CELEX: 32005D0625
Language: en
Date: 2005-08-23 00:00:00
Title: 2005/625/EC: Commission Decision of 23 August 2005 determining the quantities of methyl bromide permitted to be used for critical uses in the European Community from 1 January to 31 December 2005 pursuant to Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer (notified under document number C(2005) 468)

24.8.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 219/47
            
         
      COMMISSION DECISION
   
   of 23 August 2005
   determining the quantities of methyl bromide permitted to be used for critical uses in the European Community from 1 January to 31 December 2005 pursuant to Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer
   (notified under document number C(2005) 468)
   (Only the Dutch, English, French, German, Greek, Italian, Polish, Portuguese and Spanish texts are authentic)
   (2005/625/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (1), and in particular Article 3(2)(ii) thereof,
   Whereas:
   
               (1)
            
            
               Articles 3(2)(i)(d) and 4(2)(i)(d) of Regulation (EC) No 2037/2000 prohibit the production and import respectively of methyl bromide for all uses after 31 December 2004 except, among others, for critical uses in accordance with Article 3(2)(ii) and the criteria set out in Decision IX/6 of the Parties to the Montreal Protocol. Exemptions for critical uses are intended to be limited derogations to allow a short period of time for the adoption of alternatives.
            
         
               (2)
            
            
               Decision IX/6 states that methyl bromide should qualify as ‘critical’ only if the applicant determines that the lack of availability of methyl bromide for that specific use would result in a significant market disruption; and that there are no technically and economically feasible alternatives or substitutes available to the user that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances of the nomination. Furthermore, the production and consumption, if any, of methyl bromide for critical uses should be permitted only if all technically and economically feasible steps have been taken to minimise the critical use and any associated emission of methyl bromide. An applicant should also demonstrate that an appropriate effort is being made to evaluate, commercialise and secure national regulatory approval of alternatives and substitutes; and that research programmes are in place to develop and deploy alternatives and substitutes.
            
         
               (3)
            
            
               The Commission received 84 proposals for critical uses of methyl bromide from 10 Member States including Belgium (60 825 kg), France (467 135 kg), Germany (45 250 kg), Greece (227 280 kg), Italy (2 298 225 kg), Poland (44 100 kg), Portugal (130 000 kg), Spain (1 059 000 kg), the Netherlands (120 kg) and the United Kingdom (140 408 kg). A total of 4 472 343 kg was requested, comprising 4 111 640 kg (92 %) for pre-harvest uses and 360 703 kg (8 %) for post-harvest uses of methyl bromide.
            
         
               (4)
            
            
               The Commission applied the criteria contained within Decision IX/6 and Article 3(2)(ii) of Regulation (EC) No 2037/2000 in order to determine the amount of methyl bromide that is eligible to be licensed for critical uses in 2005. The Commission found that adequate alternatives were available in the Community and had become more prevalent in many Parties to the Montreal Protocol in the period since the critical use proposals were compiled by Member States. As a result, the Commission determined that 2 777 333 kg of methyl bromide can be used in 2005 to satisfy critical uses in each of these Member States. This amount equates to 14,4 % of 1991 consumption of methyl bromide in the European Community and indicates that more than 85 % of the methyl bromide has been replaced by alternatives. The critical-use categories are similar to those defined in Annex II Table A of the reports of the First Extraordinary Meeting of the Parties to the Montreal Protocol (2), and in Table 1A of Decision XVI/2 at the Sixteenth Meeting of the Parties to the Montreal Protocol (3).
            
         
               (5)
            
            
               Article 3(2)(ii) of Regulation (EC) No 2037/2000 requires the Commission to also determine which users may take advantage of the critical use exemption. As Article 17(2) of Regulation (EC) No 2037/2000 requires Member States to define the minimum qualification requirements for personnel involved in the application of methyl bromide, and as fumigation is the only use, the Commission determined that methyl bromide fumigators are the only users proposed by the Member State and authorised by the Commission to use methyl bromide for critical uses. Fumigators are qualified to apply it safely, rather than for example farmers or mill owners that are generally not qualified to apply methyl bromide but who own properties on which it will be applied.
            
         
               (6)
            
            
               Decision IX/6 states that production and consumption of methyl bromide for critical uses should be permitted only if methyl bromide is not available from existing stocks of banked or recycled methyl bromide. Article 3(2)(ii) of Regulation (EC) No 2037/2000 states that production and importation of methyl bromide shall be allowed only if no recycled or reclaimed methyl bromide is available from any of the Parties. In accordance with Decision IX/6 and Article 3(2)(ii) of Regulation (EC) No 2037/2000, the Commission determined that 205 926 kg of stocks are available for critical uses. The European Commission has put in place licensing procedures to ensure stocks are used before methyl bromide is authorised for importation or production.
            
         
               (7)
            
            
               As critical uses of methyl bromide apply from 1 January 2005, and for the purpose of ensuring that interested companies and operators may benefit from the licensing system, it is appropriate that this present decision shall apply from that date.
            
         
               (8)
            
            
               The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Regulation (EC) No 2037/2000,
            
         HAS ADOPTED THIS DECISION:
   Article 1
   The Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Kingdom of The Netherlands, the Republic of Poland, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland shall be permitted to use a total of 2 777 333 kg of methyl bromide for critical uses from 1 January to 31 December 2005 for the specific quantities and categories of use described in Annexes I to X.
   Article 2
   Stocks declared available for critical uses by the competent authority of each Member State shall be deducted from the amount that can be imported or produced to satisfy critical uses in that Member State.
   Article 3
   This Decision is addressed to the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, Kingdom of the Netherlands, the Republic of Poland, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland.
   Article 4
   This Decision shall apply from 1 January 2005 and shall expire on 31 December 2005.
   
      Done at Brussels, 23 August 2005.
      
         
            For the Commission
         
         Stavros DIMAS
         
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Commission Regulation (EC) No 2077/2004 (OJ L 359, 4.12.2004, p. 28).
   
      (2)  UNEP/OzL.Pro.ExMP/1/3. First Extraordinary Meeting of the Parties to the Montreal Protocol, held 24-26 March 2004 in Montreal, Canada. www.unep.org/ozone/Meeting_Documents/mop/index.asp
   
      (3)  UNEP/OzL.Pro.16/Dec XVI/2. Sixteenth Meeting of the Parties to the Montreal Protocol, held 22-26 November 2004 in Prague, Czech Republic. www.unep.org/ozone
   
      ANNEX I
      KINGDOM OF BELGIUM
      
                  Categories of permitted critical uses
               
               
                  Kg
               
            
                  Greenhouse soil-bound lettuce cultivation
               
               
                  23 000
               
            
                  Endive cultivation
               
               
                  2 190
               
            
                  Greenhouse soil-bound tomato cultivation
               
               
                  4 846
               
            
                  Greenhouse soil-bound pepper and eggplant cultivation
               
               
                  3 000
               
            
                  Greenhouse soil-bound cucumber cultivation
               
               
                  549
               
            
                  Open-field white asparagus cultivation
               
               
                  225
               
            
                  Strawberry runner cultivation
               
               
                  2 306
               
            
                  Berryfruit (all except strawberry, replant)
               
               
                  1 350
               
            
                  Open-field, soil-bound leek and onion seeding fields only
               
               
                  660
               
            
                  Cut-flowers protected (except rose and chrysanthemum)
               
               
                  2 794
               
            
                  Protected, cut-flower chrysanthemum cultivation
               
               
                  896
               
            
                  Open-field, soil-bound nursery stock cultivation
               
               
                  630
               
            
                  Open-field, soil-bound tree nursery
               
               
                  230
               
            
                  Flour mills (17 mills)
               
               
                  4 264
               
            
                  Immovable antique structures and furniture (Axel Vervoort; Gemeentebestuur Bonheiden)
               
               
                  199
               
            
                  Old buildings (classified monuments and private houses)
               
               
                  438
               
            
                  Structures and objects (churches, houses, food processing structures) excluding moveable objects
               
               
                  307
               
            
                  Old buildings (ancient objects, roof structures and fixed furniture in historical constructions — Prohygiena enterprise)
               
               
                  282
               
            
                  Woodworking premises (six premises)
               
               
                  101
               
            
                  Food processing premises (21 facilities)
               
               
                  300
               
            
                  Mills (25 mills)
               
               
                  200
               
            
                  Flour mill (Bloemmolens Diksmuide)
               
               
                  72
               
            
                  Food storage (dry), structure (17 facilities)
               
               
                  120
               
            
                  Sensitive electronic equipment
               
               
                  50
               
            
                  Empty silos (owned by 37 enterprises)
               
               
                  43
               
            
                  Food processing premises (one mill — Molens Vandenbempt)
               
               
                  15
               
            
                  Churches, monuments and ships’ quarters (Bugbusters)
               
               
                  59
               
            
                  Total
               
               
                  49 126
               
            Stocks of methyl bromide available for critical uses in the Member State = 2 848 kg.
   
   
      ANNEX II
      FRENCH REPUBLIC
      
                  Categories of permitted critical uses
               
               
                  Kg
               
            
                  Tomato and eggplant (protected and open field)
               
               
                  33 250
               
            
                  Cucumber (protected and open field)
               
               
                  21 140
               
            
                  Specialist sandy-soil carrots (grown in Brittany, harvested by hand and susceptible to Fusarium solani and Rhizoctonia violacea)
               
               
                  8 000
               
            
                  Strawberry runners
               
               
                  37 600
               
            
                  Strawberry fruit produced for the Perigord label
               
               
                  34 000
               
            
                  Ranunculus, anemone, paeonia and lily-of-the-valley open-field
               
               
                  21 785
               
            
                  Replant in apple, pear, peach, nectarine, apricot, plum and raspberry
               
               
                  10 000
               
            
                  Forest tree nursery — Douglas fir trees for truffle production
               
               
                  2 000
               
            
                  Orchard nursery
               
               
                  2 000
               
            
                  Seeds sold by PLAN-SPG company
               
               
                  135
               
            
                  Mills
               
               
                  21 440
               
            
                  Rice end-of-line rapid disinfestation
               
               
                  1 400
               
            
                  Chestnuts
               
               
                  2 000
               
            
                  Total
               
               
                  194 750
               
            Stocks of methyl bromide available for critical uses in the Member State = 14 280 kg.
   
   
      ANNEX III
      FEDERAL REPUBLIC OF GERMANY
      
                  Categories of permitted critical uses
               
               
                  Kg
               
            
                  Food processing structures, especially mills, with fumigation sites larger than 10 000 m3
                  
               
               
                  19 350
               
            
                  Artefacts (Disinfestation of Serpula lacrimans dry-rot fungus in churches)
               
               
                  250
               
            
                  Total
               
               
                  19 600
               
            Stocks of methyl bromide available for critical uses in the Member State = 7 000 kg.
   
   
      ANNEX IV
      HELLENIC REPUBLIC
      
                  Categories of permitted critical uses
               
               
                  Kg
               
            
                  Tomato (protected)
               
               
                  92 000
               
            
                  Cucumber (protected including tunnels added after treatment, permanent glasshouses and open-ended polyhouses)
               
               
                  24 000
               
            
                  Carnation, rose and gypsophila cut-flowers (open-field and protected)
               
               
                  8 000
               
            
                  Mills, food processing structures, processors
               
               
                  16 000
               
            
                  Raisin and dried figs
               
               
                  3 081
               
            
                  Total
               
               
                  143 081
               
            Stocks of methyl bromide available for critical uses in the Member State = 0 kg.
   
   
      ANNEX V
      ITALIAN REPUBLIC
      
                  Categories of permitted critical uses
               
               
                  Kg
               
            
                  Tomato (protected)
               
               
                  671 000
               
            
                  Cut-flowers (protected)
               
               
                  162 000
               
            
                  Strawberry fruit (protected)
               
               
                  130 000
               
            
                  Melon (protected)
               
               
                  112 000
               
            
                  Pepper (protected)
               
               
                  111 000
               
            
                  Eggplant (protected)
               
               
                  96 000
               
            
                  Strawberry runners
               
               
                  78 000
               
            
                  Mills and processors
               
               
                  89 600
               
            
                  Museum artefacts
               
               
                  4 180
               
            
                  Total
               
               
                  1 453 780
               
            Stocks of methyl bromide available for critical uses in the Member State = 167 474 kg.
   
   
      ANNEX VI
      REPUBLIC OF POLAND
      
                  Categories of permitted critical uses
               
               
                  Kg
               
            
                  Medicinal herbs and dried mushrooms as dry commodities
               
               
                  3 500
               
            
                  Strawberry runners
               
               
                  34 600
               
            
                  Total
               
               
                  38 100
               
            Stocks of methyl bromide available for critical uses in the Member State = 210 kg.
   
   
      ANNEX VII
      PORTUGUESE REPUBLIC
      
                  Categories of permitted critical uses
               
               
                  Kg
               
            
                  Cut-flowers (protected and open-field)
               
               
                  35 000
               
            
                  Total
               
               
                  35 000
               
            Stocks of methyl bromide available for this critical use in the Member State = 0 kg.
   
   
      ANNEX VIII
      KINGDOM OF SPAIN
      
                  Categories of permitted critical uses
               
               
                  Kg
               
            
                  Strawberry runners (in Castilla y León)
               
               
                  230 000
               
            
                  Strawberry fruit (protected, in Huelva)
               
               
                  330 000
               
            
                  Peppers (protected, in Murcia and south of Comunidad Valenciana)
               
               
                  150 000
               
            
                  Cut-flowers (protected, in Cadiz and Sevilla)
               
               
                  47 700
               
            
                  Cut-flowers in Cataluña
               
               
                  18 000
               
            
                  Total
               
               
                  775 700
               
            Stocks of methyl bromide available for critical uses in the Member State = 8 309 kg.
   
   
      ANNEX IX
      KINGDOM OF THE NETHERLANDS
      
                  Categories of permitted critical uses
               
               
                  Kg
               
            
                  Post-harvest disinfestation of strawberry runners
               
               
                  120
               
            
                  Total
               
               
                  120
               
            Stocks of methyl bromide available for this critical use in the Member State = 250 kg.
   
   
      ANNEX X
      UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
      
                  Categories of permitted critical uses
               
               
                  Kg
               
            
                  Strawberry fruit and raspberry (open field)
               
               
                  35 700
               
            
                  Ornamental tree production for control of Verticillium wilt
               
               
                  5 000
               
            
                  Mills (46); and wheat, maize and rice buildings operated by Quaker Oats, Kelloggs, Weetabix Ltd, Ryecroft and EOM
               
               
                  18 326
               
            
                  Dried commodities (nuts, dried fruit, rice, beans, cereal grains, edible seeds) for Whitworths Ltd
               
               
                  1 571
               
            
                  Mill, associated biscuit food processing, finished product and storage areas operated by Ryvita Company Ltd (Dorset)
               
               
                  1 787
               
            
                  Structures — facilities and equipment, processing and storage operated by Whitworths Ltd
               
               
                  880
               
            
                  Structures — spices building operated by Newly Weds Foods Ltd
               
               
                  1 125
               
            
                  Processing plants operated by Warehouse and Spice Grinding Facility (Pataks Foods Ltd)
               
               
                  1 000
               
            
                  Processing plants associated with herbs and spices operated by British Pepper and Spice Ltd, Lion Foods, and East Anglian Food Ingredients
               
               
                  1 080
               
            
                  Specialised cheese stores
               
               
                  1 561
               
            
                  Occasionally-infested spice products (including pappadams) processed by McCormick (UK) Ltd, British Pepper and Spice Ltd, East Anglian Food Ingredients and Pataks Foods Ltd
               
               
                  46
               
            
                  Total
               
               
                  68 076
               
            Stocks of methyl bromide available for critical uses in the Member State = 6 554 kg.