CELEX: 51993PC0202
Language: en
Date: 1993-06-09
Title: Proposal for a COUNCIL REGULATION (EEC) on substances that deplete the ozone layer

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(93) 202 final
                                                   Brussels, 9 June 1993
     :£>*
                                Proposal for a
                           COUNCIL REGULATION (EEC)
                  on substances that deplete the ozone layer
                         (presented by the Commission)
     • loi!
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 ---pagebreak---                          EXPLANATORY MEMORANDUM
    The purpose of the present proposal is to consolidate the existing
    Regulations (EEC) No 594/91 and (EEC) No 3952/92 and to implement in
    the Community the controls made necessary by the Copenhagen Amendment
    to the Protocol. The proposal also completes current Community
    legislation by rendering the recovery of used ozone depleting
    substances mandatory in certain cases in line with a Decision by the
    Parties.
    Council Regulation (EEC) No 594/91 of 4 March 1991 on substances that
    deplete the ozone layer (•*•), as amended through Regulation (EEC)
    No 3952/92^2),   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 as adjusted and
    amended in London in 199 0, to which the Member States and the
    European community are Parties, and as adjusted in Copenhagen in
    1992.
    The Scientific Assessment Panel 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 estimated
    ozone losses over the period December to March to be 5.5% per decade
     (range 2%-8%) 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 ppbv (parts per billion
    volume) to 4.1 ppbv in the year 2000. This increase in chlorine
    levels originates from emissions which took place prior to the
    discovery of the Antarctic ozone hole, and will occur even if all the
    Parties apply the Protocol as revised in 1990. To move down from this
    peak chlorine loading and to reduce the environmental effects
    associated with it, more stringent and comprehensive controls which
    could be rapidly implemented were required.
    In the light of this scientific evidence, the Parties to the Protocol
    decided in 1992 in Copenhagen, inter alia, to strengthen existing
    control measures on chlorofluorocarbons, halons, carbon tetrachloride
    and 1,1,1-trichloroethane, and to extend the controls to methyl
    bromide, hydrobromofluorocarbons and hydrochlorofluorocarbons. All
    these substances will be banned on a worldwide basis by 1 January
    19 96, except hydrochlorofluorocarbons, which are temporarily needed
    to replace the more harmful ozone depleting substances, and methyl
    bromide, on which there are ongoing investigations.
(1) OJ No L 67, 14.3.91, p. 1.
(2) OJ No L 405, 31.12.92, p. 41.
 ---pagebreak---                                     - 3
     The ratification of the Copenhagen Amendment to the Protocol and its
     implementation in the Community are in perfect harmony with the Fifth
    ncticn Prograir^c, which underlines        the necessity   to  further
     accelerate the phase-down of ozone depleting substances, even beyond
    what has been agreed at the international level(^). As regards the
    phase-out of chlorofluorocarbons, halons, carbon tetrachloride and
     1,1,1-trichloroethane, the implementation in the community of the
     Copenhagen adjustments occurs through Council Regulation        (EEC)
    No 3952/92,    which   phases-out    chlorofluorocarbons  and   carbon
    tetrachloride one year earlier than foreseen under the Protocol. As
    regards the controls en methyl bromide, hydrobromofluorocarbons and
    hydrochlorofluorocarbons a new proposal from the Commission for a
    Regulation is required, which will also tackle the issue of recovery
    of used substances for recycling or safe destruction purposes.
    The steady state ozone depletion potentials (ODP) of the controlled
    substances listed in the Montreal Protocol are substantial although
    they vary between and within control groups. For example, the ranges
    are as follows : CFCs (0.6 - 1.0); halons (3.0 - 10.0); carbon
    tetrachloride (1.1); 1.1.1-trichloroethane (O.l); methyl bromide
     (0.7); HBFCs (0.1 - 14.0); and HCFCs (0.005 - 0.52).
    The environmental reasons to go further than the Copenhagen Amendment
    and to implement stricter controls within the Community to reduce the
    effects of the peak chlorine loading are compelling. By the time the
    precise effects of such unprecedented levels of chlorine are known
    and understood, it will be too late to legislate to reduce the amount
    of damage caused. Furthermore, exceptionally high levels of chlorine
    will persist for at least ten years before decreasing significantly.
    Therefore at a minimum the Community will be confronted with 2 0 years
    of future uncertainty.
    Recently the World Meteorological Organization (Press Release No 507)
    published data from its Global Ozone observing System which showed
    that for the first half of March 1993 total ozone values were 20%-25%
    lower than long-term average values for an area stretching from
    Scandinavia and central Europe to the Pacific coast of Asia. Over a
    14-year period from 1979 to 1993 there has been a steady decline in
    the amount of total ozone recorded each winter between latitudes
    45°N-65°N. For the winter of 1992/93 the average reduction was
    greater than 14%. Unfortunately, this continuous and increasing ozone
    depletion derives from our initial failure to act rapidly to control
    CFCs and halons. Future controls on HBFCs, HCFCs and methyl bromide,
    however stringent, will not mitigate the environmental effects of
    unprecedent atmospheric chlorine levels by the year 2000. The
    controls in the present proposal will, however, ensure that the ozone
    layer is regenerated as quickly as possible.
    Emissions of chlorine and bromine from HCFCs and methyl bromide, if
    not regulated promptly, will make a substantial contribution to ozone
    destruction over the next 2 0 years. For example, the time dependent
    ODP of HCFC 22 over a five-year time interval is almost 3.5 times
    greater than its steady state value (0.19 compared to 0.055).
    Similarly, methyl bromide has a higher time-dependent ODP (15.3
    compared to 0.7) than any other controlled substance. On the basis of
    such information the 1991 UNEP Scientific Assessment Panel estimates
    that a 10% reduction in methyl bromide emissions would result in a
    decrease in stratospheric      bromine equivalent to a three-year
(3) COM(92) 23 final, Vol II, 27.-5.92 p. 41, 42, 81 and 84.
 ---pagebreak---     acceleration of the CFC phase-out schedule. It is worth remembering
    that bromine reacts synergistically with chlorine to destroy ozone
    and that as chlorine levels increase the efficiency of bromine to
    deplete ozone increases.
10. Finally, the Community should be progressive in its approach to
    implementing the Copenhagen agreements because lenient controls on
    KCFCs and methyl bromide will increase the length of time required
    for the ozone layer to return to "normal" which will add to the
    uncertainty concerning the environmental effects of depletion. Also,
    lenient controls on HCFCs and methyl bromide will reduce the
    significant gains that have been made in accelerating the reduction
    and phase-out schedules for CFCs, halons, carbon tetrachloride and
    1.1.1-trichlorethane.
11. In general terms, both within the Community and globally, the
    experience of the last five years has shown that the phase-out of
    ozone depleting substances is proceeding rapidly and at a much lower
    economic cost than expected. Contrary to expectations, the quality
    of goods and services has been maintained without price increases,
    and in many cases it has been relatively inexpensive, and sometimes
    even profitable, to find alternatives to ozone-depleting substances.
    Changes in regulatory regime imply that the costs associated with
    phase-out will also change. However, measurement of both costs and
    benefits is difficult and subject to substantial uncertainly, but it
    is clear that the benefits of regulatory action outweigh the costs
    even if quantification is not precise.
12. Since new scientific evidence continues to show accelerating and more
    extensive destruction of the Earth's ozone layer, the benefits
    accruing from the avoidance of environmental damage must also be
    greater. At the same time the economic cost of phasing-out ozone
    depleting substances has not increased in proportion to the benefits
    to be attained by prompt regulatory action, although it could rise
    markedly if insufficient time was allowed for substitutes and new
    technologies to become available. It is also true that any delay in
    the implementation of the 19 92 Copenhagen Amendment, and the
    consequent loss of benefits accruing from such delay, would exceed
    the cost savings that might be derived from the desire to make
    decisions on a more quantitative or cost-effective basis.
13. The environmental benefits accruing from more stringent provisions
    than those contained in the Copenhagen Amendment are difficult to
    quantify in detail. However, it has been estimated that a 10%
    decrease in ozone will be associated with between 1.6 and 1.8 million
    additional cases of eye cataracts in humans per year worldwide, and
    0.3 million additional cases of non-melanoma skin cancer (UNEP,
    Environmental Effects Panel Report, 1991). In addition, UV-B
    radiation will have a deleterious effect on food production and
    quality, on forestry and on natural ecosystems.
 ---pagebreak---                                      5 -
14.  Consumption of HCFCs within the Community will grow substantially
     unless a control system for such chemicals is implemented. During
     1989 European Industry consumed 1 869 ODP weighted tonnes of HCFCs.
     Three years later in 1992 this consumption value had risen to 3 336
    ODP weighted tonnes, an increase of 7 8%. In comparison, over the
     same period CFC consumption declined by 42% from 222 566 to 129 479
    ODP weighted tonnes. Therefore the mere imposition of controls will
    result in benefits to society and the environment. The need for
    controls on HCFCs was foreseen in the 199 0 London Resolution on
    Transitional Substances and the acceleration of the phase-out
     schedules  for CFCs, halons, carbon       tetrachloride  and   1.1.1-
    trichlorethane in previous Regulations (594/91/EEC and 3952/92/EEC)
    was accepted on the understanding that industry would be able to use
    HCFCs subject to limitations. Consequently, the present proposal is
    essentially concerned with limiting the use of HCFCs and on this
    basis the replacement cost, or cost to industry of making the
    transition from CFCs to HCFCs, has been met through previous
    Regulations.
15. The level of the cap, or quantitative limit, on the consumption of
    HCFCs has been selected to reflect the principles set down in the
    London Resolution which has now been formally incorporated into the
    Protocol through the Copenhagen Amendment. Namely, that HCFCs should
    not be used in applications which did not use controlled substances
    previously or where more environmentally suitable alternatives or
    technologies are available. Such restrictions must be followed by all
    Protocol Parties. At the intra-Community level the size of the cap
    has been calculated to reflect more detailed considerations which are
    idiosyncratic to the Community. For example, the calculated level of
    HCFC consumption is worked out in part on the consumption of CFCs in
    the 1989 base year. In 1989 Community consumption of CFCs in aerosols
    amounted to 22% of total consumption. This contrasts markedly with
    the consumption pattern of some of our international partners such as
    the United States of America who moved rapidly to eliminate use of
    CFCs in aerosols. Consequently, as it is not the Community's
    intention to allow the use of HCFCs in aerosols because this would
    involve direct emissions to the atmosphere, and as Article 2F
    paragraph 7(a)-(c) of the Protocol stipulates that HCFCs should only
    be used where absolutely necessary, the quantities that can be
    justifiably used in the Community will need to be less than the 3.1%
    cap agreed in Copenhagen.
16. From information supplied by the plastic foam, refrigeration and
    solvent sectors it was originally estimated that European user
    industries would require 7 352 ODP weighted tonnes of HCFCs. This is
    approximately equivalent to a cap set at 2.5% which would be reached
    in 1997. However, recent technical innovations have produced domestic
    refrigerators which operate using propane/butane refrigerant gases
    and which are insulated with foams made from other hydrocarbons. On
    this basis the European foam industry reduced its estimated need for
    HCFCs from 4 369 to 4 001 ODP weighted tonnes. The refrigeration and
    solvent sectors estimate that they will require 2 42 0 and 56 3 ODP
    weighted tonnes of HCFCs respectively. Overall the total estimated
    need of user industries for HCFCs has been revised downward to 6 9 84
    ODP weighted tonnes which is approximately equivalent to a cap set at
    2.3%. It is expected that following industrial projections a 2.3% cap
    will be reached in 1997 and a 2.5% cap will now be reached in 1998
    instead of 1997.
 ---pagebreak--- 17. The relevant cost to industry of limitations on the use of HCFCs is
    the cost of limiting consumption to 2.5%, but this cannot be
    calculated. The limit of the cap will be reached around 1998 and the
    prices paid for HCFCs over and above inflationary increases will
    depend on the demand situation at that time. It is also quite
    probable that technological developments between now and 1998 which
    reduce this perceived need make an evaluation of costs more
    difficult. Furthermore, the phase-out schedule associated with the
    cap has been chosen as the best estimate of the anticipated use
    profile for HCFCs. Therefore, depreciation costs in excess of normal
    depreciation are not anticipated.
18. The draft proposal addresses the question of partitioning rights to
    place HCFCs on the Community market through Article 4, paragraphs 8
    and 10. The model proposed is based on previous Regulations
    (3952/92/EEC, 594/91/EEC and 3322/88 EEC). However, the system will
    now be applied to an expanding HCFC market as opposed to a declining
    CFC market. It may be anticipated that such rights will attract more
    interest than in the past, but it is difficult to envisage designing
    an allocation system which is more equitable than that which has
    already been tried and tested. Statistical data from 19 89 onwards
    shows that all Community producers are selling HCFCs (period 19 89-
    1992) and that market shares at the present time are relatively
    stable. However, it cannot be excluded that some shortfalls in supply
    might occur in the future because some producers may choose not to
    use or transfer their consumption rights. Within the limits imposed
    by Community legislation the Commission will respond to avoid such
    shortages.
19. The costs and benefits associated with a reduced use profile for
    methyl bromide are somewhat different in nature. As methyl bromide
    has an extremely      high time-dependent    ODP the benefits     from
    substitution or emission control strategies will be greater on a per
    kilo basis than those for HCFCs. Reducing wasteful emissions will
    also result in cost savings to users. In general, there is much
    technical uncertainty about how the use of methyl bromide can be
    limited in existing applications and therefore detailed evaluation of
    costs is not possible. The proposed 25% cut in production and
    consumption of methyl bromide is more progressive than a freeze under
    the Protocol, but the reduction         is modest to reflect this
    uncertainty. Further reductions can be considered later on the
    basisof the findings of the UNEP Assessment Panels prior to the 1995
    meeting of the Protocol Parties. It is clear that part of the
    proposed 2 5% reduction can be met from substitution of methyl bromide
    by alternatives such as other chemical pesticides, biological control
    agents, soil solarisation, steam sterilization and changes in
    cropping practices as described in the UNEP Methyl Bromide Synthesis
    Report 1992.
 ---pagebreak---                                          - 7
   20.     During the Copenhagen meeting the Parties to the Protocol were unable
           to agree on more progressive measures because of the reluctance of
          Israel (a significant producer) and less-developed countries to
          accept methyl bromide as a controlled substance. Post-Copenhagen
          developed countries have the option to take stronger action, indeed
          such action is a necessity if we are to persuade developing countries
          to do more at the Seventh Meeting of the Protocol Parties in 1995. In
          this respect it is worth noting that the United States of America
          intends to phase-out production and consumption of methyl bromide by
          the year 2000.
  21.    There is a need for a Community action in order to rapidly implement
         the Copenhagen agreement. The Community is a key Party to the
         Protocol and therefore has to show unity and coherence vis-a-vis its
         negotiating partners and demonstrate its will to honour fully
         international commitments it has undertaken. Without a Community-wide
         implementation of its international obligations         the Community
         jeopardizes its credibility in future negotiations, even unrelated to
         the protection of the ozone layer. The proposal is based upon
        Article 130s because the Protocol is an environmental agreement which
        seeks to restrict the production and consumption of ozone-depleting
        substances. Article 113 has been added as a joint legal basis in so
        far as the Montreal Protocol includes trade provisions.
 22.    Formal and informal consultations with industry have taken place
        prior to the submission of this Proposal. While the producers of
        ozone depleting substances fully support the phase-down of ozone-
       depleting substances in the earliest possible time frame and without
       derogations, user industries point to the need for controlled
       substances in certain applications beyond the phase-out. Their
       concern will be accommodated through the recycling of used substances
       and through the possibility of exceptions for essential uses after
       the phase-out. The specific essential uses that will be given the
       possibility of using controlled substances for a determined period
       beyond phase-out will be determined during the implementation phase
       of this new Regulation in consultation with the Member States through
       the Management Committee of Article 16 of the Regulation and taking
       into account the results of a similar exercise to be conducted by the
       UNEP Technical and Economic Panel at the same time.
23.    There is no doubt that all OECD countries will implement the
       Copenhagen revision of the Protocol. Some of our international
       partners such as Japan will not go further than the Protocol
       requirements at the present time. Others, notably the United States
       of America, are prepared to do more. In America it is proposed that
       HCFCs with high ODPs, such aa HCFC 141b, will be phased-out in all
       applications by 2003. Less powerful HCFCs such as HCFCs 22 and 142b
       will be banned in new equipment from the year 2 010, and all other
       HCFCs such as 123, 124 and 225 will be phased-out by 2020 with only
       0.5% remaining to be eliminated by 2030. The USA also intends to
       phase-out production and consumption of methyl bromide by the year
       2 000. Among the EFTA countries, Sweden has announced its intention to
       ban the use of HCFCs in all applications by the year 2000. Moreover,
       some Member States have already adopted or are proposing national
       legislation to protect the ozone layer more effectively. For example,
 ---pagebreak---                                   - 8 -
    Germany has banned the use of HCFC 22 in all applications by the year
    2000 with the exception of closed circuit refrigeration systems.
    Denmark intends to phase-out all HCFCs by 2 002 and methyl bromide by
    199 8. For environmental, political and common market considerations
    the Community must be progressive in its approach to controlling
    HCFCs and methyl bromide. Consequently, it is proposed that HCFCs
    should be phased-out by 2016 and that production and consumption of
    methyl bromide should be reduced by 25% by 1996.
24. The European Community has ratified the Vienna Convention, the
    Montreal Protocol and the 199 0 London Amendment to the Protocol. The
    provisions of these international legislative instruments have been
    implemented in the community primarily through Regulations EEC
    No 3322/88, EEC No 594/91 and EEC No 3952/92. Consequently, this
    proposal also considers a new regulation to be the most effective and
    efficient instrument to implement the provisions of the 1992
    Copenhagen Amendment to the Protocol and to ensure harmonization of
    existing Community legislation.
 ---pagebreak---                                       - 9 -
                                Proposal for a
                           COUNCIL REGULATION (EEC)
                  on 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 Articles 113 and 130s thereof,
Having regard to the proposal from the commission,
Having regard of the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas Council Regulation (EEC) No 594/91 of 4 March 1991 on substances
that deplete the ozone layer(*) has been amended by Regulation (EEC)
No 3952/92< 2 ); whereas on the occasion of a further amendment it is
desirable in the interests of clarity to recast this Regulation;
Whereas in view of the responsibilities of the Community for the
environment and trade, all Member States and the Community have become
Parties to the Vienna Convention for the Protection of the Ozone Layer and
the Montreal Protocol on Substances that Deplete the ozone Layer as amended
by the Parties to the Protocol at their second meeting in London;
Whereas it is established that continued emissions of ozone-depleting
substances at current levels cause significant damage to the ozone layer;
Whereas, in the light of recent scientific evidence, the Parties to the
Montreal Protocol have adopted at their fourth meeting in Copenhagen, at
which the Community and the Member States played a leading role, a second
amendment to the Protocol comprising additional measures for the protection
of the ozone layer;
Whereas it is necessary for action to be taken at Community level to carry
out the Community's obligations under the Convention and the second
amendment to the Protocol, in particular to control within the Community
the production and supply of methyl bromide and hydrobromofluorocarbons,
and the supply and use of hydrochlorofluorocarbons;
Whereas, in the light notably of scientific evidence, it is appropriate in
certain cases to introduce control measures which are more severe than
those of the second amendment to the Protocol;
Whereas, bearing in mind the market structure for methyl bromide,
hydrobromofluorocarbons and hydrochlorofluorocarbons, it is appropriate -
to ensure fulfilment of the Community's obligations under the second
amendment to the Protocol - to control consumption of these substances by
controlling supply rather than demand; whereas supply can be controlled by
limiting sales and use by producers of their own production and release
into free circulation of imports;
(1)    OJ No L 67, 14.3.1991, p. 1.
(2)    OJ No L 405, 31.12.1992, p. 41
 ---pagebreak---                                        - 10 -
Whereas it is necessary to keep under review the evolution of the market
for ozone-depleting substances, particularly with regard to sufficient
supply for essential uses, and the state of development of appropriate
substitutes;
Whereas it is appropriate to promote the minimization of leakages of
ozone depleting substances and the recovery of such used substances for
recycling or safe destruction purposes,
HAS ADOPTED THIS REGULATION
                                   CHAPTER I
                            INTRODUCTORY PROVISIONS
                                   Article 1
                                      scope
This Regulation shall apply to the production, importation, exportation,
supply,    use   and/or recovery     of   chlorofluorocarbons,   other  fully
halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-
trichloroethane,      methyl      bromide,     hydrobromofluorocarbons    and
hydrochlorofluorocarbons. It shall also apply to the reporting of data on
these substances.
                                   Article 2
                                  Definitions
For the purposes of this Regulation :
      "Protocol" means the Montreal Protocol on Substances that Deplete the
      Ozone Layer, whether in its original version from 19 87 as adjusted in
      1990 and 1992, its amended version from 1990 as adjusted in 1992, or
      its amended version from 1992,
-      "Party" means any Party to the Protocol. However, as to the rights
      and obligations resulting from an amendment to the Protocol and any
      subsequent adjustments to this amendment, any state or regional
      economic integration organization for which that amendment has not
      entered into force is not considered as a Party,
      "controlled    substances" means chlorofluorocarbons, other       fully
      halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-
      trichloroethane,     methyl    bromide,   hydrobromofluorocarbons   and
      hydrochlorofluorocarbons, whether existing alone or in a mixture.
      This definition shall not cover any controlled substance which is in
      a manufactured product other than when in a container used for the
      transportation or storage of that substance, and insignificant
      quantities of any controlled substance originating from inadvertent
      or coincidential production during a manufacturing process, from
      unreacted feedstock, or from its use as process agent which is
      present in chemical substances as trace impurities, or that is
      emitted during product manufacture or handling,
 ---pagebreak---                                 - 11
 "chlcrofluorocarbons" me?ns th° controlled substances listed in Group
 I of Annex I, including their isomers;
 "other fully halogenated chlorofluorocarbons" means the controlled
 substances listed in Group II of Annex I, including their isomers;
 "halons" means the controlled substances listed in Group III of Annex
I, including their isomers;
 "carbon tetrachloride" means the controlled substance listed in Group
IV of Annex I;
 "1,1,1-trichloroethane"  means   the controlled substance  listed  in
Group V of Annex I;
"methyl bromide" means the controlled substance listed in Group VI of
Annex I;
"hydrobromofluorocarbons" means the controlled substances listed in
Group VII of Annex I, including their isomers;
"hydrochlorofluorocarbons" means the controlled substances listed in
Group VIII of Annex I, including their isomers;
"producer" means any natural or legal person manufacturing controlled
substances within the Community;
"production" means the amount of controlled substances produced,
minus the amount destroyed by technologies approved by the Parties
and minus the amount entirely used as feedstock in the manufacture
of other chemicals. Any amount recycled and re-used is not to be
considered as "production";
"undertaking" means any natural or legal person which produces,
recycles for placing on the market or uses in the Community
controlled substances for industrial or commercial purposes or which
releases into free circulation in the Community such imported
substances, or exports such substances 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
controlled substance on the ozone layer;
"calculated level" means a quantity determined by multiplying the
quantity of each controlled substance by the ozone-depleting
potential of that substance specified in Annex I and by adding
together, for each group of controlled substances in Annex I
separately, the resulting figures;
"industrial rationalization" means the transfer either between
Parties 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 efficiency of responding to anticipated
shortfalls in supply as a result of plant closures;
 ---pagebreak---                                     - 12 -
    "recovery" means    the   collection   and the storage  of controlled
   substances;
    "recycling" means all cleaning processes of controlled substances
   such as filtering and drying, distillation, and re-processing.
                                 CHAPTER II
                            PHASE-OUT SCHEDULE
                                 Article 3
             Control of production of controlled substances
1. Subject to the provisions of paragraphs 8 to 11, each producer shall
   ensure that:
        the calculated level of its production of chlorofluorocarbons in
        the period 1 January to 31 December 1993 does not exceed 50% of
        the calculated level of its production of chlorofluorocarbons in
        1986;
   -    the calculated level of its production of chlorofluorocarbons in
        the period 1 January to 31 December 1994 does not exceed 15% of
        the calculated level of its production of chlorofluorocarbons in
        19 86;
   -    there is no production of chlorofluorocarbons after 31 December
        1994.
   However, subject to the provisions of paragraphs 8 to 11, each
   producer in a Member State in which the calculated level of
   production of chlorofluorocarbons was less than 15 000 tonnes in 1986
   shall ensure that:
   -    the calculated level of its production of chlorofluorocarbons in
        the period 1 January to 31 December 1993 does not exceed 50% of
        the calculated level of its production of chlorofluorocarbons in
        1986;
   -    the calculated level of its production of chlorofluorocarbons in
        the period 1 January to 31 December 1994 and in the following 12-
        month period does not exceed 15% of the calculated level of its
        production in 19 86;
   -    there is no production of chlorofluorocarbons after 31 December
        1995.
   The Commission, in accordance with the procedure set out in
   Article 16, shall determine any essential uses of chlorofluorocarbons
   which may be permitted in the Community after 31 December 19 94 and
   any quantities of chlorofluorocarbons which may be produced by each
   producer for this purpose. such production shall be allowed only if
   adequate alternatives      or recycled chlorofluorocarbons are not
   available.
 ---pagebreak--- 2. Subject to the provisions of paragraphs 8 to 11, each producer r,hall
   ensure that:
   -    the calculated level of its production of other fully halogenated
       chlorofluorocarbons in the period 1 January to 31 December 1993,
       does not exceed   50% of the calculated level of its production of
       other fully halogenated chlorofluorocarbons in 1989;
       the calculated level of its production of other fully halogenated
       chlorofluorocarbons in the period 1 January to 31 December 1994
       does not exceed 15% of the calculated level of its production of
       other fully halogenated chlorofluorocarbons in 1989;
   -   there     is   no    production   of   other   fully   halogenated
       chlorofluorocarbons after 31 December 1994.
   The Commission, in accordance with the procedure set out in
   Article 16, shall determine any essential uses of other fully
   halogenated chlorofluorocarbons which may be permitted in the
   Community after 31 December 1994 and any quantities of other fully
   halogenated chlorofluorocarbons which may be produced by each
   producer for this purpose. Such production shall be allowed only if
   adequate    alternatives    or   recycled  other   fully   halogenated
   chlorofluorocarbons are not available.
3. Subject to the provisions of paragraphs 8 to 11, each producer shall
   ensure that:
   -   the calculated level of its production of halons in the period
       1 January to 31 December 1993 does not exceed the calculated
       level of its production of halons in 1986;
   -   there is no production of halons after 31 December 1993.
   The Commission, in accordance with the procedure set out in
   Article 16, shall determine any essential uses of halons which may be
   permitted in the community after 31 December 1993 and any quantities
   of halons which may be produced by each producer for this purpose.
   Such production shall only be allowed if adequate alternatives or
   recycled halons are not available.
4. Subject to the provisions of paragraphs 8 to 11, each producer shall
   ensure that :
   -   the calculated level of its production of carbon tetrachloride in
       the period 1 January to 31 December 1993 does not exceed 50% of
       the calculated level of its production of carbon tetrachloride in
       1989;
       the calculated level of its production of carbon tetrachloride in
       the period 1 January to 31 December 1994 does not exceed 15% of
       the calculated level of its production of carbon tetrachloride in
       1989;
   -   there is no production of carbon tetrachloride after 31 December
       1994.
 ---pagebreak---    The Commission, in accordance with the procedure set out in
   Article 16,   shall   determine    any   essential   uses   of    carbon
   tetrachloride which may be permitted         in the Community      after
   31 December 1994 and any quantities of carbon tetrachloride which may
   be produced by each producer for this purpose. Such production shall
   be allowed only if adequate alternatives or recycled carbon
   tetrachloride are not available.
5. subject to the provisions of paragraphs 8 to 11, each producer shall
   ensure that:
   -   the calculated level of its production of 1,1,1-trichloroethane
       in the period 1 January to 31 December 19 9 3 does not exceed the
       calculated level of its production of 1,1,1-trichloroethane in
       1989;
       the calculated level of its production of 1,1,1-trichloroethane
       in the period 1 January to 31 December 19 94 and in the following
       12-month period does not exceed 50% of the calculated level of
       its production of 1,1,1-trichloroethane in 19 89;
   -   there is no production of 1,1,1-trichloroethane after 31 December
       1995.
   The Commission, in accordance with the procedure set out in
   Article 16,   shall   determine    any   essential   uses   of    1,1,1-
   trichloroethane which may be permitted in the Community after
   31 December 1995 and any quantities of 1,1,1-trichloroethane which
   may be produced by each producer for this purpose. Such production
   shall be allowed only if adequate alternatives or recycled 1,1,1-
   trichloroethane are not available.
6. Subject to the provisions of paragraphs 8 to 11, each producer shall
   ensure that:
   -   the calculated level of its production of methyl bromide in the
       period 1 January to 31 December 1995 does not exceed the
       calculated level of its production of methyl bromide in 1991;
       the calculated level of its production of methyl bromide in the
       period 1 January to 31 December 1996 and in each 12-month period
       thereafter does not exceed 75% of the calculated level of its
       production of methyl bromide in 1991.
7. Subject to the provisions of paragrahs 9 to 11, each producer shall
   ensure that there is no production of hydrobromofluorocarbons after
   31 December 199 5.
   The Commission, in accordance with the procedure set out in
   Article 16,     shall    determine     any     essential     uses     of
   hydrobromofluorocarbons which may be permitted in the Community after
   31 December 1995 and any quantities of hydrobromofluorocarbons which
   may be produced by each producer for this purpose. Such production
   shall be allowed only       if adequate alternatives      or   recycled
   hydrobromofluorocarbons are not available.
 ---pagebreak---                                    - 15 -
8.  To the extent permitted by the Protocol, a producer may be authorized
    by the competent authority of the Member State in which its relevant
    production is situated, to exceed the calculated levels of its
    production set out in paragraphs 1 to 6 so as to satisfy the basic
    domestic needs of Parties operating under Article 5 of the Protocol,
    provided that the additional calculated levels of production of the
    Member State concerned do not exceed those permitted for this purpose
    by Articles 2A to 2E and 2H of the Protocol for the periods in
    question. The competent authority of the Member State concerned shall
    notify the Commission in advance of any such authorization.
9.  To the extent permitted by the Protocol, a producer may be authorized
    by the competent authority of the Member State in which its relevant
    production is situated, to exceed the calculated levels of its
    production set out in paragraphs 1 to 8 for the purpose of industrial
    rationalization within the Member State concerned, provided that the
    calculated levels of production of that Member State do not exceed
    the sum of the calculated levels of production of its domestic
    producers set out in paragraphs 1 to 8 for the periods in question.
    The competent authority of the Member State concerned shall notify
    the Commission in advance of any such authorization.
10. To the extent permitted by the Protocol, a producer may be authorized
    by the Commission, in agreement with the competent authority of the
    Member State in which its relevant production is situated, to exceed
    the calculated levels of its production allowed under paragraphs 1 to
    9 for the purpose of industrial rationalization between Member
    States, provided that the combined calculated levels of production
    of the Member States concerned do not exceed the sum of the
    calculated levels of production of their domestic producers set out
    in paragraphs 1 to 9 for the periods in question. The agreement of
    the competent authority of the Member State in which it is intended
    to reduce production shall also be required.
11. To the extent permitted by the Protocol, a producer may be authorized
    by the Commission, in agreement both with the competent authority of
    the Member state in which its relevant production is situated, and
    the government of the third Party concerned, to combine the
    calculated levels of its production allowed under paragraphs 1 to 10
    with the calculated levels of production allowed to a producer in a
    third Party under the Protocol and its domestic legislation for the
    purpose of industrial rationalization with a third Party, provided
    that the combined calculated levels of production by the two
    producers do not exceed the sum of the calculated levels of
    production allowed under paragraphs 1 to 10 to the Community producer
    and the calculated levels of production allowed to the third Party
    producer under the Protocol and its domestic legislation.
                                Article 4
               Control of supply of controlled substances
    Subject to the    provisions  of  paragraph 10,  each producer  shall
    ensure that:
 ---pagebreak---        the calculated level of chlorofluorocarbons which it places on
       the market or uses for its own account in the period 1 January to
       31 December 1993 does not exceed 50% of the calculated level of
       chlorofluorocarbons which it placed on the market or used for its
       own account in 19 86;
       the calculated level of chlorofluorocarbons which it places on
       the market or uses for its own account in the period 1 January to
       31 December 1994 does not exceed 15% of the calculated level of
       chlorofluorocarbons which it placed on the market or used for its
       own account in 19 86;
       it does not place on the market or use for        its own   account
       chlorofluorocarbons after 31 December 1994.
   The Commission, in accordance with the procedure set out in
   Article 16, shall determine any quantities of chlorofluorocarbons
   that could be placed on the market or used for its own account by
   each producer after 31 December 1994 for the purpose of essential
   uses.
2. Subject to the    provisions  of paragraph  10,  each   producer  shall
   ensure that:
   -   the     calculated    level   of    other     fully     halogenated
       chlorofluorocarbons which it places on the market or uses for its
       own account in the period 1 January to 31 December 1993 does not
       exceed 50% of the calculated level of other fully halogenated
       chlorofluorocarbons which it placed on the market or used for its
       own account in 19 89;
       the     calculated    level   of    other     fully     halogenated
       chlorofluorocarbons which it places on the market or uses for its
       own account in the period 1 January to 31 December 199 4 does not
       exceed 15% of the calculated level of other fully halogenated
       chlorofluorocarbons which it placed on the market or used for its
       own account in 1989;
   -   it does not place on the market or use for its own account other
       fully halogenated chlorofluorocarbons after 31 December 1994.
   The Commission, in accordance with the        procedure set out in
   Article 16, shall determine any quantities of other fully halogenated
   chlorof luorocarbons that could be placed on  the market or used for
   its own account by each producer after 31      December 1994 for the
   purpose of essential uses.
3. Subject to the provisions of paragraph 10, each producer shall ensure
   that:
   -   the calculated level of halons which it places on the market or
       uses for its own account in the period 1 January to 31 December
       1993 does not exceed the calculated level of halons which it
       placed on the market or used for its own account in 19 86;
       it does not place on the market or use for its own account halons
       after 31 December 1993.
 ---pagebreak---                                   - 17
   The Commission, in accordance with the procedure set out in
   Article 16, shall determine any quantities of halons that could be
   placed on the market or used for his own account by each producer
   after 31 December 1993 for the purpose of essential uses.
4. Subject to the provisions of paragraph 10, each producer shall ensure
   that:
       the calculated level of carbon tetrachloride    which it places on
       the market or uses for its own account in the  period 1 January to
       31 December 1993 does not exceed 50% of the    calculated level of
       carbon tetrachloride which it placed on the    market or used for
       its own account in 1989;
   -    the calculated level of carbon tetrachloride which it places on
       the market or uses for its own account in the period 1 January to
       31 December 1994 does not exceed 15% of the calculated level of
       carbon tetrachloride which it placed on the market or used for
       its own account in 1989;
   -    it does not place on the market or use for its own account carbon
       tetrachloride after 31 December 1994.
   The Commission, in accordance with the procedure set out in
   Article 16, shall determine any quantities of carbon tetrachloride
   that could be placed on the market or used by each producer for his
   own account after 31 December 1994 for the purpose of essential uses.
5. Subject to the provisions of paragraph 10, each producer shall ensure
   that:
   -   the calculated level of 1,1,1-trichloroethane which it places on
       the market or uses for its own account in the period 1 January to
       31 December 1993 does not exceed the calculated level of 1,1,1-
       trichloroethane which it placed on the market or used for its own
       account in 1989;
   -   the calculated level of 1,1,1-trichloroethane which it places on
       the market or uses for its own account in the period 1 January to
       31 December 1994 and in the following 12 month period does not
       exceed 50% of the calculated level of 1,1,1-trichloroethane which
       it placed on the market or used for its own account in 19 89;
       it does not place on the market or use for its own account 1,1,1-
       trichloroethane after 31 December 1995.
   The Commission, in accordance with the procedure set out in
   Article 16, 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 for the purpose of essential
   uses.
6. Subject to the provisions of paragraph 10, each producer shall ensure
   that:
   -   the calculated level of methyl bromide which it places on the
       market or uses for its own account in the period 1 January to
 ---pagebreak---                                  - 18 -
       31 December 1995 does not exceed the calculated level of methyl
       bromide which it placed on the market or used for its own account
       in 1991;
       the calculated level of methyl bromide which it places on the
       market or uses for its own account in the period 1 January to
       31 December 1996 and in each 12-month period thereafter does not
       exceed 7 5% of the calculated level of methyl bromide which it
       placed on the market or used for its own account in 1991.
7. Subject to the provisions of paragraph 10, each producer shall ensure
   that it does not place on the market or use for its own account
   hydrobromofluorocarbons after 31 December 1995.
   The Commission, in accordance with the procedure set out in
   Article 16, shall determine any quantities of hydrobromofluorocarbons
   that could be placed on the market or used for his own account by
   each producer after 31 December 1995 for the purpose of essential
   uses.
8. Subject to the provisions of paragraph 10, each producer shall ensure
   that:
       the calculated level of hydrochlorofluorocarbons which it places
       on the market or uses for its own account in the period 1 January
       to 31 December 1995 and in each 12-month period thereafter does
       not exceed the sum of :
       =   2.5 per cent of its calculated level of chlorofluorocarbons
           which it placed on the market or used for its own account in
           19 89; and
       =   its calculated level of hydrochlorofluorocarbons which      it
           placed on the market or used for its own account in 19 89;
       the calculated level of hydrochlorofluorocarbons which it places
       on the market or uses for its own account in the period 1 January
       to 31 December 2000 and in each 12-month period thereafter does
       not exceed 75% of the sum referred to in the first indent;
       the calculated level of hydrochlorofluorocarbons which it places
       on the market or uses for its own account in the period 1 January
       to 31 December 2004 and in each 12-month period thereafter does
       not exceed 40% of the sum referred to in the first indent;
   -   the calculated level of hydrochlorofluorocarbons which it places
       on the market or uses for its own account in the period 1 January
       to 31 December 2008 and in each 12-month period thereafter does
       not exceed 20% of the sum referred to in the first indent;
       the calculated level of hydrochlorofluorocarbons which it places
       on the market or uses for its own account in the period 1 January
       to 31 December 2012 and in each 12-month period thereafter does
       not exceed 5% of the sum referred to in the first indent;
   -   it does not place on the market or use for its own         account
       hydrochlorofluorocarbons after 31 December 2014.
 ---pagebreak---                                      19 -
    By way of derogation from this paragraph, an individual producer may
    be permitted to exceed the above levels on the conditions laid down
     in paragraph 10.
9.  The quantities referred to in paragraphs 1 to 8 apply to the amounts
    of virgin substances which the producer places on the market or uses
    for its own account within the Community from Community production or
    releases into free circulation from imports into the Community.
10. Any producer having the right to place on the market or use for its
    own account the substances referred to in this Article may transfer
    its right in respect of all or any quantities 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 place on the market or use does not imply
    an additional right to produce.
    At the request of a producer, the Commission may adopt measures to
    respond to any shortfalls in its right to place on the market or use
    for its own account hydrochlorofluorocarbons to the extent permitted
    by the Protocol.
                                 Article 5
                Control of use of hydrochlorofluorocarbons
1.  Commencing on the first day of the sixth month following the entry
    into force of this Regulation, the use of hydrochlorofluorocarbons
    shall be banned, except
         as solvents;
         as refrigerants;
    -    for the production of plastic foams;
         in laboratory uses, including research and development; and
         in the medical field.
2.  With effect from 1 January 1995, the use of hydrochlorofluorocarbons
    shall be banned
    -    in aerosol containers;
    -    in non-contained solvent uses including open-top cleaners and
         open-top dewatering systems, aerosols, adhesives, mould release
         agent and drain cleaning;
         as refrigerants in open equipment;
         as refrigerants in home refrigeration equipment, automotive and
         passenger transport air conditioning, in public and distribution
         cold stores and warehouses, and in industrial food processing,
         cooling and freezing within industrial installations if produced
         after 31 December 1994;
 ---pagebreak---                                      - 20 -
        for the production of flexible or rigid non-insulating foams
        except for the production of integral skin foams for safety
        applications; and
    -   as sterilants.
3.  The Commission, in accordance with the procedure set out in
    Article 16 shall define the areas of application referred to in
    paragraphs 1 and 2 and may, in the light of technical progress, amend
    the list set out in paragraph 2.
4.  without   prejudice     to   the    provisions  of   Council   Directive
    83/189/EEc( 3 ), Member States shall notify        the drafts of the
    measures they intend to adopt to the Commission     in order to allow it
    to examine them in the light of existing            provisions and, if
    required, to ask Member States to suspend their    adoption.
                                CHAPTER III
                                TRADE REGIME
                                 Article 6
                   Licence to import from third countries
    The release into free circulation in the Community of controlled
    substances which are subject to the quotas referred to in Article 7
    shall be subject to presentation of an import licence, be the
    substances virgin, used or recycled. This licence shall be issued
    by the Commission upon verification of the respect of Articles 6, 7,
    8 and 12. The Commission shall forward a copy of this licence to
    the competent authority of the Member State into which the
    importation is expected to take place. To this end, each Member
    State shall determine its competent authority.
    A request for a licence shall contain:
    (a) the name and the address of the importer and the exporter;
    (b) the country of exportation;
    (c) the description of each controlled substance stating:
        - the commercial description;
        - the heading and the CN code;
        - the nature of the substance (virgin, used or recycled);
        - the quantity of the substance in kilogrammes;
(3) OJ No L 109, 26.4.1983, p. 8.
 ---pagebreak---                                    - 21 -
    (d) a statement of the purpose of the proposed import (destruction by
        technologies approved by the Parties, recycling, feedstock use or
        other use of the controlled substance);
    (e) the place and date of proposed importation, if known.
                                Article 7
      Importation from third countries of controlled   substances
1. Without prejudice to Article 4(9) and unless the substances are used,
   recycled or destined for destruction by a technology approved by the
   Parties or for feedstock use in the manufacture of other chemicals,
   the release into free circulation in the Community of controlled
   substances imported from third countries shall be subject to
   quantitative limits.
2. The Community shall open the quotas set out in Annex II, which shall
   be applicable for each 12-month period laid down in that Annex, and
   allocate them to undertakings in accordance with the procedure set
   out in Article 16.
3. The Commission, in accordance with the procedure          set   out  in
   Article 16, may modify the quotas set out in Annex II.
                               Article 8
         Importation from non-Parties of controlled substances
1. The release into free circulation in the Community of virgin, used or
   recycled      chlorofluorocarbons,     other     fully      halogenated
   chlorofluorocarbons,    halons , carbon     tetrachloride   or   1,1,1-
   trichloroethane imported from any State which is not a Party shall be
   prohibited.
2. Commencing one year after the date of the entry into force of the
   amendment to the Protocol as adopted by the Parties in Copenhagen,
   the release into free circulation in the Community of virgin, used
   or recycled hydrobromofluorocarbons imported from any State which is
   not a Party shall be prohibited. The Commission shall publish the
   date of the entry into force of this amendment in the Official
   Journal of the European Communities.
                               Article 9
               importation from non-Parties of products
                   containing controlled substances
1. Subject to the decision referred to in paragraph 4, the release into
   free circulation in the Community of products imported from any State
   which is not a Party containing chlorofluorocarbons or halons shall
   be prohibited.
 ---pagebreak---                                     - 22 -
2.    Subject to the decision referred to in paragraph 4, the release into
      free circulation in the Community of products imported from any State
      which    is  not   a   Party   containing  other   fully  halogenated
      chlorofluorocarbons, carbon tetrachloride or 1,1,1-trichloroethane
      shall be prohibited .
3.    Subject to the decision referred to in paragraph 4, the release into
      free circulation in the Community of products imported from any State
      which is not a Party containing hydrobromofluorocarbons shall be
      prohibited.
4.    The Commission, in accordance with the procedure set out in
      Article 16, shall adopt the lists of the products referred to in
      paragraphs 1, 2 and 3 in the light of the lists established by the
      Parties.
                                  Article 10
                  Importation from non-Parties of products
                    produced with controlled substances
In the light of the decision of the Parties, the Council, on a proposal
from the Commission, shall adopt rules applicable to the release into free
circulation in the Community of products imported from any State which is
not a Party which are produced with controlled substances but which do not
contain these substances. The Council shall act by a qualified majority.
                                  Article 11
            Exportation to non-Parties of controlled substances
1.    The exportation from the Community of virgin, used or recycled
      chlorofluorocarbons, other fully halogenated chlorofluorocarbons,
      halons, carbon tetrachloride or 1, 1,1-trichloroethane to any State
      which is not a Party shall be prohibited.
2.    Comencing one year after the date published in the Official Journal
      pursuant to Article 8(2), the exportation from the Community of
      virgin, used or recycled hydrobromofluorocarbons to any state which
      is not a Party shall be prohibited.
                                  Article 12
                  Exceptional authorization to trade with
                                 non-Parties
By derogation from Article 8, Article 9(1), (2) and (3) and Article 11,
the trade of controlled substances, as well as products which contain
and/or are produced with one or several of these substances, with any non-
party may be permitted by the Commission, to the extent that the non-Party
is determined by a meeting of the Parties to be in full compliance with
Article 2, Articles 2A to 2E, Article 2G and Article 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 16.
 ---pagebreak---                                               - 23 -
                                        Article 13
             Trc.dc *'ith "•"Tr:5 •*"0T"i*3C' nr»t- rnvprpd bv the Protocol
The trade of controlled substances ac- well es products which contain and/or
are produced with one or ^cverff.i substances with a territory not covered by
the Protocol is prohibited according to the provisions of Article 8,
Article 19(1) and Article 11.
In accordance with the procedure set out in Article 16, the Commission may
derogate from the rule referred to in the first paragraph to the extent
that the authorities of the territories in question provide guarantees
which the commission is satisfied are equivalent to those set out in
Article 12.
                                        CHAPTER IV
                                  EMISSIONS CONTROL
                                        Article 14
                    Recovery of used controlled substances
Commencing on the first day of the fourth month following the date of the
entry into force of this Regulation, chlorofluorocarbons, other fully
halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-
trichloroethane,    hydrobromofluorocarbons              and   hydrochlorofluorocarbons
contained in
      stationary commercial and industrial refrigeration equipment and air
      conditioning;
-     mobile refrigeration and mobile air-conditioning equipment;
-     fire protection systems; and
-     cleaning machinery containing solvents
shall be recovered as appropriate for destruction by technologies approved
by the Parties or for recycling purposes during the servicing and
maintenance of equipment as well as prior to equipment dismantling or
disposal.
The Commission, in accordance with the procedure set out in Article 16,
shall define the areas of application referred to in the first paragraph.
                                        Article 15
                       Leakages of controlled substances
Commencing on the first day of the fourth month following the date of the
entry into force of this Regulation, all precautionary measures should be
taken to avoid leakages of chlorofluorocarbons, other fully halogenated
chlorofluorocarbons,           halons,               hydrobromofluorocarbons        and
hyodrochlorofluorocarbons from commercial and industrial air-conditioning
and refrigeration equipment during manufacture, installation, operation and
servicing.
 ---pagebreak---                                      - 24 -
                                  CHAPTER V
              MANAGEMENT, DATA REPORTING AND FINAL PROVISIONS
                                 Article 16
                                 Management
The Commission shall be assisted by a committee composed of 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 limit referred to in the third paragraph.
                                 Article 17
                               Data reporting
      Each producer, importer and/or exporter of controlled substances
      shall communicate to the Commission, with a copy to the competent
      authority of the Member State concerned, not later than 31 March of
      any year, beginning in 1995, its:
      -   total production;
      -   increase in production in terms of Article 3(8) to satisfy basic
          domestic needs of Parties operating under Article 5 of the
          Protocol;
          increase in production in terms of Article 3(9), (10) and (11)
          upon authorized industrial rationalisations;
      -   quantities recycled;
      -   quantities destroyed in accordance with technologies approved by
          the Parties;
      -   stocks;
 ---pagebreak---                                     25 -
    -   release into free circulation in the Community of imported virgin
        substances, separately from Parties and non-Parties;
   -    exports of production from the Community, separately to Parties
       and non-Parties;
       exports of recycled quantities from the community, separately to
       Parties and non-Parties;
   -    production placed on the market or used for the producer ' s own
       account inside the Community;
   -    recycled quantities placed on the market or         used for  the
       undertaking•s own account inside the Community;
   -    amounts used for feedstocks;
   of each of the controlled substances      in respect  of  the previous
   period 1 January to 31 December.
   Notwithstanding these obligations, the communication referred to in
   this paragraph for the period 1 January to 31 December 1993 shall be
   done not later than the last day of the fourth month following the
   date of the entry into force of this Regulation.
   Each producer, importer and/or exporter of methyl bromide in 1991
   shall communicate to the Commission, with a copy to the competent
   authority of the Member State concerned, the data referred to in
   paragraph 1 in respect of that year not later than the last day of
   the fourth month following the date of the entry into force of this
   Regulation.
   The Commission shall take the appropriate measures to protect the
   confidentiality of the data submitted.
                              Article 18
                              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.
3. The competent authorities of the Member States shall undertake the
   investigations which the Commission considers to be necessary under
   this Regulation.
 ---pagebreak---                                      - 26 -
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 shall take the appropriate measures to protect the
      confidentiality of information of information obtained pursuant to
      this Article.
                                 Article 19
                                  Sanctions
Each Member State shall determine the penalties to be imposed in the event
of failure to comply with this Regulation or with any national measures
taken to secure its implementation; such penalties shall be effective,
shall be commensurate with their purpose and shall have adequate deterrent
effect.
                                 Article 2 0
Regulation (EEC) No 594/91 is repealed.
                                 Article 21
                             Entry into force
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                                For the Council,
                                                 The President
 ---pagebreak---                                                    AMJWfX J
                                  Substances cuvttred    by the         Regulation
   Group                                    SubBta   nee                                Ozone-depleting
                                                                                         potential(*)
Group I               CFC13                           (CFC- 11)                                1.0
                      CF2CL2                          (CFC- 12)                                1.0
                      C2F3C13                         (CFC-113)                                0.8
                      C2F4C12                         (CFC-114)                                1.0
                      C2F5C1                          (CFC-115)                                0.6
Group  II             CFjCL                           (CFC- 13)
                      C2FC15                          (CFC- 111)
                      C2F2C14                         (CFC- 112)
                      CjFCl?                          (CFC- 211)
                      CjF2Clt                         (CFC- 212)
                      C3F3C1,                         (CFC- 213)
                      C F C1
                        3 4 <                         (CFC- 214)
                      C3F5C1:                         (CFC- 215)
                      C3F6C1.                         (CFC- 216)
                      C3F?C1                          (CFC- 217)
Group  III            CF2BrCl                         (halon-1211)                             3.0
                      CF3Br                           (halon-1301)                           10.0
                      C2F4Br2                         (halon-2402)                             6.0
Group IV              CCI,                            (carbon            tetrachloride)        1.1
Group V               C
                        2»3C13(2>                     (1,1,1-trichloroethane)                  0.1
Group VI              CH-,Br                          (methyl       bromide)                 0. 7
   (1)     These ozone-depleting potentials are estimates based on existing
           knowledge and will be reviewed and revised periodically in the light
           of decisions taken by the Parties to the Montreal Protocol on
           substances that deplete the ozone layer.
   (2)     This formula does not refer to 1,1,2-trichloroethane.
 ---pagebreak---      - 28 -
Substance   Ozone-depleting
             potential
                 1.00
                 0.74
                 0.73
                 0.8
                 1.8
                 1.6
                 1.2
                 1.1
                 1.5
                 1.6
                 1.7
                 1.1
                 0.1
                 1.5
                 1.9
                  1.8
                 2.2
                 2.0
                 3.3
                  1.9
                 2.1
                  5.6
                  7.5
                  14
                  1.9
                 3.1
                 2.5
                 4.4
                 0.3
                  1.0
                 0.8
                 0.4
                 0.8
                 0.7
 ---pagebreak---                   Substance           Ozone-de^pleting
                                       potential
CHFC12                   (HCFC •21)        0.04
CHF2C1                   (HCFC •22)        0.055
CH2FC1                   (HCFC •31)        0.02
C2HFC14                  (HCFC -121)       0.04
C2HF2C13                 (HCFC -122)       0.08
                         (HCFC -123)       0.06
C2HF4C1                  (HCFC •124)       0.04
C2H2FC13                 (HCFC -131)       0.05
c H F Cl
                         (HCFC •132)       0.05
 2 2 2 2
C2H2F3C1                 (HCFC •133)       0.06
                         (HCFC -141)       0.11
C2H3F2C1                 (HCFC •142)       0.07
C2H4FC1                  (HCFC -151)       0.005
C3HFC16                  (HCFC •221)       0.07
C3HF2C15                 (HCFC •222)       0.09
                         (HCFC •223)       0.08
C3HF3C14
                         (HCFC -224)       0.09
C3HF4C13
                         (HCFC •225)
C3HF5C12                                   0.07
                         (HCFC •226)
C3HF6Cl                                    0.10
                         (HCFC -231)
C3H2FC15                                   0.09
                         (HCFC
C H F Cl
 3 2 2 4                        •232)      0.10
                         (HCFC
C3H2F3C13                       •233)      0.23
                         (HCFC
C H F C1
 3 2 4 2                        -234)      0.28
                         (HCFC
C3H2F5C1                        •235)      0.52
                         (HCFC
C3H3FC14                        •241)      0.09
                         (HCFC
c H F Cl
 3 3 2 3                        -242)      0.13
                         (HCFC
c H F Cl
 3 3 3 2                        -243)      0.12
                         (HCFC
C3H3F4C1                        •244)      0.14
                         (HCFC
C3H4FC13                        •251)      0.01
                         (HCFC
c H F Cl
 3 4 2 2                        •252)      0.04
                         (HCFC
C o HA F -3 C7 J.               •253)      0.03
                         (HCFC
                                •261)      0.02
C3HSFC12                 (HCFC
                                •262)      0.02
                         (HCFC-
                                •271)      0.03
C3H6FC1
 ---pagebreak---                                                                 - 30 -
                                                                   ANNEX II
                                  Quantitative       limita      on importa     from third        Countriea
                                          (calculated        levels   expressed      in     tonnes)
                      Group   I    Group     II     Group        III  Group     IV       Group V       Group     VI    Group   VII Group   VIII
      Substance                                                                                        (% of      1991
                                                                                                         imports)
                                                                                                            (1)
For     12-month
periods      from
1 January      to
31 December
      1993            1161          14                      700          1288              23 78
      1994             348           4                         0           386             1189
      1995                0          0                                        0            1189           100%                          60
      1996                                                                                     0            75%                         60
      1997                                                                                                  75%                         60
      1998                                                                                                  75%                         60
      1999                                                                                                  75%                         60
      2000                                                                                                  75%                         45
      2001                                                                                                  75%                         45
      2002                                                                                                  75%                         45
      2003                                                                                                  75%                         45
      2004                                                                                                  75%                         24
      2005                                                                                                  75%                         24
      2006                                                                                                  75%                         24
      2007                                                                                                  75%                         24
      2008                                                                                                  75%                         12
      2009                                                                                                  75%                         12
      2010                                                                                                  75%                          3
      2011                                                                                                  75%                          3
      2012                                                                                                  75%                          3
      2013                                                                                                  75%                          3
      2014                                                                                                  75%                          3
      2015                                                                                                  75%                          0
and        thereafter
(1)   These percentages     will  be replaced       by absolute       figures      as soon    as   these     figures    are  available.    They
      will be published     by the Commission       in the Official             Journal.
 ---pagebreak---                                                              ANNEX III
   Codes   and deacriptiana  of  the combined     nomenclature       for   the     substances      referred      to in Annexes      I and J!
        CN   code                                                Description
    2903   40 10            - - -        Trichlorofluoromethane
    2903   40 20            - - -        Dichlorodifluoromethane
    2903  40 30             - - -           Trichlorotrifluoroethane
    2903  40 40             - - -           Dichlorotetrafluoroethane
    2903  40 50             - - -         chloropentafluoroethane
ex  2903  40 61             - - - - Chlorotrifluoromethane,             Pentachlorofluoroethane,                        Tetrachlorodifluoroethane,
                                     Heptachlorofluoropropane,             Hexachlorodifluoropropane,                        Pentachlorotrifluoro-
                                     propane,     Tetrachlorotetrafluoropropane,                            Trichloropentafluoropropane,
                                     Dichlorohexafluotopropane             or            Chloroheptafluoropropane
    2903  40 70             - - -       Bromotrifluoromethane
    2903  40   80           - - -         Dibromotetrafluoroethane
    2903  40 91             - - -        Bromochlorodifluoromethane
    2903  14 00             - - Carbon         tetrachloride
    2903   19 10            - - -         1,1,1-Trichloroethane
ex  3823  90   96           - - - - Mixtures      containing      products       falling     within     codes    2903  40 10,    2903   40    20,
                                     2903 40 30, 2903 40 40, 2903                40 50 or 2903        40 61
ex  3823  90   97           - - - - Mixtures      containing      products      falling      within    codes     2903  40 70,    2903   40    80,
                                     2903 40 91 or 3823         90 96
ex  3823  90   98           - - - Mixtures     containing      products      falling      within    codes     2903   14 00 or 2903      19 10
 ---pagebreak---  ---pagebreak---                                                ^                     ISSN 0254-1475
                                                              COM(93) 202 final
                                                      DOCUMENTS
EN                                                                              14
                                Catalogue number : CB-CO-93-307-EN-C
                                                             ISBN 92-77-56747-3
Office for Official Publications of the European Communities
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