This Regulation shall apply to the production, importation, exportation, placing on the market, use, recovery, recycling and reclamation and destruction of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide, hydrobromofluorocarbons, hydrochlorofluorocarbons and bromochloromethane, to the reporting of information on these substances and to the importation, exportation, placing on the market and use of products and equipment containing those substances.
Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer
Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved on 5 May 2000 by the Conciliation Committee,
Whereas:
It is established that continued emissions of ozone-depleting substances at current levels continue to cause significant damage to the ozone layer. Ozone depletion in the southern hemisphere reached unprecedented levels in 1998. In three out of four recent springs severe ozone depletion has occurred in the Arctic region. Increased UV-B radiation resulting from ozone depletion poses a significant threat to health and environment. Further efficient measures need therefore to be taken in order to protect human health and the environment against adverse effects resulting from such emissions.
In view of its responsibilities for the environment and trade, the Community, pursuant to Decision 88/540/EEC(4), has become a Party 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 and at their fourth meeting in Copenhagen.
Additional measures for the protection of the ozone layer were adopted by the Parties to the Montreal Protocol at their seventh meeting in Vienna in December 1995 and at their ninth meeting in Montreal in September 1997, in which the Community participated.
It is necessary for action to be taken at Community level to carry out the Community's obligations under the Vienna Convention and the latest amendments and adjustments to the Montreal Protocol, in particular to phase out the production and the placing on the market of methyl bromide within the Community and to provide for a system for the licensing not only of imports but also of exports of ozone-depleting substances.
In view of the earlier than anticipated availability of technologies for replacing ozone-depleting substances, it is appropriate in certain cases to provide for control measures which are stricter than those provided for in Council Regulation (EC) No 3093/94 of 15 December 1994 on substances that deplete the ozone layer(5) and stricter than those of the Montreal Protocol.
Regulation (EC) No 3093/94 must be modified substantially. It is in the interest of legal clarity and transparency to revise that Regulation completely.
Under Regulation (EC) No 3093/94 the production of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane and hydrobromofluorocarbons has been phased out. The production of those controlled substances is thus prohibited, subject to possible derogation for essential uses and to meet the basic domestic needs of Parties pursuant to Article 5 of the Montreal Protocol. It is now also appropriate progressively to prohibit the placing on the market and use of those substances and of products and equipment containing those substances.
Even after the phase-out of controlled substances the Commission may under certain conditions grant exemptions for essential uses.
The growing availability of alternatives to methyl bromide should be reflected in more substantial reductions in its production and consumption compared to the Montreal Protocol. The production and consumption of methyl bromide should cease completely subject to possible derogations for critical uses determined at Community level following the criteria established under the Montreal Protocol. Also the use of methyl bromide for quarantine and preshipment applications should be controlled. Such use should not exceed current levels and ultimately be reduced in the light of technical development and developments under the Montreal Protocol.
Regulation (EC) No 3093/94 provides for controls on the production of all other ozone-depleting substances but not for controls on the production of hydrochlorofluorocarbons. It is appropriate to introduce such provision to ensure that hydrochlorofluorocarbons do not continue to be used where non-ozone-depleting alternatives exist. Measures for the control of the production of hydrochlorofluorocarbons should be taken by all Parties to the Montreal Protocol. A freeze on production of hydrochlorofluorocarbons would reflect that need and the Community's determination to take a leading role in this respect. The quantities produced should be adapted to the reductions envisaged for the placing on the Community market of hydrochlorofluorocarbons and to the declining demand worldwide as a consequence of reductions in the consumption of hydrochlorofluorocarbons required by the Protocol.
The Montreal Protocol, in Article 2F(7), requires the Parties to endeavour to ensure that the use of hydrochlorofluorocarbons is limited to those applications where other more environmentally suitable alternative substances or technologies are not available. In view of the availability of alternative and substitute technologies, the placing on the market and use of hydrochlorofluorocarbons and products containing hydrochlorofluorocarbons can be further limited. Decision VI/13 of the Meeting of the Parties to the Montreal Protocol provides that the evaluation of alternatives to hydrochlorofluorocarbons should take into account such factors as ozone-depleting potential, energy efficiency, potential flammability, toxicity and global warming and the potential impacts on the effective use and phase-out of chlorofluorocarbons and halons. Hydrochlorofluorocarbon controls under the Montreal Protocol should be considerably tightened to protect the ozone layer and to reflect the availability of alternatives.
Quotas for the release for free circulation in the Community of controlled substances should be allocated only for limited uses of controlled substances. Controlled substances and products containing controlled substances from States not party to the Montreal Protocol should not be imported.
The licensing system for controlled substances should be extended to include the authorisation of exports of controlled substances, in order to monitor trade in ozone-depleting substances and to allow for exchange of information between Parties.
Provision should be made for the recovery of used controlled substances, and to prevent leakages of controlled substances.
The Montreal Protocol requires reporting on trade in ozone-depleting substances. Annual reporting should therefore be required from producers, importers and exporters of controlled substances.
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6).
Decision X/8 of the 10th meeting of the Parties to the Montreal Protocol encourages Parties to take measures actively, as appropriate, to discourage the production and marketing of new ozone-depleting substances and in particular of bromochloromethane. To this end a mechanism should be established to provide for new substances to be addressed by this Regulation. The production, importation, placing on the market and use of bromochloromethane should be prohibited.
The switch to new technologies or alternative products, required because the production and use of controlled substances are to be phased out, could lead to problems for small and medium-sized enterprises (SMEs) in particular. The Member States should therefore consider providing appropriate forms of assistance specifically to enable SMEs to make the necessary changes,
HAVE ADOPTED THIS REGULATION:
CHAPTER I INTRODUCTORY PROVISIONS
Article 1 Scope
This Regulation shall also apply to the production, importation, placing on the market and use of substances in Annex II.
Article 2 Definitions
For the purposes of this Regulation:
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‘Protocol’ means the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer, as last amended and adjusted,
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‘Party’ means any party to the Protocol,
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‘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,
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‘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,
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‘chlorofluorocarbons’ (CFCs) means the controlled substances listed in Group I of Annex I, including their isomers,
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‘other fully halogenated chlorofluorocarbons’ means the controlled substances listed in Group II of Annex I, including their isomers,
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‘halons’ means the controlled substances listed in Group III of Annex I, including their isomers,
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‘carbon tetrachloride’ means the controlled substance specified in Group IV of Annex I,
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‘1,1,1-trichloroethane’ means the controlled substance specified in Group V of Annex I,
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‘methyl bromide’ means the controlled substance specified in Group VI of Annex I,
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‘hydrobromofluorocarbons’ means the controlled substances listed in Group VII of Annex I, including their isomers,
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‘bromochloromethane’ means the controlled substance indicated in Group IX of Annex I,
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‘hydrochlorofluorocarbons’ (HCFCs) means the controlled substances listed in Group VIII of Annex I, including their isomers,
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‘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,
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‘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,
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‘processing agent’ means controlled substances used as chemical processing agents in those applications listed in Annex VI, in installations existing at 1 September 1997, and where emissions are insignificant. The Commission shall, in the light of those criteria and in accordance with the 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. It may, in accordance with the procedure referred to in Article 18(2), amend Annex VI as well as the list of undertakings referred to above 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,
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‘producer’ means any natural or legal person manufacturing controlled substances within the Community,
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‘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’,
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‘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,
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‘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,
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‘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,
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‘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,
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‘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,
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‘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,
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‘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 Code(7),
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‘recovery’ means the collection and the storage of controlled substances from, for example, machinery, equipment and containment vessels during servicing or before disposal,
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‘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,
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‘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,
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‘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.