CELEX: 51990PC0003
Language: en
Date: 1990-03-14
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON SUBSTANCES THAT DEPLETE THE OZONE LAYER

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            C0MC90) 3 final
                                            Brussels, 14 March 1990
                       Proposal for a
                  COUNCIL REGULATION (EEC)
        on substances that deplete the ozone layer
               (presented by the Commission)
 ---pagebreak---                             - 2-
                    EXPLANATORY MEMORANDA
1.   The Community concluded the Vienna Convention for the
Protection of the Ozone Layer and the Montreal Protocol on
Substances that Deplete the Ozone Layer with the Council
Decision 88/540/EEC (1) of 14 October 1988. The Montreal
Protocol is implemented in the Community through the Council
Regulation (EEC) No 3322/88 (2) of 14 October 1988 on Certain
Chlorofluorocarbons and Halons which Deplete the Ozone Layer.
2.   The Montreal Protocol was signed in September 1987. Its
scientific basis was the theoretical prediction that if CFC and
halon abundances continue to grow for the next few decades,
there would eventually be substantial ozone layer depletion.
3.   Recent scientific evidence has, however, indicated that
the control measures provided for in it are not adequate. This
evidence concerns mainly the Antarctic ozone hole, the
perturbed Arctic chemistry and the long-term ozone decreases in
the northern hemisphere of 3 to 5.5% from 1969 to 1988 in the
winter months. The same evidence has also shown that carbon
tetrachloride and methyl chloroform deplete the ozone layer,
4.   In this context, the Council concluded on 2 March 1989
that there is a need, both within the Community and at a global
level, for a reduction of at least 85% as soon as possible in
the current level of production and use of the CFCs with a view
to their being eliminated towards the end of the century.
5.   At the London Conference on "Saving the Ozone Layer" the
Commission's position was the reduction of 85% to be achieved
before 1995 and the total elimination well before the end of
the century, in 1996 or 1997.
6.   On the basis of the scientific evidence and the expressed
political will, the Commission submits a proposal for the
revision of the Council Regulation (EEC) No 3322/88 on certain
chlorofluorocarbons and halons which deplete the ozone layer
and for the adoption of measures that are considered to be
adequate for the protection of the ozone layer. More
concretely, the Commission proposes more stringent controls on
CFCs and halons which include their phase-out by 1997 and 1999
respectively as well as controls on carbon tetrachloride,
methyl chloroform and other fully halogenated CFCs.
7.   The Commission has reviewed the economic situation of the
European CFC market. The outcome from this review is that, on
the basis of the existing legislation in the Member States,
there appear to be neither current or eventual obstacles to the
free circulation of products related to CFCs nor any risk of
distortion of competition between producers.
(1)  OJ L 297, 31 October 1988, p. 8.
(2)  OJ L 297, 31 October 1988, p. 1.
 ---pagebreak---                               - 3-
8.   However, the evolution of this situation has to be
carefully surveyed. In any case, the Commission will consider
possible different approaches to that of the present proposal,
in the framework of the discussions to be held for the revision
of the Montreal Protocol in London in June 1990.
9.   The Commission will also survey the market of substitutes
to CFCs, particularly with respect to the ozone-depleting
potential.
 ---pagebreak---                                                       - 4 -
                                              Proposal f o r a
                                       COUNCIL REGULATION (EEC)
                 on s u b s t a n c e s t h a t d e p l e t e t h e ozone l a y e r
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having r e g a r d t o t h e T r e a t y e s t a b l i s h i n g t h e European Economic
Community, and i n p a r t i c u l a r A r t i c l e s 113 and 130s thereof,
Having r e g a r d t o t h e p r o p o s a l from t h e Commission,
Having regard t o t h e o p i n i o n of t h e European P a r l i a m e n t ( 1 ) ,
Having r e g a r d t o t h e o p i n i o n of t h e Economic and S o c i a l
Committee(2),
Whereas i t i s e s t a b l i s h e d t h a t c o n t i n u e d e m i s s i o n s of ozone
d e p l e t i n g substances at current l e v e l s cause s i g n i f i c a n t
damage t o t h e ozone l a y e r ; whereas t h e r e i s an i n t e r n a t i o n a l
c o n s e n s u s t h a t s i g n i f i c a n t r e d u c t i o n s i n both p r o d u c t i o n and
consumption of such s u b s t a n c e s a r e n e c e s s a r y ; whereas
D e c i s i o n s 80/372/EEC(3) and 82/795/EEC(4) p r o v i d e c o n t r o l s
which a r e of l i m i t e d e f f e c t and which c o v e r o n l y two such
s u b s t a n c e s (CFC 11 and CFC 1 2 ) ;
Whereas i n view of the r e s p o n s i b i l i t i e s of the Community f o r t h e environment
 and t r a d e , the Council has approved by Decision 88/540/EEC(5)                     the Vienna
 Convention f o r the p r o t e c t i o n of the ozone l a y e r and t h e Montreal P r o t o c o l
on substances t h a t d e p l e t e t h e ozone l a y e r ;
 (1) . . .
 (2) . . .
 (3) 0J No L 9 0 , 3 . 4 . 1 9 8 0 , p. 45.
 (4) 0J No L 329, 2 5 . 1 1 . 1 9 8 2 , p. 29.
 ---pagebreak---                                       5-
Whereas it is necessary for action to be taken at Community
level to carry out the Community's obligations under the
Convention and the Protocol, in particular to control
production and consumption within the Community of certain
chlorofluorocarbons and halons;
Whereas, on the basis of the existing legislation in the
Member States, there appear to be neither current nor potential
obstacles to the free circulation of products related to CFCs
nor any risk of distortion of competition between producers;
Whereas the Protocol also requires certain restrictions to be
imposed on trade with States which are not Parties to the
Protocol, and requires certain data to be reported;
Whereas Council Regulation (EEC) No 3322/88 (6) provides for controls on
certain chlorofluorocarbons and halons which deplete the ozone
layer;
Whereas the more recent scientific evidence indicates that for
the adequate protection of the ozone layer a higher degree of
control of chlorofluorocarbons and halons is required than
that provided by Regulation (EEC) No 3322/88; whereas the same
evidence indicates that additional controls should be placed
on all other fully halogenated chlorofluorocarbons, carbon
tetrachloride and methyl chloroform;
Whereas on 2 March 1989 the Council concluded that there is a
need for a reduction as soon as possible of at least 85% in
the current level of production and use of chlorofluorocarbons
with a view to their being eliminated towards the end of the
century;
Whereas bearing in mind the market structure for chloro-
fluorocarbons, other fully halogenated chlorofluorocarbons,
halons, carbon tetrachloride and methyl chloroform, it is
appropriate to control consumption of these substances by
controlling supply rather than demand; whereas supply can be
controlled by limiting sales and use by producers in the
Community, and by limiting imports;
Whereas it is necessary to keep under review the evolution of
the market for the above substances, particularly with regard
to sufficient supply for essential uses, and the state of
development of appropriate substitutes;
Whereas additional Community measures may be needed to carry
out the Community's obligations under the Protocol in respect
of research and development, and technical assistance;
Whereas Regulation (EEC) No 3322/88 should be repealed,
(5) OJ No L 297, 31.10.1988, p. 8.
(6) OJ No L 297, 31.10.1988, p. 1.
 ---pagebreak---                                    - 6-
HAS ADOPTED THIS REGULATION:
                                Article 1
This Regulation applies to the importation, exportation,
production and consumption of chlorofluorocarbons, other
fully halogenated chlorofluorocarbons, halons, carbon
tetrachloride and methyl chloroform referred to in Annex I,
as defined in Article 2.
                                Article 2
                               Definitions
In this Regulation:
    'the Protocol' means the Montreal Protocol on substances
that deplete the ozone layer,
    'chlorofluorocarbons' means the substances listed in Group
I of Annex I,
    'other fully halogenated chlorofluorocarbons* means saturated
compounds containing all of, and only carbon fluorine and
chlorine except those whose normal boiling or sublimation
point has been shown to be in excess of 150 degrees Celsius,
    'halons' means the substances listed in Group II of Annex
If
    'carbon tetrachloride' means the substance listed in Group
III of Annex I,
    'methyl chloroform' means the substance listed in Group IV
of Annex I,
    'producer' means any natural or legal person manufacturing
chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon
tetrachloride or methyl chloroform within the Community,
    'undertaking' means any natural or legal person which produces
or uses in the Community chlorofluorocarbons, other fully halogenated
chlorofluorocarbons, halons, carbon tetrachloride or methyl
chloroform for industrial or commercial purposes or which
imports those substances into, or exports them from, the
Community for industrial or commercial purposes,
    'ozone-depleting potential' means the figure specified in
the final column of Annex I representing the potential effect
of each substance on the ozone layer,
    'calculated level' means a quantity determined by
multiplying the quantity of each substance by the ozone-
depleting potential of that susbstance specified in Annex I
 ---pagebreak---                                   - 7-
and by adding together, for each group of substances in Annex
I separately, the resulting figures,
    'industrial rationalization' means the transfer either
between Parties to the Protocol or within a Member State of
all or a portion of the calculated level of production of one
producer to another, for the purpose of achieving economic
efficiencies or responding to anticipated shortfalls in supply
as a result of plant closures.
                                 PART I
                             Import Regime
                               Article 3
1.    The importation into the Community of chloro-
fluorocarbons, other fully halogenated chlorofluorocarbons,
halons, carbon tetrachloride and methyl chloroform originating
in third countries which are Parties to the Protocol shall be subject to
quantitative limits.
2.    For this purpose the Community shall open the quotas set
out in Annex II which shall be applicable during the periods
laid down in that Annex.
3.    The Commission in accordance with the procedure set out in
Article 10, may modify the quotas set out in Annex II.
                               Article 4
1.    With effect from 1 January 1991, the importation into the
Community of chlorofluorocarbons, other fully halogenated
chlorofluorocarbons, halons, carbon tetrachloride and methyl
chloroform originating in third countries which are not Parties
to the Protocol is prohibited.
 ---pagebreak---                                                    - 8-
 2,         By derogation from paragraph 1 above, the importation
into the Community of chlorofluorocarbons, other fully
halogenated chlorofluorocarbons, halons, carbon tetrachloride
and methyl chloroform originating in a third country which is not
Party to the Protocol may be permitted by the Commission if
that country is determined by a meeting of the Parties to the
Protocol to be in full compliance with Articles 2 and 4 of the
Protocol, and has submitted data to that effect as specified
in Article 7 of the Protocol. The Commission shall act in
accordance with the procedure set out in Article 10.
                                              Article 5
1.          S u b j e c t t o paragraph 2, the importation i n t o the Community of products
o r i g i n a t i n g i n t h i r d countries which are not Parties to the P r o t o c o l ,
 containing chlorofluorocarbons, other f u l l y halogenated chlorofluorocarbons,
 halons, carbon t e t r a c h l o r i d e and methyl chloroform is prohibited with
effect from 1 January 1993.
2.          The Council, on the proposal of the Commission, s h a l l
adopt before t h a t date the l i s t of t h e s e products i n the l i g h t
of the l i s t e s t a b l i s h e d by the P a r t i e s t o the P r o t o c o l . The
Council s h a l l a c t by a q u a l i f i e d majority.
                                              Article 6
In the light of the decision of the Parties to the Protocol,
the Council, on the proposal of the Commission, shall adopt
rules applicable to the importation into the Community of
products originating in third countries which are not Parties
to the Protocol, which are produced with chlorofluorocarbons,
other fully halogenated chlorofluorocarbons, halons, carbon
tetrachloride and methyl chloroform but which do not contain
these substances. The Council shall act by a qualified
majority.
                                              Article 7
1.         The release into free circulation in the Community of
chlorofluorocarbons, other fully halogenated chloro-
fluorocarbons, halons, carbon tetrachloride and methyl
chloroform which are subject to the quotas referred to in
Article 3 shall be subject to presentation of an import
licence issued by the competent authority of the Member State
in which these substances are to be released into free
circulation in the Community. This licence shall be issued in
accordance with the quotas allocated to importers by the
Commission following the procedure set out in Article 10.
 ---pagebreak---                                   - 9-
2.   A request for a licence shall contain:
 (a) the name and address of the importer;
 (b) the description of each substance stating:
        the  commercial description,
     -   the heading in the combined nomenclature,
        the  country of origin,
     -   the country from which the substance is imported;
(c)  a statement of the quantity of each substance to be
     imported in tonnes;
(d)  the place and date of proposed importation, if known.
                              PART II
                             Article 8
                     Control of production
1.   Each producer shall, subject to the provisions of
paragraphs 6 and 7, ensure that:
     - the calculated level of its production of chlorofluoro-
carbons in the period 1 January to 31 December 1991 does not
exceed the calculated level of its production in 1986;
     - the calculated level of its production of chloro-
fluorocarbons in the period 1 January to 31 December 1992 and
in each 12-month period thereafter, does not exceed 50% of the
calculated level of its production in 1986;
     - the calculated level of its production of chloro-
fluorocarbons in the period 1 January to 31 December 1996 and
in each 12-month period thereafter, does not exceed 15% of the
calculated level of its production in 1986;
     there is no production of chlorofluorocarbons after 31
December 1997.
The Commission, in accordance with the procedure set out in Article 10,
shall determine     the quantities of chloro-fluorocarbons that
could be produced in the Community after this date for the
purposes of essential uses or for the provision of developing
countries.
 ---pagebreak---                                   - 10
2.    Each producer shall, subject to the provisions of
paragraphs 6 and 7, ensure that:
      the calculated level of its production of other fully
halogenated chlorofluorocarbons in the period 1 January to 31
December 1992 and in each 12-month period thereafter, does not
exceed 50% of the calculated level of its production in 1986;
      the calculated level of its production of other fully
halogenated chlorofluorocarbons in the period 1 January to 31
December 1996 and in each 12-month period thereafter, does not
exceed 15% of the calculated level of its production in 1986;
      there is no production of other fully halogenated chloro-
fluorocarbons after 31 December 1997.
The Commission, in accordance with the procedure set out in Article 10/-
shall     determine the quantities of other fully halogeneted
chloro-fluorocarbons that could be produced in the Community
after this date for the purposes of essential uses or for the
provision of developing countries.
3.    Each producer shall, subject to the provisions of
paragraphs 6 and 7, ensure that:
      the calculated level of its production of halons in the
period 1 January to 31 December 1992 and in each 12-month
period thereafter does not exceed the calculated level of its
production of halons in 1986;
- the calculated level of its production of halons in the
period 1 January to 31 December 1996 and in each 12-month
period thereafter does not exceed 50% of the calculated level
of its production of halons in 1986;
- there is no production of halons after 31 December 1999.
The Commission, in accordance with the procedure set out in Article 10,
shall     determine the quantities of halons that could be
produced in the Community after this date for the purposes of
essential uses or for the provision of developing countries.
4.    Each producer shall, subject to the provisions of
paragraphs 6 and 7, ensure that:
      the level of its production of carbon tetrachloride in
the period 1 January to 31 December 1992 and in each 12-month
period thereafter will not exceed 50% of the level of its
production in 1986;
      there is no production of carbon tetrachloride after 31
December 1997, except for its use as a feedstock for the
production of other industrial products.
5.    Each producer shall, subject to the provisions of
paragraphs 6 and 7, ensure that:
 ---pagebreak---                                 - 11 -
       - the level of its production of methyl chloroform in
 the period 1 January to 31 December 1992 and in each 12-month
 period thereafter does not exceed the level of its production
 in 1986;
       - the level of its production of methyl chloroform in
 the period 1 January to 31 December 1998 and in each 12-month
 period thereafter does not exceed 80% of its level of
production in 1986;
      - the level of its production of methyl chloroform in
the period 1 January to 31 December 2000 and in each 12-month
period thereafter dpes not exceed 60% of its level of
production in 1986.
6.    A producer may be authorized by the Commission in
agreement with the competent authority of the Member State in
which it is situated, to exceed the calculated levels of
production set out in paragraphs 1, to 5 for the
purposes of industrial rationalization between Parties to the
Protocol or so as to satisfy the basic domestic needs of
States operating under Article 5 of the Protocol, provided
that the calculated levels of production of    chloro-
fluorocarbons, other fully halogenated chlorofluorocarbons,
halons, carbon tetrachloride and methyl chloroform
respectively of the Member State concerned do not exceed the
levels permitted by Article 2 of the Protocol for the periods
in question.
In the case of authorization for industrial rationalization,
the agreement of the competent authority of the Member State
in which it is intended to reduce production shall also be
required.
7.    A producer may exceed the calculated levels of production
set out in paragraphs 1 to 5 for the purposes of
industrial rationalization within the Member State in whose
territory the producer is established, provided that the
obligations of that Member State under the Protocol are not
thereby infringed. The competent authority of the Member
State and the Commission shall be notified beforehand.
                           Article 9
Control on consumption through control of supply in the
Community                                                *
1.    Each producer shall ensure that the quantity of chloro-
fluorocarbons which it places on the market or uses for its
own account within the Community from quantities produced by
it shall not exceed:
      in the period 1 January to 31 December 1991, the
calculated level of the quantity which it placed on the market
or used for its own account within the Community in 1986;
 ---pagebreak---                                  - 12 -
     in the period 1 January to     31 December 1992, and in each
12-month period thereafter, 50%    of the calculated level of the
quantity which it placed on the    market or used for its own
account within the Community in     1986.
     in the period 1 January to     31 December 1996, and in each
12-month period thereafter, 15%    of the calculated level of the
quantity which it placed on the    market or used for its own
account within-the Community in     1986.
2.   Each producer shall ensure that it does not place on the
market or use for its own account within the Community from
quantities produced by it any quantity of chlorofluorocarbons
after 31 December 1997.
The Commission, in accordance with the procedure set out in Article
10, shall determine the quantities of chlorofluorocarbons that
could be placed on the market or used for its own account
by each producer for the purposes of essential uses and for
the provision of developing countries.
3.   Each producer shall ensure that the quantity of other
fully halogenated chlorofluorocarbons which it places on the
market or uses for its own account within the Community from
quantities produced by it shall not exceed:
     in the period 1 January to     31 December 1992, and in each
12-month period thereafter, 50%    of the calculated level of the
quantity which it placed on the    market or used for its own
account within the Community in    1986,
     in the period 1 January to 31 December 1996, and in each
12-month period thereafter, 15% of the calculated level of the
quantity which it placed on the market or used for its own
account in 1986,
4.   Each producer shall ensure that it does not place on the
market or use for its own account within the Community from
quantities produced by it any quantity of other fully
halogenated chlorofluorocarbons after 31 December 1997.
The Commission, in accordance with the procedure set out in Article
10, shall determine the quantities of other fully halogenated
chlorofluorocarbons that could be placed on the market or
used for its own account by each producer for the purposes of
essential uses and for the provision of developing countries.
5.   Each producer shall ensure that the quantity of halons
which it places on the market or uses for its own account
within the Community from quantities produced by it shall not exceed:
     in the period 1 January to    31 December 1992, and in each
12-month period thereafter, the    calculated level of the
quantity which it placed on the    market or used for its own
account within the Community in    1986,
 ---pagebreak---                                     - 13 -
       in the period 1 January to      31 December 1996, and in each
 12-month period thereafter, 50%       of the calculated level of the
quantity which it placed on the        market or used for its own
 account within the Community in       1986.
 6.    Each producer shall ensure that it does not place on the
market or use- for its own account within the Community from
quantities produced by it any quantity of halons after 31
December 1999.
The Commission, in accordance with the procedure set out in Article
10, shall determine the quantities of halons that could be
placed on the market or used for its own account by each
producer for the purposes of essential uses and for the
provision of developing countries.
7.    Each producer shall ensure that the quantity of carbon
tetrachloride which it places on the market or uses for its
own account within the Community from quantities produced by
it shall not exceed in the period 1 January to 31 December
1992, and in each 12-month period thereafter, 50% of the
quantity which it placed on the market or used for its own
account within the Community in 1986.
8.    Each producer shall ensure that it does not place on the
market or use for its own account within the Community from
quantities produced by it any quantity of carbon tetrachloride
after 31 December 1997 except for its use as a feedstock for
the production of other industrial products.
9.    Each producer shall ensure that the quantity of methyl
chloroform which it places on the market or uses for its own
account within the Community from quantities produced by it
shall not exceed:
          in the period 1 January to 31 December 1992, and in
each 12-month period thereafter, the calculated level of the
quantity which it placed on the market or used for its own account within
the Community in 1986;
          in the period 1 January to 31 December 1998, and in
each 12-month period thereafter, 80% of the calculated level of the
quantity which it placed in the market or used for its own
account within the Community in 1986;
      - in the period 1 January to 31 December 2000, and in
each 12-month period thereafter, 60% of the calculated level of the
quantity which it placed in the market or used for its own
account within the Community in 1986.
10.   Any imports permitted in accordance with Articles 3 to 7
shall be in addition to the quantities which producers may place on the
market or use for their own account under this Article.
 ---pagebreak---                                                      - 14 -
11. Beginning with the control period 1 January t o 31
December 1993, the q u a n t i t i e s r e s u l t i n g from the a p p l i c a t i o n
of paragraphs 1 t o 7 w i l l be reduced i n a given 12-month
control period t h e r e a f t e r by the q u a n t i t i e s of f u l l y
haiogenated chlorofluorocarbons, h a l o n s , carbon t e t r a c h l o r i d e
or methyl chloroform as appropriate t h a t were exported t o
countries which are not Parties to the Protocol during that 12-month
control period.
12. The q u a n t i t i e s r e s u l t i n g from the a p p l i c a t i o n of
paragraphs 1 t o 7 may be increased by the Commission i f
imports of t h e s e substances i n t o the Community i n any 12-month
period t o which paragraphs 1 t o 7 apply s h a l l be l e s s than the
r e s p e c t i v e q u a n t i t a t i v e l i m i t s fixed i n Annex I I .
The Commission s h a l l a c t i n accordance with the procedure s e t
out i n A r t i c l e 10.
13.      Any producer having the r i g h t t o place on the market or
use for i t s own account the substances referred to in t h i s A r t i c l e may
transfer i t s r i g h t in respect of a l l or any of the quantity f i x e d i n
accordance with t h i s A r t i c l e to any other producer w i t h i n the Community.
The producer acquiring the r i g h t shall immediately n o t i f y the Commission. A
transfer of such right does not imply additional right to produce.
 ---pagebreak---                                15 -
                            PART III
       Management, data reporting and final provisions
                          Article 10
The Commission shall be assisted by a committee composed of
the representatives of the Member States and chaired by the
representative of the Commission.
The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee
shall deliver its opinion on the draft within a time limit
which the chairman may lay down according to the urgency of
the matter. The opinion shall be delivered by the majority
laid down in Article 148 (2) of the Treaty in the case of
decisions which the Council is required to adopt on a proposal
from the Commission. The votes of the representatives of the
Member States within the Committee shall be weighted in the
manner set out in that Article. The chairman shall not vote.
The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in accordance
with the opinion of the committee, they shall be communicated
by the Commission to the Council forthwith. In that event,
the Commission may defer application of the measures which it
has decided for a period of not more than one month from the
date of such communication.
The Council, acting by a qualified majority, may take a
different decision within the time limit referred to in the
third paragraph.
                          Article 11
                        Data reporting
1.   Each producer, importer and exporter of chloro-
fluorocarbons, other fully halogenated chlorofluorocarbons,
halons, carbon tetrachloride and methyl chloroform shall
communicate to the Commission, with a copy to the competent
authority of the Member State concerned, not later than 28
February of every year the figures of its:
 ---pagebreak---                                      - 16 -
 -   production,
- quantities placed on the market or used for the producer's
own account within the Community,
     imports into the Community,
-    exports from the Community, s e p a r a t e l y t o c o u n t r i e s which
 are Parties to the Montreal Protocol and to those which are not,
-    stocks,
- quantities destroyed, in accordance with technologies
approved by the Parties to the Protocol,
of each of the chlorofluorocarbons, other fully halogenated
chlorofluorocarbons, halons, carbon tetrachloride and methyl
chloroform listed in Annex I in respect of the period 1
January to 31 December 1991 and for each 12-month period
thereafter.
2.     Each company which produced, imported or exported carbon
tetrachloride, methyl chloroform or any fully halogenated
chlorofluorocarbon other than CFC-11, CFC-12, CFC-113, CFC-114
and CFC-115 in 1986 shall communicate to the Commission the
data referred to in paragraph 1 in respect of that year not
later than 30 November 1990.
 3.    The communications referred to in the last indent of
paragraph 1 shall be made to the Commission for the first time
on 28 February of the subsequent year following the date on
which approval is granted.
4.     The Commission will take the appropriate measures to
protect the confidentiality of the submitted data.
                                Article 12
                                Inspection
1.     In carrying out the tasks assigned to it by this
Regulation, the Commission may obtain all necessary
information from the governments and competent authorities of
the Member States and from undertakings.
2.     When sending a request for information to an undertaking
the Commission shall at the same time forward a copy of the
request to the competent authority of the Member State in
whose territory the seat of the undertaking is situated,
together with a statement of why this information is required
 ---pagebreak---                                                           - 17
 3.         The competent authorities of the Member States will
 undertake the investigations which the Commission considers to
 be necessary under this Regulation.
 4.         If agreed by the Commission and the competent authority
 of the Member State in whose territory the investigation is to
be made, the officials of the Commission shall assist the
 officials of such authority in carrying out their duties.
 5.        The Commission will take the appropriate measures to
protect the confidentiality of information obtained pursuant
to this Article.
                                                    Article 13
Member S t a t e s s h a l l take appropriate l e g a l or administrative
a c t i o n i n case of infringement of the provisions of t h i s
Regulation.
                                                    A r t i c l e 14
R e g u l a t i o n (EEC) No 3322/88 i s hereby r e p e a l e d .
                                                    A r t i c l e 15
This R e g u l a t i o n s h a l l e n t e r i n t o f o r c e on 1 January 1 9 9 1 .
This Regulation s h a l l be binding i n i t s e n t i r e t y and d i r e c t l y
a p p l i c a b l e i n a l l Member S t a t e s .
Done a t            ...........
                                                                        For the Council
                                                                        The President
 ---pagebreak---                               - 18 -
                            ANNEX I
             Substances covered by the Regulation
The Regulation   applies  to the the substances listed in this
Annex, whether   alone or in a mixture; it does not apply to any
such substance   which is in a manufactured product other than a
container used   for the  transport or storage of the substance
listed.
   Group       Substance          Ozone-depleting potential (1)
Group I      CFC13    (CFC- 11)               1,0
             CF2C13   (CFC- 12)               1,0
             C2F3C13  (CFC-113)               0,8
             C2F4C12  (CFC-114)               1,0
             C2F5C1   (CFC-115)               0,6
Group II     CF2BrCl (halon-1211)             3,0
             CF3Br    (halon-1301)           10,0
             C2F4Br2 (halon-2402)             6,0
Group III    CC14     (carbon tetrachloride)  1,1 (2)
Group IV     CC13CH3 (methyl chloroform)      0,1 (2)
(1) These ozone-depleting potentials are estimates based on
     existing knowledge and will be reviewed and revised
     periodically.
(2) Provisional figure pending decision of the Parties to the
     Protocol.
 ---pagebreak---                                 - 19 -
                             ANNEX II
      Quantitative limits on imports from third countries
                    parties to the Protocol
Descrip-    Units  For 12-month      For 12-month    From 1 Ja-
tion (2)           periods from      periods from    nuary 1998
                   1 January 1992     1 January 1996
                   to 31 December    to 31 December
                       1995               1997
Group I     Weigh-   1 161 (b)           348 (c)        0
   of        ted
Annex I     tonnes
(Fully       (1)
halogenated
chlorofluorocarbons)
Group II    Weigh- For 12-month      For 12-month    From 1 Janu-
   of        ted   periods from      periods from    ary 2000
Annex I     tonnes 1 January 1992 1 January 1996
(HaIons)     (1)   to 31 December to 31 December
                      1995               1999
                      700 (a)            350 (b)         0
Group III Weigh-    For 12-month       From 1 Janu-
   of        ted    periods from       ary 1998
Annex I     tonnes  1 January 1992
(carbon      (1)    to 31 December
tetra-                 1997
chloride)
                         x (b)                0
Group IV    Weigh-  For 12-month       For 12-month  For 12-month
   of        ted    periods from       periods from  periods from
Annex I     tonnes  1 January 1992 1 January 1998 1 January
(methyl      (1)    to 31 December to 31 December        2000
chloro-                 1997               1999
form)
                        y(a)              zl(d)         z2(e)
(a)  Equals imports in 1986.
(b)  Equals imports in 1986 minus 50%.
(c)  Equals imports in 1986 minus 85%.
(d)  Equals imports in 1986 minus 20%.
(e)  Equals imports in 1986 minus 40%.
(1)  Weighted according to the ozone-depleting potentials
     specified in Annex I. This is equivalent to the
     calculated levels mentioned in the Regulation.
(2) The codes and the descriptions of the combined
     nomenclature are indicated in Annex III.
 ---pagebreak---                            - m-
                          ANNEX III
     Codes and descriptions of the combined nomenclature
      for the substances referred to in Annexes I and II
  CN code                     Description
2903 40 10          - - - Trichlorofluoromethane
2903 40 20          - - - Dichlorofluoromethane
2903 40 30          - - - Trichlorotrifluoroethane
2903 40 40          - - - Dichlorotetrafluoroethane
2903 40 50          - - - Chloropentafluoroethane
2903 40 70          - - - Bromotrifluoromethane
2903 40 80          - - - Dibromotetrafluoroethane
2903 40 91          - - - Bromochlorodifluoromethane
ex 3823 90 96       Mixtures containing products falling
                    within codes 2903 40 10, 2903 40 20,
                    2903 40 30, 2903 40 40 or 2903 40 50
ex 3823 90 97       Mixtures containing products falling
                    within codes 2903 40 70, 2903 40 80,
                    2903 40 91 or 3823 90 96
* codes and descriptions of the combined nomenclature for the
new controlled substances to be added
 ---pagebreak---                                   - 21 -
          COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT
I.    The adequate protection of the ozone layer.
II.   (a) The producers of these substances are big chemical
            companies. In somes areas of use of these substances
            there are several SMEs. However, the major part of
            users, too, are big companies.
      (b)   Companies are everywhere in the Community.
III. Produces have to comply with the reduction schedules in
        production of controlled substances.
IV.   None.
V.    No.
VI.   It is expected that the measures proposed will not have
      any significant effect on competitiveness or employment.
v u . The Commission holds regular meetings with industry and
      there is a consensus on the broad lines of action that
       should be taken to safeguard the ozone layer.
 ---pagebreak---  ---pagebreak---                                                                       ISSN 0254-1475
                                                                COM(90) 3 final
                                                      DOCUMENTS
EN                                                                               15
                                 Catalogue number : CB-CO-90-034-EN-C
                                                             ISBN 92-77-56954-9
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