CELEX: 51979PC0242
Language: en
Date: 1979-05-14
Title: Proposal for a COUNCIL DECISION concerning chlorofluorocarbons in the environment (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (79) 242
Vol. 1979/0097
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                              COM(79)242 final.
                                                              Brussels , 14 May 1979
                                  Proposal for a
                                 COUNCIL DECISION
         concerning chlorofluorocarbons in the environment A
             ( submitted to the Council by the Commission)
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                           As            - V ; sJv,        -a
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                           V ■      I -,
 C OM ( 79 ) 242 final .
 ---pagebreak---                         EXPLANATORY  MEMORANDUM
1. Council Resolution of 30 May 1978 on fluorocarbons in the environment .
   On 30 May 1978, the Council adop|e^ the following resolution on
   fluorocarbons in the environment :
   (i)      The problems of the effects of fluorocarbons on the ozone
            layer and of ultraviolet radiation on health cannot be
            ignored. In so far as Member States are carrying out
            research on these problems nationally , it is desirable
            that they should cooperate on a Community basis in
            planning this research and in making available and
            interpreting the results . The Community of course
            recognizes the overall coordinating role of UNEP (United
            Nations Environment Programme ) in relation , to research.
   ( ii )   Immediate steps should be taken to encourage all the aerosol
            and plastic foam industries using chlorofluorocarbons P–11
             (CC13F ) and F-12 (CC12F2 ) to intensify research into
            alternative products and to promote the development of
            alternative methods of application.
    ( iii ) Immediate steps should be taken to encourage the manufacturers
            and users of equipment containing chlorofluorocarbons F–11
            and F-12 to eliminate the discharge of these compounds .
                                                                    • • • /• • •
    (*) O.J. No. C 133 of 7 June 1978.
 ---pagebreak---            ( iv ;    All appropriate measures should "be taken to ensure that
                     the industry situated within the Community does not increase
                     its production capacity in respect of chlorofluorocarbons
                     F– 1 1 and F-12 .
           (v)
           (v        In the second half of 1978 the effect of fluorocarbons on
                     the environment will "be re-examined in the light of the
                     information then available with a view to arriving at a
                     Community policy.
  2.       Common position of 6 December 1978 *
           In the light of point (v) of the resolution and with a view to taking
           a concerted line at the International Conference on Chlorofluoromethanes ,
           held in Munich from 6 – 8 December 1978 , the following common position
           was agreed by Member States on 6 December, 1978 /
           (i)       The starting-point for a common position should be the
                     Council Resolution of 30 May 1978 .
           ( ii )    Point 5 of        Council Resolution states that " in the second
                     half of 1978 the effect of fluorcarbons on the environment
                     will be re–examined in the light of the information then
                     available with a view to arriving at a Community policy".
                     Member States declare that a reduction in the use of CPC 's
                     is desirable as a precautionary measure .
                     Within the framework of the European Economic Community such
                     a reduction will be sought on the basis of a Community policy
                     aimed particularly at aerosols .
        «
                                                                             • • • /• • •
Y R/335 V78(ENV208 ), 8 December 1978.
 ---pagebreak--- ( iii     Member States are confident that measures aimed at
          achieving a reduction in the use of CFC*s will also "be
          taken "by other countries .
( iv)     Continuing consideration vail he given by the Community
          to the fluorocarbon question, which may lead to the
          adoption of further appropriate measures in the light of
          the scientific and economic evidence available .
Results of International Conference on Chlorofluoromethanes , held
in Munich 6–8 December 1978.
The International Conference on Chlorofluoromethanes took place in
Munich , December 6–8 , 1978 at the invitation of the Federal Republic
of Germany.   The following countries and organizations participated :
Australia, Belgium, Canada , Denmark, France , Italy, Netherlands , Norway,
Sweden , Switzerland , United Kingdom , United States of America,
Yugoslavia , OECD , UNEP and the Commission of the European Communities .
The Conference adopted recommendations relating to :
 (i)      The problem of ozone depletion and associated hazards .
 ( ii )   Economic questions and analysis of economic consequences ;
         questions of trade , and
 ( iii )  Alternatives for Politicai Decisions .
 The full text of recommendation (iii ), which like the other
 recommendations , was adopted unanimously, was as follows :
 ---pagebreak---                                                                  4.
(i)     The problems of the effects of chlorofluorocarbons on the
         ozone layer and of ultraviolet radiation on health cannot
        "be ignored. The conference recommends that , as a
        precautionary measure , there should "be a glo"bal reduction
         in the release of CFC 's .  It therefore calls on all
         governments , industry and other "bodies to work towards the
         goal of achieving a significant reduction in the release
         of CFC *s in the next few years in relation to 1975 data.
( ii )  The conference recognizes that in the li^rt of new and
         convincing scientific evidence decisive reductions in the use
         of CFC 's will "be necessary.
                                                          c>
( iii ) In seeking the reductions in CFC releases mentioned above , the
        governments concerned should attempt to achieve the maximum
        possible international harmonization of measures to ensure ,
        by joint efforts , the most effective approaches to the problem
        and to avoid barriers to trade .
( iv)   Immediate steps should be taken to encourage all the aerosol
        and plastic foam industries using chlorofluorocarbons F–11 and
        F-12 to intensify research into alternative products and to
        promote the development of alternative methods of application.
(v)     Immediate steps should be taken to encourage manufacturers
        and users of equipment containing chlorofluorcarbons F-11 and
        F-12 to eliminate the discharge of these compounds .
  ι
                                                             • • • /• • •
 ---pagebreak---                                                                   5-
4. Meeting of Council of 18 and 19 December 1978.
   At the meeting of the Environment Council , held on 18 and 19 December
   1978 , the German Delegation reported on the results of the International
   Conference on Chi orofluorome thanes , which was held in Munich ,
   6–8 December 1978.
   The Council noted this report "by the German delegation. On the "basis
   of the scientific data and recommendations put forward at the Munich
   Conference , the German delegation requested the Council to ask the
   Commission to look into the possibilities of harmonizing the measures
   aimed at reducing the use of fluorocarbons , while "bearing in mind
   the following factors :
   ( a)      the Member States could take all necessary steps to
             reduce the use of fluorocarbons in aerosols by 3055
             compared to the 1975 level , before 1 January 1981 ;
   (b )
   0>)       during the first six months of 1981 » a-*1 examination
             should be carried out at Community level to see whether
             the reduction suggested in (a) above had been achieved ;
    ( ec )   during the first six months of 1981 , an examination
             should also be carried out to see what new measures should
             be envisaged in the light of the latest available
             scientific data ;
    (d)      if new scientific data should suggest an increase
             of the danger of pollution by fluorocarbons , measures
             should be adopted to reduce still more the use of
             products containing fluorocarbons .
                                                                  • • • /• • •
 ---pagebreak--- The Council asked the Commission to make concrete proposals ,
at the earliest opportunity , tearing the results of the Munich
Conference in mind. These proposals or a progress report could
he submitted to the next meeting of the Environemnt Council .
The draft décision .
In the ligjit of the Council 's invitation referred to in paragraph
4 above , a draft Council decision has "been prepared. Given that
this proposition is "based on Article 235 of the EEC Treaty, the
European Parliament must "be consulted .  The consultation of the
Economic and Social Committee is suitable .     .
 ---pagebreak---                            PROPOSAL FOR A
Council Decision concerning Chlorofluorocarbons          m the Environment
TIHD COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas , as stated in the resolution of the Council of the European
Communities and of the Representatives of the Governments of the
Member States meeting within the Council of 17 May 1977 on the
continuation and implementation of a European Community policy and
action programme on the environment ( l ), it is necessary to review
continuously at Community level the impact of chemicals on the
environment ;
Whereas the Resolution of the Council of 30 May 1978 on fluorocarbons
in the environment ( 2 ) states that the problems of the effects of
chlorofluorocarbons ( CFCs ) on the ozone layer and of ultraviolet
radiation on health cannot be ignored ;
Whereas a reduction in the production of CFCs has already been achieved ;
 ( 1 ) O.J. vo . C 139 of 13 June 1977 , p . 1
 ( 2 ) O.J. No . C 133 of 7 June 1978 , p . 1
 ---pagebreak--- Whereas the Member States , in accordance with the terms of the
Resolution of 30 May 1978 , adopted a common position on 6 December 1978 concerni
CFCs _ in the environment , to be put to the International Conference on
Chi orofluoromethanes held in Munich 6-8 December ; and whereas that
Conference adopted certain recommendations , and in particular
Recommendation III relating to alternatives for political decisions :
Whereas , in accordance with the common position of Member States
of 6 December 1978 and in accordance with Recommendation III of the
Munich Conference , a significant reduction in the use of CFCs     giving
rise to emissions should be achieved in the next few years ; and
whereas         such a reduction should be sought on the basis of a
policy    with reference to the use of CFCs in aerosols ;
Whereas ,            in making the reduction in the use of CFCs , Member
States should consult with the Commission in order to secure that
their measures are in harmony, do not adversely affect the proper
functioning of the common market and avoid the creation of barriers
to trade ;
Whereas , since the specific powers of action required to adopt the
provisions in this Decision have not been provided for in the Treaty,
it is necessary to invoke Article 235 thereof ;
 ---pagebreak--- HAS ADOPTED THIS DECISION :
                                Article 1
       Member States shall take all appropriate measures to ensure
that the industry situated in their territory does not increase its
production capacity in respect of chlorofluorocarbons ;
                                Article 2
       Member States shall take all necessary steps to achieve
    by 31 December 1981 a reduction of 30 $ in the use of chlorofluoro­
carbons in aerosols in relation to 1976 levels of use .
                                Arti c le 3
       In taking the measures for the reduction mentioned in Article 2 , M-ember
States shall consult with the Commission with a view to ensuring that
such measures        are consistent with the proper functioning of the
common market .
                                Arti c le 4
       Member States shall provide the Commission with the necessary
data relating to the use of chlorofluorocarbons in aerosols not later than
30 June 1982 in order to permit the Commission to verify whether the
reduction referred to in Article    2   has been achieved in relation to
each Member State .
                                Arti c le 5
       In the course of the first half of 19°2 , the measures to be
taken will be re-examined in the light of the scientific and economic
evidence available .    To this end , Member States shall provide the
Commission with the results of any study of research in this field which become
available to them . The Council shall adopt not later than 31 December 1982 /
on a proposal from the Commission , such further measures as may be
necessary in the light of this reexamination .
                                Arti c le 6
       The Decision is addressed to the Member States .