Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer
Modified by
- Regulation (EC) No 2038/2000 of the European Parliament and of the Councilof 28 September 2000amending Regulation (EC) No 2037/2000 on substances that deplete the ozone layer, as regards metered dose inhalers and medical drug pumps, 300R2038, September 29, 2000
- Regulation (EC) No 2039/2000 of the European Parliament and of the Councilof 28 September 2000amending Regulation (EC) No 2037/2000 on substances that deplete the ozone layer, as regards the base year for the allocation of quotas of hydrochlorofluorocarbons, 300R2039, September 29, 2000
- Commission Decisionof 7 March 2003amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to the use of halon 1301 and halon 1211(notified under document number C(2003) 691)(2003/160/EC), 303D0160, March 8, 2003
- Actconcerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, 103T, September 23, 2003
- Regulation (EC) No 1804/2003 of the European Parliament and of the Councilof 22 September 2003amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane, 303R1804, October 16, 2003
- Commission Decisionof 3 March 2004amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to the use of halon 2402(notified under document number C(2004) 639)(2004/232/EC), 304D0232, March 10, 2004
- Commission Regulation (EC) No 2077/2004of 3 December 2004amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to the use of processing agents, 304R2077, December 4, 2004
- Commission Regulation (EC) No 29/2006of 10 January 2006amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to customs codes for bromochloromethane, 306R0029, January 11, 2006
- Regulation (EC) No 1366/2006 of the European Parliament and of the Councilof 6 September 2006amending Regulation (EC) No 2037/2000 as regards the base year for the allocation of quotas of hydrochlorofluorocarbons with respect to the Member States that acceded to the European Union on 1 May 2004, 306R1366, September 25, 2006
- Commission Regulation (EC) No 1784/2006of 4 December 2006amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to the use of processing agents, 306R1784, December 5, 2006
- Council Regulation (EC) No 1791/2006of 20 November 2006adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania, 306R1791, December 20, 2006
- Commission Regulation (EC) No 899/2007of 27 July 2007amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council as regards the adjustment of CN codes for certain ozone depleting substances and mixtures containing ozone depleting substances to take account of amendments to the Combined Nomenclature laid down in Council Regulation (EEC) No 2658/87, 307R0899, July 28, 2007
- Commission Decisionof 30 July 2007amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to the use of halon 2402 in Bulgaria(notified under document number C(2007) 3594)(2007/540/EC), 307D0540, July 31, 2007
- Commission Regulation (EC) No 473/2008of 29 May 2008on amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council as regards the adjustment of CN codes for certain ozone depleting substances and mixtures containing ozone depleting substances, 308R0473, May 30, 2008
- Regulation (EC) No 596/2009 of the European Parliament and of the Councilof 18 June 2009adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutinyAdaptation to the regulatory procedure with scrutiny — Part Four, 309R0596, July 18, 2009
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"Protocol" means the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer, as last amended and adjusted, "Party" means any party to the Protocol, "State not party to the Protocol", with respect to a particular controlled substance, includes any State or regional economic integration organisation that has not agreed to be bound by the provisions of the Protocol applicable to that substance, "controlled substances" means chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide, hydrobromofluorocarbons, hydrochlorofluorocarbons and bromochloromethane, whether alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed. This definition shall not cover any controlled substance which is in a manufactured product other than a container used for the transportation or storage of that substance, or insignificant quantities of any controlled substance, originating from inadvertent or coincidental production during a manufacturing process, from unreacted feedstock, or from use as a processing agent which is present in chemical substances as trace impurities, or that is emitted during product manufacture or handling, "chlorofluorocarbons" (CFCs) means the 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 specified in Group IV of Annex I, "1,1,1-trichloroethane" means the controlled substance specified in Group V of Annex I, "methyl bromide" means the controlled substance specified in Group VI of Annex I, "hydrobromofluorocarbons" means the controlled substances listed in Group VII of Annex I, including their isomers, "bromochloromethane" means the controlled substance indicated in Group IX of Annex I, "hydrochlorofluorocarbons" (HCFCs) means the controlled substances listed in Group VIII of Annex I, including their isomers, "new substances" means substances listed in Annex II. This definition shall cover substances whether alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed. This definition shall not cover any substance which is in a manufactured product other than a container used for transportation or storage of that substance, or insignificant quantities of any new substance, originating from inadvertent or coincidental production during a manufacturing process or from unreacted feedstock, "feedstock" means any controlled substance or new substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition and whose emissions are insignificant, "processing agent" means controlled substances used as chemical processing agents in those applications listed in Annex VI, in installations existing on 1 September 1997 , and where emissions are insignificant. The Commission shall, in the light of those criteria, and in accordance with the management procedure referred to in Article 18(2), establish a list of undertakings in which the use of controlled substances as processing agents shall be permitted, laying down maximum emission levels for each of the undertakings concerned,In the light of new information or technical developments, including the review provided for in Decision X/14 of the Meeting of the Parties to the Protocol, the Commission may: -
(a) amend the list of undertakings referred to above in accordance with the management procedure referred to in Article 18(2), (b) amend Annex VI. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3),
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"producer" means any natural or legal person manufacturing controlled substances within the Community, "production" means the amount of controlled substances produced, less the amount destroyed by technologies approved by the Parties and less the amount entirely used as feedstock or as a processing agent in the manufacture of other chemicals. No amount recovered, recycled or reclaimed shall be considered as "production", "ozone-depleting potential" means the figure specified in the third 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 its ozone-depleting potential and by adding together, for each group of controlled substances in Annex I separately, the resulting figures, "industrial rationalisation" 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 optimising economic efficiency or responding to anticipated shortfalls in supply as a result of plant closures, "placing on the market" means the supplying or making available to third persons, against payment or free of charge, of controlled substances or products containing controlled substances covered by this Regulation, "use" means the utilisation of controlled substances in the production or maintenance, in particular refilling, of products or equipment or in other processes except for feedstock and processing agent uses, "reversible air-conditioning/heat pump system" means a combination of interconnected refrigerant-containing parts constituting one closed refrigeration circuit, in which the refrigerant is circulated for the purpose of extracting and rejecting heat (i.e. cooling, heating), processes which are reversible in that the evaporators and condensers are designed to be interchangeable in their functions, "inward processing" means a procedure provided for in Article 114(1) (a) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs CodeOJ L 302, 19.10.1992, p. 1 . Regulation as last amended by Regulation (EC) No 955/1999 (OJ L 119, 7. 5.1999, p. 1 )."recovery" means the collection and the storage of controlled substances from, for example, machinery, equipment and containment vessels during servicing or before disposal, "recycling" means the reuse of a recovered controlled substance following a basic cleaning process such as filtering and drying. For refrigerants, recycling normally involves recharge back into equipment as is often carried out on site, "reclamation" means the reprocessing and upgrading of a recovered controlled substance through such processes as filtering, drying, distillation and chemical treatment in order to restore the substance to a specified standard of performance, which often involves processing off site at a central facility, "undertaking" means any natural or legal person who produces, recycles for placing on the market or uses controlled substances for industrial or commercial purposes in the Community, who releases such imported substances for free circulation in the Community, or who exports such substances from the Community for industrial or commercial purposes.
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(a) chlorofluorocarbons; (b) other fully halogenated chlorofluorocarbons; (c) halons; (d) carbon tetrachloride; (e) 1,1,1-trichloroethane; (f) hydrobromofluorocarbons; (g) bromochloromethane.
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(i) Subject to paragraphs 5 to 10, each producer shall ensure that: -
(a) the calculated level of its production of methyl bromide in the period 1 January to31 December 1999 and in each 12-month period thereafter does not exceed 75 % of the calculated level of its production of methyl bromide in 1991; (b) the calculated level of its production of methyl bromide in the period 1 January to31 December 2001 and in each 12-month period thereafter does not exceed 40 % of the calculated level of its production of methyl bromide in 1991;(c) the calculated level of its production of methyl bromide in the period 1 January to31 December 2003 and in each 12-month period thereafter does not exceed 25 % of the calculated level of its production of methyl bromide in 1991;(d) it produces no methyl bromide after 31 December 2004 .
The calculated levels referred to in subparagraphs (a), (b), (c) and (d) shall not include the amount of methyl bromide produced for quarantine and preshipment applications. -
(ii) In the light of the proposals made by Member States, the Commission shall, in accordance with the procedure referred to in Article 18(2), apply the criteria set out in Decision IX/6 of the Parties, together with any other relevant criteria agreed by the Parties, in order to determine every year any critical uses for which the production, importation and use of methyl bromide may be permitted in the Community after 31 December 2004 , the quantities and uses to be permitted and those users who may take advantage of the critical exemption. Such production and importation shall be allowed only if no adequate alternatives or recycled or reclaimed methyl bromide is available from any of the Parties.In an emergency, where unexpected outbreaks of particular pests or diseases so require, the Commission, at the request of the competent authority of a Member State, may authorise the temporary use of methyl bromide. Such authorisation shall apply for a period not exceeding 120 days and to a quantity not exceeding 20 tonnes.
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(a) the calculated level of its production of hydrochlorofluorocarbons in the period 1 January 2000 to31 December 2000 and in each 12-month period thereafter does not exceed the calculated level of its production of hydrochlorofluorocarbons in 1997; (b) the calculated level of its production of hydrochlorofluorocarbons in the period 1 January 2008 to31 December 2008 and in each 12-month period thereafter does not exceed 35 % of the calculated level of its production of hydrochlorofluorocarbons in 1997;(c) the calculated level of its production of hydrochlorofluorocarbons in the period 1 January 2014 to31 December 2014 and in each 12-month period thereafter does not exceed 20 % of the calculated level of its production of hydrochlorofluorocarbons in 1997;(d) the calculated level of its production of hydrochlorofluorocarbons in the period 1 January 2020 to31 December 2020 and in each 12-month period thereafter does not exceed 15 % of the calculated level of its production of hydrochlorofluorocarbons in 1997;(e) it produces no hydrochlorofluorocarbons after 31 December 2025 .
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whether a production cut ahead of the year 2008 should be proposed, and/or whether a change to the levels of production provided for under (b), (c) and (d) should be proposed.
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(a) chlorofluorocarbons; (b) other fully halogenated chlorofluorocarbons; (c) halons; (d) carbon tetrachloride; (e) 1,1,1-trichloroethane; and (f) hydrobromofluorocarbons; and (g) bromochloromethane.
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(i) Subject to paragraphs 4 and 5, each producer and importer shall ensure that: -
(a) the calculated level of methyl bromide which it places on the market or uses for its own account in the period 1 January 1999 to31 December 1999 and in each 12-month period thereafter does not exceed 75 % of the calculated level of methyl bromide which it placed on the market or used for its own account in 1991; (b) the calculated level of methyl bromide which it places on the market or uses for its own account in the period 1 January 2001 to31 December 2001 and in each 12-month period thereafter does not exceed 40 % of the calculated level of methyl bromide which it placed on the market or used for its own account in 1991;(c) the calculated level of methyl bromide which it places on the market or uses for its own account in the period 1 January 2003 to31 December 2003 and in each 12-month period thereafter does not exceed 25 % of the calculated level of methyl bromide which it placed on the market or used for its own account in 1991;(d) it does not place any methyl bromide on the market or use any for its own account after 31 December 2004 .
To the extent permitted by the Protocol, the Commission shall, following a request by a competent authority of a Member State and in accordance with the procedure referred to in Article 18(2), adjust the calculated level of methyl bromide referred to in Article 3(2) (i) (c) and subparagraph (c) where it is demonstrated that this is necessary to meet the needs of that Member State, because technically and economically feasible alternatives or substitutes that are acceptable from the standpoint of environment and health are not available or cannot be used. The Commission, in consultation with Member States, shall encourage the development, including research, and the use of alternatives to methyl bromide as soon as possible. -
(ii) Subject to paragraph 4, the placing on the market and the use of methyl bromide by undertakings other than producers and importers shall be prohibited after 31 December 2005 .(iii) The calculated levels referred to in subparagraphs (i) (a), (b), (c) and (d) and (ii) shall not include the amount of methyl bromide produced or imported for quarantine and preshipment applications. For the period 1 January 2001 to31 December 2001 and for each 12-month period thereafter, each producer and importer shall ensure that the calculated level of methyl bromide which it places on the market or uses for its own account for quarantine and preshipment applications shall not exceed the average of the calculated level of methyl bromide which it placed on the market or used for its own account for quarantine and preshipment in the years 1996, 1997 and 1998.Each year Member States shall report to the Commission the quantities of methyl bromide authorised for quarantine and preshipment used in their territory, the purposes for which methyl bromide was used, and the progress in evaluating and using alternatives. The Commission shall take measures to reduce the calculated level of methyl bromide which producers and importers may place on the market or use for their own account for quarantine and preshipment in the light of technical and economic availability of alternative substances or technologies, and of the relevant international developments under the Protocol. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3). (iv) The total quantitative limits for the placing on the market or use for their own account by producers and importers of methyl bromide are set out in Annex III.
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(i) Subject to paragraphs 4 and 5 and to Article 5(5): -
(a) the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January 1999 to31 December 1999 and in the 12-month period thereafter shall not exceed the sum of:-
2,6 % of the calculated level of chlorofluorocarbons which producers and importers placed on the market or used for their own account in 1989, and the calculated level of hydrochlorofluorocarbons which producers and importers placed on the market or used for their own account in 1989;
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(b) the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January 2001 to31 December 2001 shall not exceed the sum of:-
2,0 % of the calculated level of chlorofluorocarbons which producers and importers placed on the market or used for their own account in 1989, and the calculated level of hydrochlorofluorocarbons which producers and importers placed on the market or used for their own account in 1989;
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(c) the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January 2002 to31 December 2002 shall not exceed 85 % of the level calculated pursuant to subparagraph (b);(d) the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January 2003 to31 December 2003 shall not exceed 45 % of the level calculated pursuant to subparagraph (b);(e) the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January 2004 to31 December 2004 and in each 12-month period thereafter shall not exceed 30 % of the level calculated pursuant to subparagraph (b);(f) the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January 2008 to31 December 2008 and in each 12-month period thereafter shall not exceed 25 % of the level calculated pursuant to subparagraph (b);(g) producers and importers shall not place hydrochlorofluorocarbons on the market or use them for their own account after 31 December 2009 ;(h) each producer and importer 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 2001 to31 December 2001 and in the 12-month period thereafter shall not exceed, as a percentage of the calculated levels set out in (a) to (c), the percentage share assigned to it in 1999;(i) by way of derogation from point (h), each producer and importer in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia shall ensure that the calculated level of hydrochlorofluorocarbons which it places on the market or uses for its own account shall not exceed, as a percentage of the calculated levels set out in points (b), (d), (e) and (f), the average of its percentage market share in 2002 and 2003;
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(ii) The Commission may amend the mechanism for the allocation of quotas to each producer and importer of the calculated levels set out in points (d) to (f), applicable for the period 1 January 2003 to31 December 2003 and for each 12-month period thereafter.Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3); (iii) In the case of producers, the quantities referred to in this paragraph shall apply to the amounts of virgin hydrochlorofluorocarbons which they place on the market or use for their own account within the Community and which were produced in the Community; (iv) The total quantitative limits for the placing on the market or use for their own account by producers and importers of hydrochlorofluorocarbons are set out in Annex III.
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(i) -
(a) Paragraphs 1, 2 and 3 shall not apply to the placing on the market of controlled substances for destruction within the Community by technologies approved by the Parties; (b) paragraphs 1, 2 and 3 shall not apply to the placing on the market and use of controlled substances if: -
they are used for feedstock or as a processing agent; or they are used to meet the licensed requests for essential uses of those users identified as laid down in Article 3(1) and to meet the licensed requests for critical uses of those users identified as laid down in Article 3(2) or to meet the requests for temporary emergency applications authorised in accordance with Article 3(2) (ii).
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(ii) Paragraph 1 shall not apply to the placing on the market, by undertakings other than producers, of controlled substances for the maintenance or servicing of refrigeration and air-conditioning equipment until 31 December 1999 .(iii) Paragraph 1 shall not apply to the use of controlled substances for the maintenance or servicing of refrigeration and air-conditioning equipment or in fingerprinting processes until 31 December 2000 .(iv) Paragraph 1(c) shall not apply to the placing on the market and use of halons that have been recovered, recycled or reclaimed in existing fire protection systems until 31 December 2002 or to the placing on the market and use of halons for critical uses as set out in Annex VII. Each year the competent authorities of the Member States shall notify to the Commission the quantities of halons used for critical uses, the measures taken to reduce their emissions and an estimate of such emissions, and the current activities to identify and use adequate alternatives.Each year the Commission shall review the critical uses listed in Annex VII and, if necessary, adopt modifications and, where appropriate, time frames for phase-out, taking into account the availability of both technically and economically feasible alternatives or technologies that are acceptable from the standpoint of the environment and health. Those measures, designed to amend non-essential elements of this Regulation, inter alia , by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).(v) Except for uses listed in Annex VII, fire protection systems and fire extinguishers containing halons shall be decommissioned before 31 December 2003 , and halons shall be recovered in accordance with Article 16.
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(a) in aerosols; (b) as solvents: -
(i) in non-contained solvent uses including open-top cleaners and open-top dewatering systems without refrigerated areas, in adhesives and mould-release agents when not employed in closed equipment, for drain cleaning where hydrochlorofluorocarbons are not recovered; (ii) from 1 January 2002 , in all solvent uses, with the exception of precision cleaning of electrical and other components in aerospace and aeronautics applications where the prohibition shall enter into force on31 December 2008 ;
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(c) as refrigerants: -
(i) in equipment produced after 31 December 1995 for the following uses:-
in non-confined direct-evaporation systems, in domestic refrigerators and freezers, in motor vehicle, tractor and off-road vehicle or trailer air conditioning systems operating on any energy source, except for military uses where the prohibition shall enter into force on 31 December 2008 ,in road public-transport air-conditioning,
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(ii) in rail transport air-conditioning, in equipment produced after 31 December 1997 ;(iii) from 1 January 2000 , in equipment produced after31 December 1999 for the following uses:-
in public and distribution cold stores and warehouses, for equipment of 150 kw and over, shaft input,
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(iv) from 1 January 2001 , in all other refrigeration and air-conditioning equipment produced after31 December 2000 , with the exception of fixed air-conditioning equipment, with a cooling capacity of less than 100 kW, where the use of hydrochlofluorocarbons shall be prohibited from1 July 2002 in equipment produced after30 June 2002 and of reversible air-conditioning/heat pump systems where the use of hydrochlorofluorocarbons shall be prohibited from1 January 2004 in all equipment produced after31 December 2003 ;(v) from 1 January 2010 , the use of virgin hydrochlorofluorocarbons shall be prohibited in the maintenance and servicing of refrigeration and air-conditioning equipment existing at that date; all hydrochlorofluorocarbons shall be prohibited from1 January 2015 .Before 31 December 2008 the Commission shall review the technical and economic availability of alternatives to recycled hydrochlorofluorocarbons.The review shall take into account the availability of technically and economically feasible alternatives to hydrochlorofluorocarbons in existing refrigeration equipment with the view to avoiding undue abandonment of equipment. Alternatives for consideration should have a significantly less harmful effect on the environment than hydrochlorofluorocarbons. The Commission shall submit the result of the review to the European Parliament and to the Council. It shall, as appropriate, take a decision on whether to adapt the date of 1 January 2015 . That measure, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).
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(d) for the production of foams: -
(i) for the production of all foams except integral skin foams for use in safety applications and rigid insulating foams; (ii) from 1 October 2000 , for the production of integral skin foams for use in safety applications and polyethylene rigid insulating foams;(iii) from 1 January 2002 , for the production of extruded polystyrene rigid insulating foams, except where used for insulated transport;(iv) from 1 January 2003 , for the production of polyurethane foams for appliances, of polyurethane flexible faced laminate foams and of polyurethane sandwich panels, except where these last two are used for insulated transport;(v) from 1 January 2004 , for the production of all foams, including polyurethane spray and block foams;
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(e) as carrier gas for sterilisation substances in closed systems, in equipment produced after 31 December 1997 ;(f) in all other applications.
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(a) in laboratory uses, including research and development; (b) as feedstock; (c) as a processing agent.
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halons contained in such fire protection systems shall be replaced completely, halons withdrawn shall be destroyed, 70 % of the destruction costs shall be covered by the supplier of the hydrochlorofluorocarbons, each year, Member States making use of this provision shall notify to the Commission the number of installations and the quantities of halons concerned.
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(a) the names and the addresses of the importer and the exporter; (b) the country of exportation; (c) the country of final destination if controlled substances are to be used in the customs territory of the Community under the inward-processing procedure as referred to in paragraph 2; (d) a description of each controlled substance, including: -
the commercial description, the description and the CN code as laid down in Annex IV, the nature of the substance (virgin, recovered or reclaimed), the quantity of the substance in kilograms;
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(e) the purpose of the proposed import; (f) if known, the place and date of the proposed importation and, where relevant, any changes to these data.
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(a) for controlled substances of groups VI and VIII as referred to in Annex I; (b) for controlled substances if they are used for essential or critical uses or for quarantine and preshipment applications; (c) for controlled substances if they are used for feedstock or as processing agents; or (d) to undertakings having destruction facilities for recovered controlled substances if the controlled substances are used for destruction in the Community by technologies approved by the Parties.
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(a) controlled substances produced under Article 3(6) to satisfy the basic domestic needs of Parties pursuant to Article 5 of the Protocol; (b) controlled substances produced under Article 3(7) to satisfy essential or critical uses of Parties; (c) products and equipment containing controlled substances produced under Article 3(5) or imported under Article 7(b); (d) recovered, recycled and reclaimed halon stored for critical uses in facilities authorised or operated by the competent authority to satisfy critical uses listed in Annex VII until 31 December 2009 , and products and equipment containing halon to satisfy critical uses listed in Annex VII. Following a review undertaken by1 January 2005 by the Commission of exports of such recovered, recycled and reclaimed halon for critical uses the Commission may prohibit such exports earlier than31 December 2009 . That measure, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3);(e) controlled substances to be used for feedstock and processing agent applications; (f) metered dose inhalers and delivery mechanisms containing chlorofluorcarbons for hermetically sealed devices for implantation in the human body for delivery of measured doses of medication which, under Article 4(1), may be given a temporary authorisation in accordance with the procedure referred to in Article 18(2); (g) used products and equipment that contain rigid insulating foam or integral skin foam which have been produced with chlorofluorocarbons. This exemption does not apply to: -
refrigeration and air-conditioning equipment and products; refrigeration and air-conditioning equipment and products which contain chlorofluorocarbons used as refrigerants, or whose continuing function relies on the supply of chlorofluorocarbons used as refrigerants, in other equipment and products; building insulation foam and products.
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(a) the name and address of the exporter and of the producer, where it is not the same; (b) a description of the controlled substance(s) intended for export, including: -
the commercial description, the description and the CN code as laid down in Annex IV, the nature of the substance (virgin, recovered or reclaimed);
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(c) the total quantity of each substance to be exported; (d) the country/countries of final destination of the controlled substance(s); (e) the purpose of the exports.
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the name and address of the exporter, a commercial description of the export, the total quantity of halon, the country/countries of final destination of the products and equipment, a declaration that the halon is to be exported for a specific critical use listed in Annex VII, any further information deemed necessary by the competent authority.
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refrigeration, air-conditioning and heat pump equipment, except domestic refrigerators and freezers, equipment containing solvents, fire protection systems and fire extinguishers,
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(a) Each producer shall communicate: -
its total production of each controlled substance, any production placed on the market or used for the producer's own account within the Community, separately identifying production for feedstock, processing agent, quarantine and preshipment and other uses, any production to meet the essential uses in the Community, licensed in accordance with Article 3(4), any production authorised under Article 3(6) to satisfy basic domestic needs of Parties pursuant to Article 5 of the Protocol, any production authorised under Article 3(7) to satisfy essential, or critical, uses of Parties, any increase in production authorised under Article 3(8), (9) and (10) in connection with industrial rationalisation, any quantities recycled, reclaimed or destroyed, any stocks.
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(b) Each importer, including any producers who also import, shall communicate: -
any quantities released for free circulation in the Community, separately identifying imports for feedstock and processing-agent uses, for essential or critical uses licensed in accordance with Article 3(4), for use in quarantine and preshipment applications and for destruction, any quantities of controlled substances entering the Community under the inward-processing procedure, any quantities of used controlled substances imported for recycling or reclamation, any stocks.
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(c) Each exporter, including any producers who also export, shall communicate: -
any quantities of controlled substances exported from the Community, including substances which are re-exported under the inward processing procedure, separately identifying quantities exported to each country of destination and quantities exported for feedstock and processing agent uses, essential uses, critical uses, quarantine and preshipment uses, to meet the basic domestic needs of Parties pursuant to Article 5 of the Protocol and for destruction, any quantities of used controlled substances exported for recycling or reclamation, any stocks.
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| Group | Substance | Ozone-depleting potential | |
|---|---|---|---|
| Group I | CFCl |
(CFC-11) | |
| CF |
(CFC-12) | ||
| C |
(CFC-113) | ||
| C |
(CFC-114) | ||
| C |
(CFC-115) | ||
| Group II | CF |
(CFC-13) | |
| C |
(CFC-111) | ||
| C |
(CFC-112) | ||
| C |
(CFC-211) | ||
| C |
(CFC-212) | ||
| C |
(CFC-213) | ||
| C |
(CFC-214) | ||
| C |
(CFC-215) | ||
| C |
(CFC-216) | ||
| C |
(CFC-217) | ||
| Group III | CF |
(halon-1211) | |
| CF |
(halon-1301) | ||
| C |
(halon-2402) | ||
| Group IV | CCl |
(carbon tetrachloride) | |
| Group V | C |
(1,1,1-trichloroethane) | |
| Group VI | CH |
(methyl bromide) | |
| Group VII | CHFBr |
||
| CHF |
|||
| CH |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| C |
|||
| Group VIII | CHFCl |
(HCFC-21) |
|
| CHF |
(HCFC-22) |
||
| CH |
(HCFC-31) | ||
| C |
(HCFC-121) | ||
| C |
(HCFC-122) | ||
| C |
(HCFC-123) |
||
| C |
(HCFC-124) |
||
| C |
(HCFC-131) | ||
| C |
(HCFC-132) | ||
| C |
(HCFC-133) | ||
| C |
(HCFC-141) | ||
| CH |
(HCFC-141b) |
||
| C |
(HCFC-142) | ||
| CH |
(HCFC-142b) |
||
| C |
(HCFC-151) | ||
| C |
(HCFC-221) | ||
| C |
(HCFC-222) | ||
| C |
(HCFC-223) | ||
| C |
(HCFC-224) | ||
| C |
(HCFC-225) | ||
| CF |
(HCFC-225ca) |
||
| CF |
(HCFC-225cb) |
||
| C |
(HCFC-226) | ||
| C |
(HCFC-231) | ||
| C |
(HCFC-232) | ||
| C |
(HCFC-233) | ||
| C |
(HCFC-234) | ||
| C |
(HCFC-235) | ||
| C |
(HCFC-241) | ||
| C |
(HCFC-242) | ||
| C |
(HCFC-243) | ||
| C |
(HCFC-244) | ||
| C |
(HCFC-251) | ||
| C |
(HCFC-252) | ||
| C |
(HCFC-253) | ||
| C |
(HCFC-261) | ||
| C |
(HCFC-262) | ||
| C |
(HCFC-271) | ||
| Group IX | CH |
(halon 1011 bromochloromethane) | |
| (calculated levels expressed in ODP tonnes) | |||||||||
| Group I | Group II | Group III | Group IV | Group V | Group VII | Group VIII | |||
|---|---|---|---|---|---|---|---|---|---|
| 1999 (EU-15) | 0 | 0 | 0 | 0 | 0 | 0 | |||
| 2000 (EU-15) | |||||||||
| 2001 (EU-15) | 607 | ||||||||
| 2002 (EU-15) | 607 | ||||||||
| 2003 (EU15) | 607 | ||||||||
| 2004 (EU-25) | 607 | ||||||||
| 2005 (EU-25) | 0 | 607 | |||||||
| 2006 (EU-25) | 607 | ||||||||
| 2007 (EU-27) | 607 | ||||||||
| 2008 (EU-27) | 607 | ||||||||
| 2009 (EU-27) | 607 | ||||||||
| 2010 (EU-27) | 607 | 0 | |||||||
| 2011 (EU-27) | 607 | 0 | |||||||
| 2012 (EU-27) | 607 | 0 | |||||||
| 2013 (EU-27) | 607 | 0 | |||||||
| 2014 (EU-27) | 607 | 0 | |||||||
| 2015 (EU-27) | 607 | 0 | |||||||
| Group | CN code | Description |
|---|---|---|
| Group I | Trichlorofluoromethane | |
| Dichlorodifluoromethane | ||
| Trichlorotrifluoroethanes | ||
| Dichlorotetrafluoroethanes | ||
| Chloropentafluoroethane | ||
| Group II | Chlorotrifluoromethane | |
| Pentachlorofluoroethane | ||
| Tetrachlorodifluoroethanes | ||
| Heptachlorofluoropropanes | ||
| Hexachlorodifluoropropanes | ||
| Pentachlorotrifluoropropanes | ||
| Tetrachlorotetrafluoropropanes | ||
| Trichloropentafluoropropanes | ||
| Dichlorohexafluoropropanes | ||
| Chloroheptafluoropropanes | ||
| Group III | Bromochlorodifluoromethane | |
| Bromotrifluoromethane | ||
| Dibromotetrafluoroethanes | ||
| Group IV | Carbon tetrachloride | |
| Group V | 1,1,1-Trichloroethane (methyl chloroform) | |
| Group VI | Bromomethane (methyl bromide) | |
| Group VII | Hydrobromofluoromethanes, -ethanes or -propanes | |
| Group VIII | Chlorodifluoromethane (HCFC-22) | |
| 1,1-Dichloro-1-fluoroethane (HCFC-141b) | ||
| Other Hydrochlorofluoromethanes, -ethanes or -propanes (HCFCs) | ||
| Group IX | Bromochloromethane | |
| Mixtures | Mixtures containing chlorofluorocarbons (CFCs), whether or not containing hydrochlorofluorocarbons (HCFCs), perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs) | |
| Mixtures containing bromochlorodifluoromethane, bromotrifluoromethane or dibromo-tetrafluoroethanes | ||
| Mixtures containing hydrobromofluorocarbons (HBFCs) | ||
| Mixtures containing hydrochlorofluorocarbons (HCFCs), whether or not containing perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs), but not containing chlorofluorocarbons (CFCs) | ||
| Mixtures containing carbon tetrachloride | ||
| Mixtures containing 1,1,1-trichloroethane (methyl chloroform) | ||
| Mixtures containing bromomethane (methyl bromide) or bromochloromethane |
-
87012010 –87019090 87021011 –87029090 87031011 –87039090 87041011 –87049000 87051000 –87059090 87060011 –87060099
-
84181010 –84182900 84185011 –84185099 84186110 –84186999
-
84181010 –84182900 84183010 –84183099 84184010 –84184099 84185011 –84185099 84186110 –84186190 84186910 –84186999
-
84151000 –84158390 84796000 84798910 84798998
-
84196000 84198998
-
84181010 –84182900 84183010 –84183099 84184010 –84184099 84185011 –84185099 84186110 –84186190 84186910 –84186999
-
84151000 –84158390 84186110 –84186190 84186910 –84186999 84189910 –84189990
-
04049021 –04049089 15179010 –15179099 21069092 21069098
-
32081010 –32081090 32082010 –32082090 32089011 –32089099 32091000 –32099000 32100010 –32100090 32129090
-
33030010 –33030090 33043000 33049900 33051000 –33059090 33061000 –33069000 33071000 –33073000 33074900 33079000
-
27100081 27100097 34031100 34031910 –34031999 34039100 34039910 –34039990
-
34051000 34052000 34053000 34054000 34059010 –34059090
-
38081010 –38081090 38082010 –38082080 38083011 –38083090 38084010 –38084090 38089010 –38089090
-
38091010 –38091090 38099100 –38099300
-
38249010 38249035 38249040 38249045 –38249095
-
39172110 –39174090 39201023 –39209990 39211100 –39219090 39251000 –39259080 39269010 –39269099
-
in aircraft for the protection of crew compartments, engine nacelles, cargo bays and dry bays, and fuel tank inerting, in military land vehicles and naval vessels for the protection of spaces occupied by personnel and engine compartments, for the making inert of occupied spaces where flammable liquid and/or gas release could occur in the military and oil, gas and petrochemical sector, and in existing cargo ships, for the making inert of existing manned communication and command centres of the armed forces or others, essential for national security, for the making inert of spaces where there may be a risk of dispersion of radioactive matter, in the Channel Tunnel and associated installations and rolling stock.
-
in military land vehicles and naval vessels for the protection of spaces occupied by personnel and engine compartments, in hand-held fire extinguishers and fixed extinguisher equipment for engines for use on board aircraft, in aircraft for the protection of crew compartments, engine nacelles, cargo bays and dry bays, in fire extinguishers essential to personal safety used for initial extinguishing by fire brigades, in military and police fire extinguishers for use on persons.
-
in aircraft for the protection of crew compartments, engine nacelles, cargo bays and dry bays and fuel tank inerting, in military land vehicles and naval vessels for the protection of spaces occupied by personnel and engine compartments, for the making inert of occupied spaces where flammable liquid and/or gas release could occur in the military and oil, gas and petrochemical sectors, and in existing cargo ships, for the making inert of existing manned communication and command centres of the armed forces or others, essential for national security, for the making inert of spaces where there may be a risk of dispersion of radioactive matter, in hand-held fire extinguishers and fixed extinguisher equipment for engines for use on board aircraft, in fire extinguishers essential to personal safety used for initial extinguishing by fire brigades, in military and police fire extinguishers for use on persons.
-
in aircraft for the protection of crew compartments, engine nacelles, cargo bays and dry bays, and fuel tank inerting, in military land vehicles and naval vessels for the protection of spaces occupied by personnel and engine compartments.