1-trichloroethane as early as 1995, and by
     the year 2000 at the latest, and consumption of carbon tetrachloride
     for the vast majority of applications by 1995, with final elimination
     by 1997.
    On the basis of the convincing scientific and technical data produced
     by the UNEP evaluation procedure, the Commission is submitting to the
     European Parliament and the Economic and Social Committee for opinion
     and to the Council for adoption a proposal for a Regulation amending
     Regulation (EEC) No 594/91 of 4 March 1991 in order to speed up the
     phasing-out of ozone depleting substances.
(1 ) 0J No L 67, 14.3.91, p . 1 .                                             \
 ---pagebreak---                       COUNCIL REGULATION (EEC) No .../..
                              of
            amending Regulation (EEC) No 594/91 of 4 March 1991
                   in order to speed up the phasing-out of
                  substances that deplete the ozone layer
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 130s thereof,
Having regard to the proposal from the Commission,<1)
Having regard to the opinion of the European Par Iiament, < 2 )
Having regard to the opinion of the Economic and Social Committee,^3^
Whereas, according to the latest scientific knowledge, the ozone layer is
not reforming over the Antarctic; whereas depletion of the ozone layer
over the Northern hemisphere is more extensive than was previously
generally accepted;
Whereas scientific studies forecast continued depletion of the ozone
layer until the year 2005, unless the production and consumption of fully
halogenated    chlorofluorocarbons,    halons, carbon    tetrachloride   and
1,1,1-trichloroethane is brought to an end in the very near future.
Whereas, except for certain essential uses, it is technically possible to
phase out all       consumption of    chlorofluorocarbons, halons, 1,1,1-
trichloroethane and, for most applications, carbon tetrachloride by the
end of 1995;
Whereas Council Regulation (EEC) No 594/91       provides  for  controls  on
substances that deplete the ozone layer;
Whereas, in the light in particular of recent scientific knowledge, it is
appropriate, in general, to introduce stricter control measures than
those provided for in Council Regulation (EEC) No 594/91;
(1) 0J No .
(2) 0J No L
(3) OJ No L
 ---pagebreak---                                      - 2 -
HAS ADOPTED THIS REGULATION:
                                   Art icle 1
                Control of the production and consumption of
                chlorofluorocarbons 11, 12, 113, 114 and 115
The following changes are hereby made to Articles 10(1) and 11(1) of and
Annex II to Regulation (EEC) No 594/91:
 in the second indent of the first subparagraph of Article 10(1), ", and
 in the following 12-month period," is deleted;
the third indent of the first subparagraph of Article 10(1) is deleted;
 in the fourth indent of the first subparagraph of Article 10(1), "1996"
 is replaced by "1994, and in the following 12-month period";
the fifth indent of the first subparagraph of Article 10(1) is deleted;
 in the sixth     indent of the first subparagraph       of   Article 10(1),
"30 June 1997" is replaced by "31 December 1995";
 in the second subparagraph of Article 10(1), "30 June 1997" is replaced
by "31 December 1995";
the second to sixth indents of the first subparagraph and the second
subparagraph of Article 11(1) are amended         in the same way as the
corresponding indents and subparagraphs of Article 10(1);
 in Annex II, the calculated level of the quantitative limits on imports
of substances in Group I is fixed at 348 tonnes for each of the years
1994    and   1995;    imports  of    these   substances  shall   cease   on
31 December 1995 at the latest.
                                  Art icle 2
                Control of the production and consumption of
                other fully halogenated chlorofluorocarbons
The following changes are hereby made to Articles 10(2) and 11(2) of and
Annex II to Regulation (EEC) No 594/91:
in the first indent of the first subparagraph of Article 10(2), "each 12-
month period thereafter" is replaced by "the following 12-month period";
the second indent of the first subparagraph of Article 10(2) is deleted;
in the third indent of the first subparagraph of Article 10(2), "1996" is
replaced by "1994, and in the following 12-month period";
the fourth indent of the first subparagraph of Article 10(2) is deleted;
                                                                             4
 ---pagebreak---                                     - 2 -
 in the fifth    indent of the first subparagraph        of   Article 10(2),
"30 June 1997" is replaced by "31 December 1995";
 in the second subparagraph of Article 10(2), "30 June 1997" is replaced
by "31 December 1995";
the first to fifth indents of the first subparagraph and the second
subparagraph of Article 11(2) are amended in the same way as the
corresponding indents and subparagraphs of Article 10(2);
in Annex II, the calculated level of the quantitative limits on imports
of substances in Group II is fixed at 15% of the calculated level of
imports in 1989 for each of the years 1994 and 1995; imports of these
substances shall cease on 31 December 1995 at the latest.
                                  Art icle 3
           Control of the production and consumption of halons
The following changes are hereby made to Articles 10(3) and 11(3) of and
Annex II to Regulation (EEC) No 594/91:
in the first indent of the first subparagraph of Article 10(3), "each 12-
month period thereafter" is replaced by "the following 12-month period";
in the second indent of the first subparagraph of Article 10(3), "1995,
and in each 12-month period thereafter" is replaced by "1994, and in the
following 12-month period", and "50%" is replaced by "15%";
in the third indent of the first subparagraph of Article 10(3), "1999" is
replaced by "1995";
in the second    subparagraph  of   Article 10(3),  "2000"  is  replaced  by
"1996";
the first to third indents of the first subparagraph and the second
subparagraph of Article 11(3) are amended in the same way as the
corresponding indents and subparagraphs of Article 10(3);
in Annex II, the calculated level of the quantitative limits on imports
of substances in Group III is fixed at 350 tonnes for each of the years
1994   and   1995;   imports   of    these   substances   shall   cease   on
31 December 1995.
                                  Art icle 4
               Control of the production and consumption of
                           carbon tetrachloride
The following changes are hereby made to Articles 10(4) and 11(4) of and
Annex II to Regulation (EEC) No 594/91:
in the first indent of the first subparagraph of Article 10(4), "each 12-
month period thereafter" is replaced by "the following 12-month period";
                                                                             %
 ---pagebreak---                                         - 3 -
 in the second indent of the first subparagraph of Article 10(4), "1995,
and in each 12-month period thereafter" is replaced by "1994, and in the
 following 12-month period";
 in the third indent of the first subparagraph of Article 10(4), "1997" is
replaced by "1995";
 in the   second    subparagraph    of  Article 10(4),     "1998"  is replaced   by
 "1996";
the first to third indents of the first subparagraph and the second
subparagraph of Article 11(4) are amended in the same way as the
corresponding indents and subparagraphs of Article 10(4);
 in Annex II, the     calculated level of the quantitative limits on imports
of the substance      in Group IV is fixed at 15% of the calculated level of
 imports in 1989     for each of the years 1994 and 1995; imports of these
substances shall     cease on 31 December 1995 at the latest.
                                      Art icle 5
                 Control of the production and consumption of
                               1,1,1-tr ichloroethane
The following changes are hereby made to Articles 10(5) and 11(5) of and
Annex II to Regulation (EEC) No 594/91:
 in the first indent of the first subparagraph of Article 10(5), "each 12-
month period thereafter" is replaced by "the following 12-month period";
 in the second indent of the first subparagraph of Article 10(5), "1995,
and in each 12-month period thereafter" is replaced by "1994, and in the
following 12-month period", and "70%" is replaced by "15%";
the third indent of the first subparagraph of Article 10(5) is deleted;
in the fourth indent of the first subparagraph of Article 10(5), "2004"
is replaced by "1995";
a second subparagraph is          inserted    after   the  first  subparagraph   of
Article 10(5) as follows:
"The Commission, in accordance with the procedure set out in Article 12,
shall determine any essential uses of 1 ,1 ,1-trichloroethane which may be
permitted     in     the   Community     after     31 December 1995    and    until
31 December 2004       at   the    latest    and    any   quantities   of    1,1,1-
trichloroethane which may be produced by each producer for this purpose.
Such production shall only be allowed if adequate alternatives or
recycled 1 ,1,1-trichloroethane are not available.";
the first to fourth indents of the first subparagraph of Article 11(5)
are   amended     in the same way          as    the corresponding     indents of
Art icle 10(5);
                                                                                    6
 ---pagebreak---                                     - 4 -
a second subparagraph is      inserted   after the first   subparagraph  of
Article 11(5) as follows:
"The Commission, in accordance with the procedure set out in Article 12,
shall determine any quantities of 1,1,1-trichloroethane that could be
placed on the market or used for its own account by each producer after
31 December 1995 and until 31 December 2004 at the latest for the purpose
of essent ial uses.";
in Annex II, the   calculated level of the quantitative limits on imports
of the substance   in Group IV is fixed at 15% of the calculated level of
imports in 1989   for each of the years 1994 and 1995; imports of these
substances shall  cease on 31 December 1995 at the latest.
                                  Art icle 6
                              Entry into force
This Regulation shall enter       into force on the day following       its
publication in the Official Journal of the European Communities.
                                                                            7
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (92) 106 final
                                                      DOCUMENTS
EN                                                                              14
                                 Catalogue number: CB-CO-92-116-EN-C
                                                             ISBN 92-77-42133-9
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