CELEX: 51988PC0058
Language: en
Date: 1988-02-26
Title: Proposal for a COUNCIL DECISION concluding and implementing the Vienna Convention for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone layer#Proposal for a COUNCIL REGULATION (EEC) laying down common rules applicable to certain products which deplete the ozone layer#(submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 58
Vol. 1988/0013
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
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on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(88 ) 58 final
                                                    Brussels , 26 February 1988
                                   Proposai for a
                                 COUNCIL DECISION
 concluding and implementing the Vienna Convention for the protection
   of the ozone layer and the Montreal Protocol on substances that
                             deplete the ozone layer
                                   Proposal for a
                            COUNCIL REGULATION ( EEC )
     laying down common rules applicable to certain products which
                             deplete the ozone layer
                        (submitted by the Commission )
                     I 03 4
                     \w           ' nr\ 1 1 \ HT'
                                      / е,
 ---pagebreak---                                      EXPLANATORY MEMORANDUM
The proposed draft Decision and Regulation are a continuation of the Community
policy for the protection of the ozone layer of the earth , which has been
established since 1980 .            This policy is based on the two Council Decisions
80 / 372 / EEC and 82 / 795 / EEC . These two Decisions instituted the reduction by 30
% of the use of CFCs in aerosols and the freeze of Community production of
these substances to 1980 levels .
The European Community signed in March 1985 the Vienna Convention on the
Protection of the Ozone Layer . Nine Member States have by now also signed
this Convention .
In September 1987 the European Community along with most of its Member States
signed the Montreal Protocol that was established under the Vienna Convention .
Both the Convention and the Protocol are international agreements achieved in
the context of the United Nations Environment Program .              They have as their
goal the common action by all countries of the world for the protection of the
ozone layer from a possible reduction that could entrain serious consequences
for health and the environment .
Recent scientific reports on the depletion of the ozone layer over the
Antartica in Spring and other studies on the total ozone layer indicate that a
reduction in the use of chlorof luorocarbons ( CFCs ) and halons is appropriate .
The use of these substances is thought to be a probable cause for the
depletion of the ozone layer .
The proposed Council Decision intends to result in a simultaneous ratification
by the Community and the Member States of the Vienna Convention and of the
Montreal Protocol in a timely manner since the Protocol is to enter into force
on 1 January 1989 .
The protocol can enter into force at this date if and only if the Vienna
Convention comes into force by the same date .               For this to happen twenty
countries need to have ratified the Convention by 1 October 1988 .
This deadline then gives the length of time available for the ratification of
the Convention by the Community and its Member States . In case that the above
conditions are not met the entry into force of the Protocol will be delayed to
at least three months after 1 January 1989 .
The proposed Regulation intends to institute on a Community basis the system
of control of the production and consumption of CFCs and halons that is
contained in the Protocol .               The international scientific and political
situation regarding this issue require both the speedy adoption of the
Community policy outlined below .
The most important provisions of the Montreal Protocol deal with control of
production and consumption of CFCs and halons .                  Article 2 imposes an
obligation , with effect from 1st July 1989, not to allow either production or
consumption of CFCs to rise above their respective levels in 1986 .            However ,
production is allowed to increase by up to 10 % above the level in 1986,
provided that this increase is either for the purposes of industrial
rationalisation or to satisfy the domestic needs of the developing countries
to which Article 5 of the Protocol applies .             There are parallel provisions
( Article 2 ( 2 )) for halons , but the standstill obligation applies only from
1st January 1992 .
                                                                                   г
 ---pagebreak---                                           - 2 -
 The  proposed     Regulation   has  been   drafted   so   as   to  allow  industrial
 rationalisation either within a Member State , between Member States , or
 between a producer in a Member State and a producer in a non-Member State .
 The Regulation would also permit the industrial rationalisation envisaged by
 Article 2 ( 5 ) of the Protocol .    The Regulation has been drafted in such a way
 as to make it easy for Member States to ensure that their obligations under
 the Protocol are being carried out in conformity with Community law .
 The Article on control of production also implements the reduction , to 80 % of
 1986 levels , in CFC production , and the proposed 50 % reduction which ( unless
 the Parties to the Protocol agree otherwise ) is to take place by 1998 .
 In order to control consumption of CFCs and halons in the Community , it is
 necessary to control supply rather than demand .           Supply can be controlled
 conveniently by regulating imports and by limiting the quantities , produced
within the Community , which may be sold ( or used by producers themselves )
within the Community .       There are relatively few producers of CFCs and halons
 in the Community .     Restricting consumption through demand rather than supply
would involve regulating use of the controlled substances by a much greater
number of user companies ,          and would be administratively inefficient .
 Regulating consumption by limiting supply also has the advantage that it tends
to increase the price , this putting pressure on users to seek alternatives
which are less environmentally damaging .        It is convenient to control supply
and thereby control consumption without controlling exports or stocks ( since
there is no need to control either ).              It is not possible to control
consumption in the Community through controls on production , because such a
high proportion of total Community production is normally exported . Therefore
 it is necessary to limit the quantities which producers in the Community are
permitted to sell within the Community , and to use themselves . The quantities
which Community companies produce , in excess of the quantities which they are
permitted to sell or use in the Community , will have to be exported or
stocked .
Under the Articles on control of production and consumption , each producer
will be able to calculate exactly how much he may produce .and how much he may
sell , or use himself , within the Community .        In addition , he may be able to
obtain the right to sell or use additional quantities , either because imports
into the Community have been less than expected , or by buying the right to
sell or use an additional quantity from another producer in the Community . In
either case the individual producer concerned can be allowed to increase his
sales ( or his own use ) without causing any net increase in total Community
consumption .
The articles on the control of import and the sale or use in the Community of
the controlled substances have as a practical result the strict compliance
with the freeze to 1986 levels of the Community consumption in 1989 and its
subsequent reduction by 20 % in 1992 and by 50 % in 1998 with respect to 1986
levels .
The remaining articles deal with possible penalties for non-compliance , the
control mechanism for assuring that measures are being complied with and a
management committee that will help the Commission with the administration of
the control systems .
                                                                                J
 ---pagebreak---                               PROPOSAL FOR A DECIS ION
           CONCLUDING _AN D I N PL EME N T ING THE V I E N N A_C 0 NVENT ION
E 0 R_T H E_P ROT gCT 10 N_ 0 F _ T HE 0 Z 0_Ng L AYER__A ND TH E MONTREAL PROTOCO L
                ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
THE COUNCIL OF EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic
Community , and in particular Articles 113 , 116 and 130S 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 ;
1 . Whereas the Community has signed the Convention for the
Protection of the Ozone Layer , on 22 March 1985 together with
several of its Member States ;
                                                                                  /
2 . Whereas       it   is     established         that    continued    emissions   of
chlorof luorocarbons and Halons at current levels are likely to
cause significant damage to the Ozone Layer ; whereas there is
international consensus that significant reductions in both
production         and    consumption           of    all   such    substances   are
necessary : whereas the existing Council Decisions 80 / 372 / EEC
and 82 / 795 / EEC provide controls which are of severely limited
effect and which cover only two such substances ( CFC 11 and
CFC 12 ); whereas it is necessary for the protection , promotion
and improvement of the environment to conclude the Vienna
Convention and its Protocol , which is based on the principle of
preventive action to avoid further damage to the ozone layer
and is also based on available                   scientific and     technical data ;
whereas it is necessary for the Commun ity to become a
Contracting Party of the Protocol because certain of its
provisions can only be carried out if the Community and all its
Member States become Parties ;
 ---pagebreak---                                         2
3 . Whereas in the context of               its commercial policy the
Community should establish a procedure for the control of
quantitative       quotas     of     importation      of    the     controlled
substances , so that the conditions for the consumption of these
substances within the Community specified by the Montreal
Protocol are met ;
4 . Whereas a Protocol to the Convention applying to substances
that Deplete the Ozone Layer was negotiated and adopted on
16 September 1987 ; whereas the Protocol was signed on behalf of
the Community and of several of its Member States ;
5 . Whereas the Community should approve the Vienna Convention
on the Protection of the Ozone Layer and the Montreal Protocol
on Substances that Deplete the Ozone Layer ;
6 . Whereas certain provisions of the Protocol , in particular
Article 2 , paragraph 8 , will apply in the Community only if all
Member States become parties to the Protocol ;
7 . Whereas    in    order    for    all    the    obligations     under   the
Convention and the Protocol to be appropriately carried out , it
is necessary        that   all   Member     States     should    also   become
contracting parties ;
8 . Whereas  all     Member   States     should   conclude    as   rapidly  as
possible    their      procedures      for     signature ,    accession    and
ratification of the Convention and the Protocol                 respectively ,
with a view to simultaneous ratification ;
HAS DECIDED AS F0LL0WS :
                                  ARTICLE    1
The Vienna Convention for the Protection of the Ozone Layer and
the   Montreal    Protocol    on   substances     that   Deplete    the  Ozone
Layer are hereby approved on behalf of the Community .
The Texts of the Convention and of the Protocol are attached to
this Decision .
                                  ARTICLE    2
The President of the Council of the European Communities shall
deposit the acts of approval on behalf of the European Economic
Community with the Secretary General of the United Nations in
accordance    with     Article    13   of   the   Vienna   Convention ,    and
Article 14 of the Montreal Protocol .
 ---pagebreak---                                     3
                               ARTICLE  3
1 . Those Member States which have not signed the Vienna
Convention shall proceed to signature as soon as possible .
Those Member States which have signed but have not yet ratified
the Convention shall determine before 15 September 1988 whether
they    will  ratify    the    Convention ,  in order    to   permit
simultaneous    approval    and    ratification by   the    European
Community and the Member States concerned .
2 . Member States which have not yet signed the Montreal
Protocol will proceed to signature as soon as possible .         All
Member States shall determine before 15 September 1988 whether
they will ratify the Protocol , in order to permit simultaneous
approval and ratification by the European Community and its
Member States .
3 . When all Member States have notified the Commission of their
determination to    ratify   the Convention and the Protocol     the
Commission shall     fix a   date for simultaneous approval      and
ratification not later than 15 September 1988 .
                               ARTICLE  4
This Decision is addressed to the Member States .
 ---pagebreak---                      DRAFT
          COUNCIL REGULATION ( EEC ) N°
                      of
    Laying down common rules applicable to
certain products which deplete the ozone layer
 ---pagebreak--- The COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,     and
in particular Articles 113 and 130 S 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 ,
1.  Whereas the Community has signed the Vienna Convention for the Protection
    of the Ozone Layer , on 22 March 1985 together with several of its Member
    States .
2.  Whereas it is established that continued emissions of chlorof luorocarbons
    and halons at current levels are likely to cause significant damage to the
    Ozone Layer ; whereas there is international consensus that significant
    reductions in both production and consumption of such substances are
    necessary :        whereas the existing Council Decisions 80 / 372 / EEC and
    82 / 795 / EEC provide controls which are of severely limited effect and which
    cover only two such substances ( CFC 11 and CFC 12 ).
3.  Whereas a protocol to the Convention applying to substances that deplete
    the Ozone Layer was negotiated and adopted on 16 September 1987 ; whereas
    the Protocol has been signed on behalf of the Community and of several of
    its Member States .
A.  Whereas in view of the responsibilities of the Community for the
    environment and trade , the Community should approve the Vienna Convention
    for the Protection of the Ozone Layer and the Montreal Protocol on
    substances that deplete the Ozone Layer .
5.  Whereas it is necessary for action to be taken at Community level by this ,
    regulation to carry out the Community 's obligations under the Convention
    and the Protocol , in particular to control production and consumption
    within the Community of chlorof luorocarbons and halons .                     ^
6.  Whereas bearing in mind the market structure for these products , it is ,
    appropriate to control consumption of these substances by controlling
    supply rather than demand . Supply can be controlled by limiting sales and .
    use by producers in the Community , and by limiting imports .
7.  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 .
 ---pagebreak---                                          - з -
8.   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 .
9.   Whereas the reductions in production and consumption visualised for the
     year 1st July 1998 to 30 June 1999 will be reconsidered in the light of
     any decision of the Parties in accordance with Article 2(4 ) of the
     Protocol .
HAS ADOPTED THIS REGULATION
                                      Article 1
This regulation applies to the importation ,         exportation , production and
consumption of the chlorof luorocarbons and halons referred to in Annex 1 .
                               Article 2    Definitions
In this Régulation :
- " The Protocol " means The Montreal Protocol on substances that deplete the
    Ozone Layer ;
- " Chlorof luorocarbons " means the substances listed in Group I of Annex I ;
- " Halons " means the substances listed in Group II of Annex I ;
- " Producer " means any natural or legal person producing or manufacturing
    chlorof luorocarbons or halons within the Community ;
- " Ozone depleting potential " means the figure in Annex I representing the
    potential effect of each substance on the ozone layer ;
- " Calculated level index " in relation to production or permitted sales or
    use , means a quantity determined by multiplying the quantity of each
    substance by the ozone depleting potential of that substance specified in
    Annex I and adding together , for each Group of substances in Annex I , the
    resulting figures .
                                                                              3
 ---pagebreak---                                          - 4 -
                                        Part I
                                   Import régime
                                      Article 3
1.   The importation into the Community of chlorof luorocarbons and halons
    originating or     produced in      third countries    shall  be   subject   to
     quantitative limits with effect from 1st July 1989 .
2.   For this purpose the Community shall open the quotas set out in Annex II .
3 . The Commission ,   according to the procedure set out in Article 10, may
    modify the quotas set out in Annex II .
                                      Article 4
With effect from 1st January 1990 ,        the importation into the Community of
chlorof luorocarbons and halons originating or produced in third countries not
parties to the Protocol is prohibited .
                                      Article 5
The importation into the Community of products originating or produced in
third countries which are not parties to the Protocol ,                  containing
chlorof luorocarbons    or   halons ,      is   prohibited   with    effect    from
1st January 1993 .
The Council , on the proposal of the Commission , shall adopt before that date
the list of these products in the light of the deliberations of the Parties to
the Protocol . The Council shall act on the basis of qualified majority .
                                      Article 6
In the light of the deliberations 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 or produced in third
countries which are not Parties to the Protocol , which are produced with
chlorof luorocarbons or halons but which do not contain these substances .
The Council shall decide on the basis of qualified majority .
                                                                            Ίο
 ---pagebreak---                                          5
                                     Artide 7
The release into free circulation in the Community of a product which is
subject to a quota is subject to presentation of a licence to import .      This
licence is issued by the Commission in accordance with the procedure set out
i n Art i c le 10 .
A request for a licence shall contain :
( a ) the name and address of the importer
( b ) the description of the product stating :
      - the commercial description
      - the position in the combined nomenclature
      - the country of origin
      - the country from which the product is imported
( c ) a statement of the quantity of the product in units used normally in trade
( d ) the place and date of the proposed importation .
 ---pagebreak---                                        - 6 -
                                      PART II
                         Article 8   Control of production
1 . Each producer shall ,    subject to the provisions of paragraph 3 of this
    Article , ensure that :
    - the calculated level index of its production of chlorof luorocarbons in
      the period 1st July 1989 to 30 June 1990 , and in each 12 month period
      thereafter, does not exceed the calculated level index of its production
      in 1986 ;
    - the calculated level index of its production of chlorof luorocarbons in
      the period 1st July 1993 to 30 June 1994 and in each 12 month period
      thereafter , does not exceed eighty per cent of the calculated level index
      of its production in 1986 ;
    - the calculated level index of its production of chlorof luorocarbons in
      the period 1st July 1998 to 30 June 1999 , and in each 12 month period
      thereafter , does not exceed fifty per cent of the calculated level index
      of its production in 1986 .
2 . Each producer shall , subject to the provisions of paragraph 3 of this
    Article , ensure that the calculated level index of its production of halons
    in the period 1st January to 31st December 1992 , and in each 12 month
    period thereafter , does not exceed the calculated level index of its
    production of halons in 1986 .
3 . A producer may be authorised by the Commission to exceed the production
    levels set out in paragraph 1 and 2 for the purposes of industrial
    rationalisation 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 CFCs and of halons respectively of the Member
    States concerned do not exceed the levels permitted by Article 2 of the
    Protocol for the periods in question .         The Commission shall act in
    accordance with the procedure set out in Article 10 .
4 . Where a producer begins production after 1986 , the Commission will
    reallocate the total Community production of the controlled substances
    between all producers in accordance with the procedure set out in
    Article 10 .
                                     Article 9
        Control on consumption through control of supply in the Community
1 . This Article , together with the provisions in Part I of this Regulation
    regulates consumption of chlorof luorocarbons and halons in accordance with
    Article 2 of the Protocol .
2 . Each producer may sell or use within the Community from quantities produced
    by it .
 ---pagebreak---     - in the period 1st July 1989 to 30 June 1990 , and in each twelve month
      period thereafter , a quantity of chlorof luorocarbons having a calculated
      level index not exceeding the calculated level index of the quantity
      which it sold or used within the Community in 1986 ;
    - in the period 1st July 1993 to 30th June 1994 , and in each twelve month
      period thereafter , a quantity of chlorof luorocarbons having a calculated
      level index not exceeding eighty per cent of the calculated level index
      of the quantity which it sold or used in 1986 ;
    - in the period 1st July 1998 to 30th June 1999, and in each twelve month
      period thereafter , a quantity of chlorof luorocarbons having a calculated
      level index not exceeding fifty per cent of the calculated level index of
      the quantity which it sold or used in 1986 .
3 . Each producer may sell or use within the Community , in the period
    1st January 1992 to 31st December 1992 , and in each twelve month period
    thereafter , a quantity of halons having a calculated level index not
    exceeding the calculated level index of the quantity which it sold or used
    within the Community in 1986 .
4 . The quantities fixed by paragraphs 2 and 3 may be increased by the
    Commission if imports of chlorof luorocarbons or halons into the Community
    in any twelve month period to which paragraph 2 or paragraph 3 applies
    shall be less than       the   imports  of  chlorof luorocarbons  or  halons
    respectively in 1986 .
    Any imports permitted in accordance with Part I of this Regulation shall be
    in addition to the quantities which may be sold or used in accordance with
    this Article .
    The Commission shall act     in accordance with the procedure set out in
    Article 10 .
5 . Any producer having the right to sell or use may’ transfer its right in
    respect of all or any of the quantity fixed in accordance with this Article
    to any other producer within the Community . The producer acquiring the
    right shall immediately notify the Commission . A transfer of the right to
    sell does not imply additional right to produce .
 ---pagebreak---                                        - 8 -
                                     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 accorcance 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 previous paragraph .
                                    Article 11
                                  Data Report ing
Each producer , importer and exporter of chlorof luorocarbons and halons shall
communicate to the Commission ( before the 31st of July and the 31st January of
every year ) the figures of its :
- production
- sales within the Community
- imports
- exports ,  separately to countries Parties and non-Parties to the Montreal
  Protocol
- stocks
of each of the controlled substances of Annex I in respect of each six month
period beginning or 1.1.89 .
Each company which produced , imported or exported controlled substances in
1986 shall communicate to the Commission , by 30.11.88 , the same details in
respect of this year .
 ---pagebreak---                                        - 9 -
Producers   shall   also communicate   to  the    Commission  for  each    six  month
reporting period the data on amounts of the controlled substances destroyed by
technologies to be approved by the Parties to the Montreal Protocol .
These reports are due to the Commission in the reporting period following the
approval by the Parties to the Protocol of the above mentioned technologies .
The Commission will take the appropriate               measures   to    protect   the
confidentiality of the submitted data .
                                    Article 12
                                    Inspection
1 . In carrying out the duties 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 .
3 . At the request of the Commission , the competent authorities of the Member
    States shall undertake the investigations which the Commission considers to
    be necessary under this Regulation .          The officials of the competent
    authorities of the Member States responsible for conducting these
    investigations shall exercise their powers upon production of an
    authorisation in writing issued by the competent authority of the Member
    State   in    whose  territory    the    investigation     is    to   be made .
    Such authorization shall specify the subject matter and purpose of the
    investigation .
4 . If so requested by the Commission or by the compefent authority of the
    Member State in whose territory the investigation is to be made , the
    officials of the Commission may assist the officials of such authority in
    carrying out their duties .
                                   Article 13
If the Commission or the authorities of a     Member State find that any natural
or legal person has not complied with its      obligations under this Regulation ,
the authorities of the Member State            concerned shall take penal or
administrative action against that person .     In the case of any infringement of
Articles 8 or 9 the subsequent rights under this Regulation of the said person
shall be reduced by a quantity corresponding to the quantity involved in its
infringement .
                                                                          AJ
 ---pagebreak---                                     - 10 -
                                  Artide 14
This regulation shall come into force on 1st January 1989 .
The present Regulation shall be binding in its entirety and directly
applicable in all Member States .
                                                             Ίζ
 ---pagebreak---                                            11
                                        ANNEX I
CONTROLLED SUBSTANCES
I            I                                  I                              I
I Group      I         Substance                |  Ozone Depleting Potential * I
I            I                                  1                              I
I Group I    I    CFC13     ( CFC-11 )           I            1 .0             I
I            I    CF2C12    ( CFC-12 )           I            1.0               I
I            I    C2F3CI3   CCFC-113 )          I             0.8              I
I            I    C2F4C12   ( CFC-114 )          I            1.0              I
I            I    C2F5CI    ( CFC-115 )          I            0.6              I
I            I                                  I                              I
I Group II   I   CF2BrC l ( halon-1211 )        |             3.0              I
I           I    CF3Br    ( halon-1301 )        |            10.0              I
I           I    C2F4Br2  ( halon-2402 )        j     ( to be determined )     I
  These ozone depleting potentials are estimates based on existing knowledge
  and will be received and revised periodically .
 ---pagebreak---                                                                 ANNEX II
                  Quantitative Limits on Community Imports of Annex I substances from countries outside the Community
                                                                                  QUANTITATIVE LIMITS
                          Combined                                           From 1st July 89    For 12 month   For 12 month  For 12 month
    Combined
  Nomenclature          Nomenc lature       Description        Units         to 31 December      periods        periods       periods
                                                                             1989                From 01.01.90  From 01.07.93 From 01 . 07.98
                                                                                                 to 30.06.93    to 30.06.98   to 30.06.99
    Heading             Sub-headings
                                                                          *
                                                          Weighted tonnes            791              1 582         1 266          791
   2903 . AO . 00    ( To be specified | Group I  of
                       by DG XXI )      j Annex I
                     ( except CFC 115 ) |_
                                          Group II of     Weighted tonnes     For 12 month
                                          Annex I                            periods
                                                                              From 01 . 01 . 92
                                                                              to 31.12.93
                                                                                  15 000
NOTE : Weighted according to the Ozone depleting potentials specified in Annex I.
        This is equivalent to the calculated levels mentioned in the Regulation .
OQ
 ---pagebreak--- Fiche d' impact de certains actes législatifs sur les PME et l' emploi
     1.     OBLIGATIONS ADMINISTRATIVES DECOULANT DE L' APPLICATION DE LA
            LEGISLATION POUR LES ENTREPRISES
           Soumission des statistiques de la production et de l 'importation
           à la Commission .
     2.     AVANTAGES POUR L' ENTREPRISE
            - oui / rox#
            - LESÛUELL-ES
               Augmentation probable du prix de ces produits .
    3.      INCONVENIENTS POUR L' ENTREPRISE
            ( coût supplémentaires )
            - OUI /HWX
            - CONSEQUENCES
              Augmentation possible du coût de ces substances pour les
              entreprises qui les utilisent .
    U.      EFFETS SUR L' EMPLOI
           Réduction des emplois possibles en 1998 quand la production
           sera réduite de 50K .           !.               ,                 |
    5.     Y A - T - IL EU CONCERTATION PREALAELE AVEC LES PARTENAIRES
           SOCIAUX ?
           - OUI / ®
           - AVIS DES PARTENAIRES SOCIAUX                                   J
              Majorité des avis favorables . Consultation du CEFIC .        !
    6.     Y A - T - IL UNE APPROCHE ALTERNATIVE MOINS CONTRAIGNANTE ?
            NON              *                                             ‘