You are on page 1of 22

C 286/6 EN Official Journal of the European Communities 15.9.

98

II
(Preparatory Acts)

COMMISSION
Proposal for a Council Regulation (EC) on substances that deplete the ozone layer

(98/C 286/06)

COM(1998) 398 final — 98/0228(SYN)

(Submitted by the Commission on 17 August 1998)

THE COUNCIL OF THE EUROPEAN UNION, Convention for the Protection of the Ozone Layer
and the Montreal Protocol on Substances that
Deplete the Ozone Layer, as amended by the
Having regard to the Treaty establishing the European parties to the Protocol at their second meeting in
Community, and in particular Article 130s(1) thereof, London and at their fourth meeting in
Copenhagen;
Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and (5)ÙWhereas additional measures for the protection of
Social Committee, 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
Acting in accordance with the procedure laid down in meeting in Montreal in September 1997, in which
Article 189c of the Treaty, in cooperation with the the Community participated;
European Parliament,

(1)ÙWhereas Council Regulation (EC) No 3093/94Ø(Î) (6)ÙWhereas it is necessary for action to be taken at
must be modified substantially; whereas it is in the Community level to carry out the Community’s
interest of legal clarity and transparency to revise obligations under the Vienna Convention and the
that Regulation completely; latest amendments and adjustments to the Montreal
Protocol, in particular to phase out the production
and the placing on the market of methyl bromide
(2)ÙWhereas effective measures need to be taken in within the Community and to provide for a system
order to protect human health and the environment for the licensing not only of imports but also of
against adverse effects resulting from emissions of exports of ozone-depleting substances;
substances that deplete the ozone layer;

(3)ÙWhereas it is established that continued emissions (7)ÙWhereas in view of the earlier than anticipated
of ozone-depleting substances at current levels availability of technologies for replacing ozone-
continue to cause significant damage to the ozone depleting substances, it is appropriate in certain
layer; whereas it is therefore necessary to take cases to provide for phase-out schedules which are
further steps in order to ensure sufficient protection stricter than those provided for in Regulation (EC)
for human health and the environment; No 3093/94 and which are stricter than those of
the amended and adjusted Protocol;
(4)ÙWhereas in view of the responsibilities of the
Community for the environment and trade, the
Community, pursuant to Council Decision (8)ÙWhereas under Regulation (EC) No 3093/94, the
88/540/EECØ(Ï), has become a party to the Vienna production of chlorofluorocarbons, other fully
halogenated chlorofluorocarbons, halons, carbon
(Î)ÙOJ L 333, 22.12.1994, p. 1. tetrachloride, 1,1,1-trichloroethane and hydrobro-
(Ï)ÙOJ L 297, 31.10.1988, p. 8. mofluorocarbons has been phased out; whereas the
15.9.98 EN Official Journal of the European Communities C 286/7

production of those controlled substances is thus and use of HCFCs and products containing HCFCs
prohibited, subject to possible derogation for can be further limited;
essential uses and to meet the basic domestic needs
of parties pursuant to Article 5 of the Montreal
Protocol; whereas it is now also appropriate to
progressively prohibit the placing on the market (12)ÙWhereas quotas for the release for free circulation
and use of those substances and of products and in the Community of controlled substances should
equipment containing those substances; only be allocated for limited uses of controlled
substances; whereas controlled substances and
products containing controlled substances from
States not party to the Montreal Protocol should
not be imported;
(9)ÙWhereas the growing availability of alternatives to
methyl bromide should be reflected in an accel-
erated phase out of methyl bromide compared to (13)ÙWhereas the licensing system for controlled
the Montreal Protocol; whereas such an accelerated substances should be extended to include the auth-
phase out is also provided for by other parties to orisation of exports of controlled substances, in
the Protocol; whereas there might be specific order to monitor trade in ozone-depleting
critical agricultural uses and conditions for which substances and to allow for exchange of
the phasing out of methyl bromide would lead to information between parties;
severe technical or economic difficulties; whereas
exemptions should be foreseen for those cases for
which the production and placing on the market of
methyl bromide may be permitted after phase out; (14)ÙWhereas provision should be made for the recovery
of used controlled substances, and to prevent
leakages of controlled substances;

(10)ÙWhereas Regulation (EC) No 3093/94 provides for (15)ÙWhereas the Montreal Protocol requires reporting
controls on the production of all other ozone- on trade in ozone-depleting substances; whereas
depleting substances but does not provide for annual reporting should therefore be required from
controls on the production of hydrochlorofluoro- producers, importers and exporters of controlled
carbons (HCFCs); whereas it is appropriate to substances,
introduce such provision to ensure that HCFCs do
not continue to be used where non-ozone depleting
alternatives exist; whereas measures for the control
of the production of HCFCs should be taken by all
parties to the Montreal Protocol; whereas a freeze HAS ADOPTED THIS REGULATION:
on production of HCFCs would reflect that need
and the Community’s determination to take a
leading role in this respect; whereas the quantities
produced should be adapted to the reductions
envisaged for the placing on the Community CHAPTER I
market of HCFC and to the declining demand
worldwide as a consequence of reductions in the INTRODUCTORY PROVISIONS
consumption of HCFCs required by the Protocol;
whereas HCFCs controls under the Montreal
Protocol should be considerably tightened to
protect the ozone layer and to reflect the avail- Article 1
ability of alternatives; whereas the Community will
continue to press the parties to the Protocol to Scope
accept tighter controls on HCFCs;

This Regulation shall apply to the production,
importation, exportation, placing on the market, use,
recovery, recycling and reclamation of chlorofluoro-
(11)ÙWhereas the Montreal Protocol, in Article 2F(7) carbons, other fully halogenated chlorofluorocarbons,
requires the parties to endeavour to ensure that the halons, carbon tetrachloride, 1,1,1-trichloroethane,
use of HCFCs is limited to those applications where methyl bromide, hydrobromofluorocarbons and hydro-
other more environmentally suitable alternative chlorofluorocarbons (HCFCs), to the reporting of
substances or technologies are not available; information on these substances and to the importation,
whereas in view of the availability of alternative and exportation, placing on the market and use of products
substitute technologies, the placing on the market and equipment containing those substances.
C 286/8 EN Official Journal of the European Communities 15.9.98

Article 2 —Ù‘hydrobromofluorocarbons’ shall mean the controlled
substances listed in Group VII of Annex I, including
Definitions their isomers,

For the purposes of this Regulation:
—Ù‘hydrochlorofluorocarbons’ or ‘HCFCs’ shall mean
the controlled substances listed in Group VIII of
—Ù‘Protocol’ shall mean the 1987 Montreal Protocol on Annex I, including their isomers,
Substances that Deplete the Ozone Layer, as last
amended and adjusted,
—Ù‘feedstock’ shall mean any controlled substance that
undergoes transformation in a process in which it is
—Ù‘Party’ shall mean any party to the Protocol,
entirely converted from its original composition,

—Ù‘State not party to the Protocol’ shall, with respect to
a particular controlled substance, include any State —Ù‘processing agent’ shall mean controlled substances
or regional economic-integration organisation that used as chemical processing agents in those
has not agreed to be bound by the control measures applications listed in Annex VI, in installations
applicable to that substance, existing at 1 September 1997, and where emissions
are insignificant. The Commission shall, in the light
of those criteria and in accordance with the
—Ù‘controlled substances’ shall mean chlorofluoro- procedure laid down in Article 17, establish a list of
carbons, other fully halogenated chlorofluoro- undertakings in which the use of controlled
carbons, halons, carbon tetrachloride, 1,1,1-trichlo- substances as processing agents shall be permitted. It
roethane, methyl bromide, hydrobromofluorocarbons may, in accordance with the procedure laid down in
and hydrochlorofluorocarbons (HCFCs), whether Article 17, amend that list in the light of new
alone or in a mixture, and whether they are virgin, information or technical developments,
recovered, recycled or reclaimed. This definition shall
not cover any controlled substance which is in a
manufactured product other than a container used —Ù‘producer’ shall mean any natural or legal person
for the transportation or storage of that substance, or manufacturing controlled substances within the
insignificant quantities of any controlled substance, Community,
originating from inadvertent or coincidental
production during a manufacturing process, from
unreacted feedstock, or from use as a processing —Ù‘production’ shall mean the amount of controlled
agent which is present in chemical substances as trace substances produced, less the amount destroyed by
impurities, or that is emitted during product manu- technologies approved by the parties and less the
facture or handling, amount entirely used as feedstock or as a processing
agent in the manufacture of other chemicals. No
amount recovered, recycled or reclaimed shall be
—Ù‘chlorofluorocarbons’ shall mean the controlled considered as ‘production’,
substances listed in Group I of Annex I, including
their isomers,
—Ù‘ozone-depleting potential’ shall mean the figure
specified in the final column of Annex I representing
—Ù‘other fully halogenated chlorofluorocarbons’ shall the potential effect of each controlled substance on
mean the controlled substances listed in Group II of the ozone layer,
Annex I, including their isomers,

—Ù‘halons’ shall mean the controlled substances listed in —Ù‘calculated level’ shall mean a quantity determined by
Group III of Annex I, including their isomers, multiplying the quantity of each controlled substance
by its ozone-depleting potential and by adding
together, for each group of controlled substances in
—Ù‘carbon tetrachloride’ shall mean the controlled Annex I separately, the resulting figures,
substance specified in Group IV of Annex I,

—Ù‘industrial rationalisation’ shall mean the transfer
—Ù‘1,1,1-trichloroethane’ shall mean the controlled either between parties or within a Member State of
substance specified in Group V of Annex I, all or a portion of the calculated level of production
of one producer to another, for the purpose of opti-
mising economic efficiency or responding to
—Ù‘methyl bromide’ shall mean the controlled substance anticipated shortfalls in supply as a result of plant
specified in Group VI of Annex I, closures,
15.9.98 EN Official Journal of the European Communities C 286/9

—Ù‘placing on the market’ shall mean the supplying or CHAPTER II
making available to third persons, against payment or
free of charge, of controlled substances or products PHASE-OUT SCHEDULE
containing controlled substances covered by this
Regulation with a view to their distribution or use on
the Community market, Article 3
Control of production of controlled substances
—Ù‘use’ shall mean the utilisation of controlled
substances in the production or maintenance of 1.ÚÙSubject to paragraphs 5 to 10, the production of
products or equipment or in other processes except the following shall be prohibited:
for feedstock and processing agent uses,
(a)Ùchlorofluorocarbons;
—Ù‘reversible air-conditioning/heat-pump system’ shall
mean a combination of interconnected refrigerant (b) other fully halogenated chlorofluorocarbons;
containing parts constituting one closed refrigeration
circuit, in which the refrigerant is circulated for the (c) halons;
purpose of extracting and rejecting heat (i.e. cooling,
heating), which are reversible in that the evaporators (d) carbon tetrachloride;
and condensers are designed to be interchangeable in
their functions, (e) 1,1,1-trichloroethane;

(f) hydrobromofluorocarbons.
—Ù‘inward processing’ shall mean a procedure provided
for in Article 114(1)(a) of Council Regulation (EEC)
No 2913/92Ø(Î), In the light of the proposals made by Member States, the
Commission shall, in accordance with the procedure laid
down in Article 17, apply the criteria set out in Decision
—Ù‘recovery’ shall mean the collection and the storage IV/25 of the parties in order to determine every year
of controlled substances from, for example, any essential uses for which the production and
machinery, equipment and containment vessels importation of controlled substances referred to in the
during servicing or before disposal, first subparagraph may be permitted in the Community
and those users who may take advantage of those
essential uses for their own account. Such production
—Ù‘recycling’ shall mean the reuse of a recovered and importation shall be allowed only if no adequate
controlled substance following a basic cleaning alternatives or recycled or reclaimed controlled
process such as filtering and drying. For refrigerants, substances referred to in the first subparagraph are
recycling normally involves recharge back into available from any of the parties.
equipment as is often carried out on site,
2.ÚÙSubject to paragraphs 5 to 10, each producer shall
ensure that:
—Ù‘reclamation’ shall mean the reprocessing and
upgrading of a recovered controlled substance
through such processes as filtering, drying, distil- (a)Ùthe calculated level of its production of methyl
lation and chemical treatment in order to restore the bromide in the period 1 January to 31 December
substance to a specified standard of performance, 1999 and in each 12-month period thereafter does
which often involves processing off site at a central not exceed 75Ø% of the calculated level of its
facility, production of methyl bromide in 1991;

(b) it produces no methyl bromide after 31 December
—Ù‘undertaking’ shall mean any natural or legal person 2000.
who produces, recycles for placing on the market or
uses controlled substances for industrial or The competent authority of each Member State shall
commercial purposes in the Community, who releases apply the criteria set out in Annex V to determine every
such imported substances for free circulation in the year any critical uses of methyl bromide for which the
Community, or who exports such substances from production, importation and use may be permitted in the
the Community for industrial or commercial Community after 31 December 2000, the quantities to be
purposes. permitted and those users who may take advantage of
critical uses for their own account. Such production and
importation shall be allowed only if no adequate alter-
natives or recycled or reclaimed methyl bromide are
(Î)ÙOJ L 302, 19.10.1992, p. 1. available from any of the parties.
C 286/10 EN Official Journal of the European Communities 15.9.98

Each Member State shall report to the Commission by Before 31 December 2002, the Commission will review
31 January each year on the authorisations granted by its the level of production of hydrochlorofluorocarbons in
competent authority in respect of the period 1 January to the period 1 January 2003 to 31 December 2007 with a
31 December of the preceding year, including the view to determining whether a production cut ahead of
specific uses and quantities authorised, the reasons for the year 2008 should be proposed. This review will take
those authorisations, efforts under way to identify and into account the development of HCFC consumption
implement alternatives, measures taken to reduce worldwide, the HCFC exports from the Community and
emissions and an estimate of actual emissions. other OECD countries and the technical and economic
availability of alternative substances or technologies.

Each year the Commission shall review the critical use
exemptions authorised by the competent authorities of 4.ÚÙThe Commission shall issue licences to those users
the Member States. In the light of that review and of identified in accordance with the second subparagraph of
technical and other information, the Commission shall paragraph 1 and shall notify them of the use for which
take appropriate measures including, if necessary, they have authorisation and the substances and quantities
proposing modifications to Annex V. thereof that they are authorised to use.

In an emergency, where unexpected outbreaks of 5.ÚÙA producer may be authorised by the competent
particular pests or diseases so require, and by way of authority of the Member State in which that producer’s
derogation from Annex V, the competent authority of a relevant production is situated to produce the controlled
Member State may authorise the temporary use of substances referred to in paragraph 1 for the purpose of
methyl bromide. Such authorisation shall apply for a meeting the demands licensed in accordance with
period not exceeding 60 days. Member States shall paragraph 4, and to produce methyl bromide for the
inform the Commission within one month of any purposes of meeting critical uses authorised in
emergency authorisation granted under this procedure. accordance with paragraph 2. The competent authority
of the Member State concerned shall notify the
Commission in advance of its intention of issuing any
3.ÚÙSubject to paragraphs 8, 9 and 10, each producer such authorisation.
shall ensure that:

6.ÚÙThe competent authority of the Member State in
(a)Ùthe calculated level of its production of hydrochloro- which a producer’s relevant production is situated may
fluorocarbons in the period 1 January to 31 authorise that producer to exceed the calculated levels of
December 2000 and in each 12-month period production laid down in paragraphs 1 and 2 in order to
thereafter does not exceed the calculated level of its satisfy the basic domestic needs of parties pursuant to
production of hydrochlorofluorocarbons in 1997; Article 5 of the Protocol, provided that the additional
calculated levels of production of the Member State
concerned do not exceed those permitted for that
(b) the calculated level of its production of hydrochloro- purpose by Articles 2A to 2E and 2H of the Protocol for
fluorocarbons in the period 1 January to 31 the periods in question. The competent authority of the
December 2008 and in each 12-month period Member State concerned shall notify the Commission in
thereafter does not exceed 35Ø% of the calculated advance of its intention of issuing any such author-
level of its production of hydrochlorofluorocarbons isation.
in 1997;

7.ÚÙTo the extent permitted by the Protocol, the
(c) the calculated level of its production of hydrochloro-
competent authority of the Member State in which a
fluorocarbons in the period 1 January to 31
producer’s relevant production is situated may authorise
December 2014 and in each 12-month period
that producer to exceed the calculated levels of
thereafter does not exceed 20Ø% of the calculated
production laid down in paragraphs 1 and 2 in order to
level of its production of hydrochlorofluorocarbons
satisfy any essential, or critical, uses of parties at their
in 1997;
request. The competent authority of the Member State
concerned shall notify the Commission in advance of its
(d) the calculated level of its production of hydrochloro- intention of issuing any such authorisation.
fluorocarbons in the period 1 January to 31
December 2020 and in each 12-month period
thereafter does not exceed 15Ø% of the calculated 8.ÚÙTo the extent permitted by the Protocol, the
level of its production of hydrochlorofluorocarbons competent authority of the Member State in which a
in 1997; producer’s relevant production is situated may authorise
that producer to exceed the calculated levels of
production laid down in paragraphs 1 to 7 for the
(e) it produces no hydrochlorofluorocarbons after 31 purpose of industrial rationalisation within the Member
December 2025. State concerned, provided that the calculated levels of
15.9.98 EN Official Journal of the European Communities C 286/11

production of that Member State do not exceed the sum (d) carbon tetrachloride;
of the calculated levels of production of its domestic
producers as laid down in paragraphs 1 to 7 for the
periods in question. The competent authority of the (e) 1,1,1-trichloroethane;
Member State concerned shall notify the Commission in
advance of its intention of issuing any such author-
isation. (f) hydrobromofluorocarbons.

2.ÚÙSubject to paragraphs 4 and 5, each producer and
9.ÚÙTo the extent permitted by the Protocol, the
importer shall ensure that:
Commission may, in agreement with the competent
authority of the Member State in which a producer’s
relevant production is situated, authorise that producer
to exceed the calculated levels of production laid down (a)Ùthe calculated level of methyl bromide which it
in paragraphs 1 to 8 for the purpose of industrial places on the market or uses for its own account in
rationalisation between Member States, provided that the the period 1 January to 31 December 1999 and in
combined calculated levels of production of the Member each 12-month period thereafter does not exceed
States concerned do not exceed the sum of the calculated 75Ø% of the calculated level of methyl bromide
levels of production of their domestic producers as laid which it placed on the market or used for its own
down in paragraphs 1 to 8 for the periods in question. account in 1991;
The agreement of the competent authority of the
Member State in which it is intended to reduce
production shall also be required. (b) it does not place any methyl bromide on the market
or use any for its own account after 31 December
2000.
10.ÚÙTo the extent permitted by the Protocol, the
Commission may, in agreement with both the competent
authority of the Member State in which a producer’s The total quantitative limits for the placing on the
relevant production is situated and the government of market or use for their own account by producers and
the third party concerned, authorise a producer to importers of methyl bromide are set out in Annex II.
combine the calculated levels of production laid down in
paragraphs 1 to 9 with the calculated levels of
production allowed to a producer in a third party under 3.ÚÙSubject to paragraphs 4 and 5 and to Article 5(5):
the Protocol and that producer’s national legislation for
the purpose of industrial rationalisation with a third
party, provided that the combined calculated levels of (a)Ùthe calculated level of hydrochlorofluorocarbons
production by the two producers do not exceed the sum which producers and importers place on the market
of the calculated levels of production allowed to the or use for their own account in the period 1 January
Community producer under paragraphs 1 to 9 and the to 31 December 1999 and in the 12-month period
calculated levels of production allowed to the third party thereafter shall not exceed the sum of:
producer under the Protocol and any relevant national
legislation.
—Ù2,6Ø% of the calculated level of chlorofluoro-
carbons which producers and importers placed on
the market or used for their own account in
Article 4 1989, and

Control of the placing on the market and use of
controlled substances —Ùthe calculated level of hydrochlorofluorocarbons
which producers and importers placed on the
market or used for their own account in 1989;
1.ÚÙSubject to paragraphs 4 and 5, the placing on the
market and the use of the following shall be prohibited:
(b) the calculated level of hydrochlorofluorocarbons
which producers and importers place on the market
(a)Ùchlorofluorocarbons; or use for their own account in the period 1 January
to 31 December 2001 shall not exceed the sum of:

(b) other fully halogenated chlorofluorocarbons; —Ù2,0Ø% of the calculated level of chlorofluoro-
carbons which producers and importers placed on
the market or used for their own account in
(c) halons; 1989, and
C 286/12 EN Official Journal of the European Communities 15.9.98

—Ùthe calculated level of hydrochlorofluorocarbons The total quantitative limits for the placing on the
which producers and importers placed on the market or use for their own account by producers and
market or used for their own account in 1989; importers of hydrochlorofluorocarbons are set out in
Annex II.

(c) the calculated level of hydrochlorofluorocarbons
which producers and importers place on the market 4.ÚÙParagraphs 1, 2 and 3 shall not apply to the placing
or use for their own account in the period 1 January on the market and use of controlled substances if:
to 31 December 2002 shall not exceed 90Ø% of the
level calculated in application of point (b);
(a)Ùthey are destroyed within the Community by techno-
logies approved by the parties;

(d) the calculated level of hydrochlorofluorocarbons
which producers and importers place on the market (b) they are used for feedstock or as a processing agent;
or use for their own account in the period 1 January or
to 31 December 2003 shall not exceed 35Ø% of the
level calculated in application of point (b);
(c) they are used to meet the licensed demands for
essential uses of those users identified as laid down
(e) the calculated level of hydrochlorofluorocarbons in Article 3(1) and to meet the demands for critical
which producers and importers place on the market uses authorised in accordance with Article 3(2).
or use for their own account in the period 1 January
to 31 December 2004 and in each 12-month period
thereafter shall not exceed 30Ø% of the level Paragraph 1 shall not apply to the placing on the market
calculated in application of point (b); and use of controlled substances for the maintenance or
servicing of refrigeration and air-conditioning equipment
until 31 December 1999.
(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 Paragraph 1(c) shall not apply to the placing on the
to 31 December 2008 and in each 12-month period market and use of halons in existing fire protection
thereafter shall not exceed 5Ø% of the level systems until 31 December 2003 or to the placing on the
calculated in application of point (b); market of halons for critical uses as set out in Annex
VII.

(g) no producer or importer shall place hydrochloro-
fluorocarbons on the market or use any for its own 5.ÚÙAny producer or importer entitled to place
account after 31 December 2014; controlled substances referred to in this Article on the
market or use them for its own account may transfer that
right in respect of all or any quantities of that group of
substances fixed in accordance with this Article to any
(h) each producer and importer shall ensure that the other producer or importer of that group of substances
calculated level of hydrochlorofluorocarbons which within the Community. Any such transfer shall be
it places on the market or uses for its own account in notified in advance to the Commission. The transfer of
the period 1 January to 31 December 1999 and in the right to place on the market or use shall not imply
each 12-month period thereafter until 31 December the further right to produce or to import.
2002 shall not exceed, as a percentage of the
calculated levels set out in (a) to (f), its percentage
market share in 1996. 6.ÚÙThe importation and placing on the market of
products and equipment containing chlorofluorocarbons,
other fully halogenated chlorofluorocarbons, halons,
carbon tetrachloride, 1,1,1-trichloroethane and hydro-
Before 1 January 2001, the Commission shall, in bromofluorocarbons shall be prohibited, with the
accordance with the procedure laid down in Article 17, exception or products and equipment for which the use
determine a mechanism for the allocation of quotas to of the respective controlled substance has been auth-
each producer and importer of the calculated levels set orised in accordance with the second subparagraph of
out in (a) to (f), applicable for the period 1 January to Article 3(1). Products and equipment shown to be manu-
31 December 2003 and for each 12-month period factured before the entry into force of this Regulation
thereafter. shall not be covered by this prohibition.
15.9.98 EN Official Journal of the European Communities C 286/13

Article 5 (v) from 1 January 2008, the use of virgin hydro-
chlorofluorocarbons shall be prohibited in the
Control of the use of hydrochlorofluorocarbons maintenance and servicing of refrigeration and
air conditioning equipment existing at that date;
1.ÚÙSubject to the following conditions, the use of
hydrochlorofluorocarbons shall be prohibited:
(d) for the production of foams other than integral skin
foams for use in safety applications and rigid insu-
(a)Ùin aerosols; lating foams:

(b) as solvents: (i)Ùfrom 1 January 2000, for the production of
integral skin foams and polyethylene foams,
(i)Ùin non-contained solvent uses including open-top
cleaners and open-top dewatering systems (ii)Ùfrom 1 January 2002, for the production of
without refrigerated areas, in adhesives and extruded polystyrene foams, except where used
mould-release agents when not employed in for insulated transport,
closed equipment, for drain cleaning where
hydrochlorofluorocarbons are not recovered,
(iii)Ùfrom 1 January 2003, for the production of
polyurethane foams for appliances, of poly-
(ii)Ùfrom 1 January 2003, in all solvent uses, with the urethane flexible faced laminate foams and of
exception of precision cleaning of electrical and polyurethane sandwich panels, except where
other components in the aerospace and aero- these latter two are used for insulated transport,
nautics industries;
(iv) from 1 January 2004, for the production of all
(c) as refrigerants: foams;

(i)Ùin equipment produced after 31 December 1995 (e) as carrier gas for sterilisation substances in closed
for the following uses: systems, in equipment produced after 31 December
1997;
—Ùin non-confined direct-evaporation systems,
(f) in all other uses.
—Ùin domestic refrigerators and freezers,

—Ùin motor vehicle, tractor and off-road
2.ÚÙBy way of derogation from paragraph 1, the use of
vehicle or trailer air-conditioning systems
hydrochlorofluorocarbons shall be permitted:
operating on any energy source,

—Ùin road public-transport air conditioning, (a)Ùin laboratory uses, including research and devel-
opment;
(ii)Ùin rail transport air conditioning, in equipment
produced after 31 December 1997, (b) as feedstock in the manufacture of other chemicals;

(iii)Ùfrom 1 January 2000, in equipment produced (c) as a processing agent.
after 31 December 1999 for the following uses:

3.ÚÙThe importation and placing on the market of
—Ùin public and distribution cold stores and
products and equipment containing hydrochlorofluoro-
warehouses,
carbons for which a use restriction is in force under this
—Ùfor equipment of 150 kW and over, shaft Article shall be prohibited from the date on which the
input, use restriction comes into force. Products and equipment
shown to be manufactured before the date of that use
restriction shall not be covered by this prohibition.
(iv) from 1 January 2001, in all other refrigeration
and air-conditioning equipment produced after
31 December 2000, with the exception of 4.ÚÙThe use restrictions under paragraphs 1, 2 and 3
reversible air-conditioning/heat pump systems shall not apply to the use of hydrochlorofluorocarbons
where the use of hydrochlorofluorocarbons shall for the production of products for export to countries
be prohibited from 1 January 2004 in all where the use of hydrochlorofluorocarbons in those
equipment produced after 31 December 2003, products is still permitted.
C 286/14 EN Official Journal of the European Communities 15.9.98

5.ÚÙThe Commission may, in accordance with the (d) a description of each controlled substance, including:
procedure laid down in Article 17, in the light of
experience with the operation of this Regulation or to —Ùthe commercial description,
reflect technical progress, modify the list and the dates
set out in paragraph 1. —Ùthe description and the CN code as laid down in
Annex III,
6.ÚÙThe Commission may, following a request by a
competent authority of a Member State and in —Ùthe nature of the substance (virgin, recovered or
accordance with the procedure laid down in Article 17, reclaimed),
authorise a temporary exemption to allow the use and
placing on the market of hydrochlorofluorocarbons in —Ùthe quantity of the substance in kilograms;
derogation from paragraph 1 and Article 4(3) where it is
demonstrated that, for a particular use, technically and (e) the purpose of the proposed import;
economically feasible alternative substances or techno-
logies are not available or cannot be used. (f) the place and date of the proposed importation, if
known.

CHAPTER III 4.ÚÙThe Commission may require a certificate attesting
the nature of substances to be imported.
TRADE
5.ÚÙThe Commission may, in accordance with the
procedure laid down in Article 17, modify the list of
Article 6 items mentioned in paragraph 3 and Annex III.
Licences to import from non-member countries
Article 7
1.ÚÙThe release for free circulation in the Community
or inward processing of controlled substances shall be Imports of controlled substances from
subject to the presentation of an import licence. Such non-member countries
licences shall be issued by the Commission after verifi-
cation of compliance with Articles 6, 7, 8 and 13. The The release for free circulation in the Community of
Commission shall forward a copy of each licence to the controlled substances imported from non-member
competent authority of the Member State into which the countries shall be subject to quantitative limits. Those
substances concerned are to be imported. Each Member limits shall be determined and quotas allocated to under-
State shall appoint a competent authority for that takings for the period 1 January to 31 December 1999
purpose. and for each 12-month period thereafter in accordance
with the procedure laid down in Article 17. They shall be
2.ÚÙThe licence shall, when related to an inward- allocated only:
processing procedure, be issued only if the controlled
substances are to be used in the customs territory of the (a)Ùfor controlled substances of groups VI and VIII as
Community under the system of suspension, provided for referred to in Annex I;
in Article 114(2)(a) of Regulation (EEC) No 2913/92,
and under the condition that the compensating products (b) for controlled substances if they are used for
are re-exported to a State where the production, essential or critical uses;
consumption or import of that controlled substance is
not prohibited. The licence shall only be issued following (c) for controlled substances if they are used for
approval of the competent authority of the Member feedstock or as processing agents; or
State in which the inward-processing operation is to take
place. (d) for recovered controlled substances if they are used
for destruction in the Community by technologies
3.ÚÙA request for a licence shall state: approved by the Parties.

(a)Ùthe names and the addresses of the importer and the
exporter; Article 8
Imports of controlled substances from a State not party
(b) the country of exportation; to the Protocol

(c) the country of final destination if conrolled The release for free circulation in the Community or
substances are to be used in the customs territory of inward processing of controlled substances imported
the Community under the inward-processing from any State not party to the Protocol shall be
procedure as referred to in paragraph 2; prohibited.
15.9.98 EN Official Journal of the European Communities C 286/15

Article 9 Article 12
Imports of products containing controlled substances Export authorisation
from a State not party to the Protocol
1.ÚÙExports from the Community of controlled
substances shall be subject to authorisation. Such export
1.ÚÙThe release for free circulation in the Community authorisation shall be issued by the Commission to
of products and equipment containing controlled undertakings for the period 1 January to 31 December
substances imported from any State not party to the 1999 and for each 12-month period thereafter after
Protocol shall be prohibited. verification of compliance with Article 11. The
Commission shall forward a copy of each export author-
isation to the competent authority of the Member State
2.ÚÙA list of products containing controlled substances concerned.
and of Combined Nomenclature codes is given in Annex
IV for guidance of the Member States’ customs auth-
2.ÚÙAn application for an export authorisation shall
orities. The Commission may, in accordance with the
state:
procedure laid down in Article 17, add to, delete items
from or amend this list in the light of the lists established
by the parties. (a)Ùthe name and address of the exporter;

(b) a description of the controlled substance(s) intended
for export, including:
Article 10
Imports of products produced using controlled substances —Ùthe commercial description,
from a State not party to the Protocol
—Ùthe description and the CN code as laid down in
Annex III,
In the light of the decision of the parties, the Council
shall, on a proposal from the Commission, adopt rules —Ùthe nature of the substance (virgin, recovered or
applicable to the release for free circulation in the reclaimed);
Community of products which were produced using
controlled substances but do not contain substances
which can be positively identified as controlled (c) the total quantity of each substance to be exported;
substances, imported from any State not party to the
Protocol. The identification of such products shall (d) the country/countries of final destination of the
comply with periodical technical advice given to the controlled substance(s);
parties. The Council shall act by a qualified majority.
(e) the purpose of the exports.

Article 11 3.ÚÙEach exporter shall notify the Commission of any
changes which might occur during the period of validity
Export of controlled substances or products containing of the authorisation in relation to the data notified un-
controlled substances der paragraph 2. Each exporter shall report to the
Commission in conformity with Article 18.
1.ÚÙExports from the Community of chlorofluoro-
carbons, other fully halogenated chlorofluorocarbons,
Article 13
halons, carbon tetrachloride, 1,1,1-trichloroethane and
hydrobromofluorocarbons or products and equipment, Exceptional authorisation to trade with a State not party
other than personal effects, containing those substances to the Protocol
shall be prohibited. This prohibition shall not apply to
exports of controlled substances for which production By way of derogation from Articles 8, 9(1), 10 and
has been authorised under Article 3(6) to satisfy the basic 11(2), trade with any State not party to the Protocol in
domestic needs of parties pursuant to Article 5 of the controlled substances and products which contain or are
Protocol and of controlled substances or products and produced by means of one or more such substances may
equipment containing those substances authorised under be authorised by the Commission, to the extent that the
Article 3(7) to satisfy essential uses of the parties. State not party to the Protocol is determined by a
meeting of the parties to be in full compliance with the
Protocol and has submitted data to that effect as
2.ÚÙExports from the Community of methyl bromide specified in Article 7 of the Protocol. The Commission
and hydrochlorofluorocarbons to any State not party to shall act in accordance with the procedure laid down in
the Protocol shall be prohibited. Article 17.
C 286/16 EN Official Journal of the European Communities 15.9.98

Article 14 This provision shall be without prejudice to Council
Directive 75/442/EECØ(Î) or to measures adopted
Trade with a territory not covered by the Protocol following Article 2(2) of that Directive.

1.ÚÙSubject to any decision taken under paragraph 2,
Articles 8, 9 and 11(2) shall apply to any territory not Article 16
covered by the Protocol as they apply to any State not
party to the Protocol. Leakages of controlled substances

1.ÚÙAll precautionary measures practicable shall be
2.ÚÙWhere the authorities of a territory not covered by taken to prevent leakages of chlorofluorocarbons, other
the Protocol are in full compliance with the Protocol and fully halogenated chlorofluorocarbons, halons, carbon
have submitted data to that effect as specified in Article 7 tetrachloride, 1,1,1-trichloroethane, hydrobromofluoro-
of the Protocol, the Commission may decide that some carbons and hydrochlorofluorocarbons from commercial
or all of the provisions of Articles 8, 9 and 11 of this and industrial air-conditioning and refrigeration
Regulation shall not apply in respect of that territory. equipment, from fire-protection systems and from
equipment containing solvents during manufacture,
The Commission shall take its decision in accordance installation, operation and servicing. Member States shall
with the procedure laid down in Article 17. define the minimum qualification requirements for the
servicing personnel. They shall report to the Commission
by 31 December 2000 on the schemes established
concerning such qualification requirements.
CHAPTER IV
The Commission shall promote, as appropriate, the prep-
EMISSION CONTROL aration of European standards relating to technical
requirements with respect to the leakproofness of refrig-
eration systems.
Article 15
Recovery of used controlled substances 2.ÚÙAll precautionary measures practicable shall be
taken to prevent leakages of methyl bromide from fumi-
gation installations and operations in which methyl
Chlorofluorocarbons, other fully halogenated chloro-
bromide is used. Member States shall define the
fluorocarbons, halons, carbon tetrachloride, 1,1,1-
minimum qualification requirements for the servicing
trichloroethane, hydrobromofluorocarbons and hydro-
personel involved.
chlorofluorocarbons contained in:

—Ùrefrigeration equipment and air-conditioning 3.ÚÙAll precautionary measures practicable shall be
equipment, taken to prevent leakages of controlled substances used
as feedstock and as processing agents in chemicals.
—Ùequipment containing solvents,
4.ÚÙAll precautionary measures practicable shall be
taken to prevent any leakage of controlled substances
—Ùfire-protection systems and fire extinguishers, and inadvertently produced in the course of the manufacture
of other chemicals.
—Ùrigid foams

shall be recovered if practicable for destruction by tech- CHAPTER V
nologies approved by the parties or by any other envi-
ronmentally acceptable destruction technology, or for COMMITTEE, REPORTING, INSPECTION AND
recycling or reclamation during the servicing and main- ENFORCEMENT
tenance of equipment or before the dismantling or
disposal of equipment. Member States shall promote, as
appropriate, the establishment of destruction, recycling Article 17
and reclamation facilities. Member States shall define the
minimum qualification requirements for the servicing Committee
personnel involved.
The Commission shall be assisted by a committee
composed of the representatives of the Member States
Member States shall report to the Commission by
and chaired by a representative of the Commission.
31 December 2001 on the systems established to promote
the recovery of used controlled substances, including the
facilities available and the quantities of used controlled
substances recovered, recycled, reclaimed or destroyed. (Î)ÙOJ L 194, 25.7.1975, p. 39.
15.9.98 EN Official Journal of the European Communities C 286/17

The representative of the Commission shall submit to the —Ùany increase in production authorised under
committee a draft of the measures to be taken. The Article 3(8), (9) and (10) in connection with
committee shall deliver its opinion on that draft within a industrial rationalisation,
time limit which the chairman may lay down according
to the urgency of the matter. The opinion shall be
—Ùany quantities recycled, reclaimed or destroyed,
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. —Ùany stocks.
The votes of the representatives of the Member States
within the committee shall be weighted in the manner
laid down in that Article. The chairman shall not vote. (b) Each importer, including any producers who also
import, shall communicate:

The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in —Ùany quantities released for free circulation in the
accordance with the opinion of the committee, they shall Community, separately identifying imports for
be communicated by the Commission to the Council feedstock and processing-agent uses, for essential
forthwith. In that event, the Commission may defer uses licensed in accordance with Article 3(4), for
application of the measures which it has decided for a use in quarantine and preshipment applications
period of not more than one month from the date of and for destruction,
such communication.
—Ùany quantities of controlled substances entering
the Community under the inward-processing
The Council, acting by a qualified majority, may take a procedure,
different decision within the time limit referred to in the
previous paragraph.
—Ùany quantities of used controlled substances
imported for recycling or reclamation,
Article 18
—Ùany stocks.
Reporting

(c) Each exporter, including any producers who also
1.ÚÙEvery year before 1 March, each producer,
export, shall communicate:
importer and exporter of controlled substances shall
communicate to the Commission, sending a copy to the
competent authority of the Member State concerned, —Ùany quantities of controlled substances exported
data as specified below for each controlled substance, in from the Community, including substances which
respect of the period 1 January to 31 December of the are re-exported under the inward-processing
preceding year. procedure, separately identifying quantities
exported to each country of destination and
quantities exported for feedstock and processing
(a)ÙEach producer shall communicate: agent uses, essential uses, quarantine and
preshipment uses, to meet the basic domestic
needs of parties pursuant to Article 5 of the
—Ùits total production of each controlled substance, Protocol and for destruction,

—Ùany production placed on the market or used for —Ùany quantities of used controlled substances
the producer’s own account within the exported for recycling or reclamation,
Community, separately identifying production
for feedstock, processing agent and other uses,
—Ùany stocks.

—Ùany production to meet the essential uses in
the Community, licensed in accordance with 2.ÚÙEvery year before the 31 December, Member
Article 3(4), States’ customs authorities shall return to the
Commission the stamped used licence documents.

—Ùany production authorised under Article 3(6) to
statisfy basic domestic needs of parties pursuant 3.ÚÙEvery year before 1 March, each user who has been
to Article 5 of the Protocol, authorised to take advantage of an essential use
exemption under Article 3(1) shall, for each substance
for which an authorisation has been received, report to
—Ùany production authorised under Article 3(7) to the Commission, sending a copy to the competent
statisfy essential, or critical, uses of parties, authority of the Member State concerned, the nature of
C 286/18 EN Official Journal of the European Communities 15.9.98

the use, the quantities used during the previous year, the 5.ÚÙThe Commission shall take appropriate steps to
quantities held in stock, any quantities recycled or protect the confidentiality of information obtained under
destroyed, and the quantity of products containing those this Article.
substances placed on the Community market and/or
exported.
Article 20
4.ÚÙEvery year before 1 March, each undertaking Penalties
which has been authorised to use controlled substances
as a processing agent shall report to the Commission the
quantities used during the previous year, and an estimate The Member States shall lay down the rules on penalties
of the emissions which occurred during such use. applicable to infringements of the provisions of this
Regulation or of national provisions adopted in
implementation thereof and shall take all measures
5.ÚÙThe Commission shall take appropriate steps to necessary to ensure that they are implemented. The
protect the confidentiality of the information submitted penalties provided for must be effective, proportionate
to it. and dissuasive. The Member States shall notify those
provisions to the Commission by 30 June 1999 at the
6.ÚÙThe Commission may, in accordance with the latest and shall notify it without delay of any subsequent
procedure laid down in Article 17, modify the reporting amendment affecting them.
requirements laid down in paragraphs 1 to 4, to meet
commitments under the Protocol or to improve the
practical application of those reporting requirements.
CHAPTER VI

Article 19 FINAL PROVISIONS
Inspection
Article 21
1.ÚÙIn carrying out the tasks assigned to it by this
Regulation, the Commission may obtain all the Repeal
information from the governments and competent auth-
orities of the Member States and from undertakings. Regulation (EC) No 3093/94 is repealed.

2.ÚÙWhen requesting information from an undertaking References to the repealed Regulation shall be construed
the Commission shall at the same time forward a copy of as references to this Regulation.
the request to the competent authority of the Member
State within the territory of which the undertaking’s seat
is situated, together with a statement of the reasons why Article 22
that information is required.
Entry into force
3.ÚÙThe competent authorities of the Member States
shall carry out the investigations which the Commission This Regulation shall enter into force on the 20th day
considers necessary under this Regulation. following its publication in the Official Journal of the
European Communities.
4.ÚÙSubject to the agreement of the Commission and of
the competent authority of the Member State within the It shall apply from 1 January 1999.
territory of which the investigations are to be made, the
officials of the Commission shall assist the officials of This Regulation shall be binding in its entirety and
that authority in the performance of their duties. directly applicable in all Member States.
15.9.98 EN Official Journal of the European Communities C 286/19

ANNEX I

CONTROLLED SUBSTANCES COVERED

Ozone-depleting
Group Substance
potentialØ(Î)

Group I CFCl3 (CFC-11) 1,0ÙÙ
CF2Cl2 (CFC-12) 1,0ÙÙ
C2F3Cl3 (CFC-113) 0,8ÙÙ
C2F4Cl2 (CFC-114) 1,0ÙÙ
C2F5Cl (CFC-115) 0,6ÙÙ

Group II CF3Cl (CFC-13) 1,0ÙÙ
C2FCl5 (CFC-111) 1,0ÙÙ
C2F2Cl4 (CFC-112) 1,0ÙÙ
C3FCl7 (CFC-211) 1,0ÙÙ
C3F2Cl6 (CFC-212) 1,0ÙÙ
C3F3Cl5 (CFC-213) 1,0ÙÙ
C3F4Cl4 (CFC-214) 1,0ÙÙ
C3F5Cl3 (CFC-215) 1,0ÙÙ
C3F6Cl2 (CFC-216) 1,0ÙÙ
C3F7Cl (CFC-217) 1,0ÙÙ

Group III CF2BrCl (halon-1211) 3,0ÙÙ
CF3Br (halon-1301) 10,0ÙÙ
C2F4Br2 (halon-2402) 6,0ÙÙ

Group IV CCl4 (carbon tetrachloride) 1,1ÙÙ

Group V C2H3Cl3 (Ï) (1,1,1-trichloroethane) 0,1ÙÙ

Group VI CH3Br (methyl bromide) 0,6ÙÙ

Group VII CHFBr2 1,00Ù
CHF2Br 0,74Ù
CH2FBr 0,73Ù
C2HFBr4 0,8ÙÙ
C2HF2Br3 1,8ÙÙ
C2HF3Br2 1,6ÙÙ
C2HF4Br 1,2ÙÙ
C2H2FBr3 1,1ÙÙ
C2H2F2Br2 1,5ÙÙ
C2H2F3Br 1,6ÙÙ
C2H3FBr2 1,7ÙÙ
C2H3F2Br 1,1ÙÙ
C2H4FBr 0,1ÙÙ
C3HFBr6 1,5ÙÙ
C3HF2Br5 1,9ÙÙ
C3HF3Br4 1,8ÙÙ
C3HF4Br3 2,2ÙÙ
C3HF5Br2 2,0ÙÙ
C3HF6Br 3,3ÙÙ
C3H2FBr5 1,9ÙÙ
C3H2F2Br4 2,1ÙÙ
C3H2F3Br3 5,6ÙÙ
C3H2F4Br2 7,5ÙÙ
C3H2F5Br 1,4ÙÙ
C3H3FBr4 1,9ÙÙ
C3H3F2Br3 3,1ÙÙ
C3H3F3Br2 2,5ÙÙ
C3H3F4Br 4,4ÙÙ
C3H4FBr3 0,3ÙÙ
C3H4F2Br2 1,0ÙÙ
C3H4F3Br 0,8ÙÙ
C3H5FBr2 0,4ÙÙ
C3H5F2Br 0,8ÙÙ
C3H6FBr 0,7ÙÙ
C 286/20 EN Official Journal of the European Communities 15.9.98

Ozone-depleting
Group Substance
potentialØ(Î)

Group VIII CHFCl2 (HCFC-21)Ø(Ð) 0,040
CHF2Cl (HCFC-22)Ø(Ð) 0,055
CH2FCl (HCFC-31) 0,020
C2HFCl4 (HCFC-121) 0,040
C2HF2Cl3 (HCFC-122) 0,080
C2HF3Cl2 (HCFC-123)Ø(Ð) 0,020
C2HF4Cl (HCFC-124)Ø(Ð) 0,022
C2H2FCl3 (HCFC-131) 0,050
C2H2F2Cl2 (HCFC-132) 0,050
C2H2F3Cl (HCFC-133) 0,060
C2H3FCl2 (HCFC-141) 0,070
CH3FCl2 (HCFC-141b)Ø(Ð) 0,110
C2H3F2Cl (HCFC-142) 0,070
CH3F2Cl (HCFC-142b)Ø(Ð) 0,065
C2H4FCl (HCFC-151) 0,005
C3HFCl6 (HCFC-221) 0,070
C3HF2Cl5 (HCFC-222) 0,090
C3HF3Cl4 (HCFC-223) 0,080
C3HF4Cl3 (HCFC-224) 0,090
C3HF5Cl2 (HCFC-225) 0,070
CF3CF2CHCl2 (HCFC-225ca)Ø(Ð) 0,025
CF2ClF2CHClF (HCFC-225cb)Ø(Ð) 0,033
C3HF6Cl (HCFC-226) 0,100
C3H2FCl5 (HCFC-231) 0,090
C3H2F2Cl4 (HCFC-232) 0,100
C3H2F3Cl3 (HCFC-233) 0,230
C3H2F4Cl2 (HCFC-234) 0,280
C3H2F5Cl (HCFC-235) 0,520
C3H3FCl4 (HCFC-241) 0,090
C3H3F2Cl3 (HCFC-242) 0,130
C3H3F3Cl2 (HCFC-243) 0,120
C3H3F4Cl (HCFC-244) 0,140
C3H4FCl3 (HCFC-251) 0,010
C3H4F2Cl2 (HCFC-252) 0,040
C3H4F3Cl (HCFC-253) 0,030
C3H5FCl2 (HCFC-261) 0,020
C3H5F2Cl (HCFC-262) 0,020
C3H6FCl (HCFC-271) 0,030

(Î)ÙThese ozone-depleting potentials are estimates based on existing knowledge and will be reviewed and revised period-
ically in the light of decisions taken by the parties to the Montreal Protocol on Substances that Deplete the Ozone
Layer.
(Ï)ÙThis formula does not refer to 1,1,2-trichloroethane.
(Ð)ÙIdentifies the most commercially-viable substance as prescribed in the Protocol.
15.9.98 EN Official Journal of the European Communities C 286/21

ANNEX II

TOTAL QUANTITATIVE LIMITS ON PRODUCERS’ AND IMPORTERS’ PLACING
CONTROLLED SUBSTANCES ON THE MARKET AND USING THEM FOR THEIR OWN
ACCOUNT IN THE COMMUNITY

(calculated levels expressed in ODP tonnes)
Substance Group Group Group Group Group Group Group Group
I II III IV V VIØ(Î) VII VIII

For 12-month
periods from
1 January to
31 December

1999 0 0 0 0 0 7Ø412 0 8Ø079
2000 7412 8Ø079
2001 0 6Ø678
2002 6Ø010
2003 2Ø337
2004 2Ø003
2005 2Ø003
2006 2Ø003
2007 2Ø003
2008 334
2009 334
2010 334
2011 334
2012 334
2013 334
2014 334
2015 0

(Î)ÙCalculated on the basis of ODPØ=Ø0,6.

ANNEX III

GROUPS, COMBINED NOMENCLATURE 1997 (CN97) CODESØ(Î) AND DESCRIPTIONS FOR
THE SUBSTANCES REFERRED TO IN ANNEXES I AND II

Group CN97 code Description

Group I 2903Ø41Ø00 –Ø– Trichlorofluoromethane
2903Ø42Ø00 –Ø– Dichlorodifluoromethane
2903Ø43Ø00 –Ø– Trichlorotrifluoroethanes
2903Ø44Ø10 –ؖؖ Dichlorotetrafluoroethanes
2903Ø44Ø90 –ؖؖ Chloropentafluoroethane

Group II 2903Ø45Ø10 –ؖؖ Chlorotrifluoromethane
2903Ø45Ø15 –ؖؖ Pentachlorofluoroethane
2903Ø45Ø20 –ؖؖ Tetrachlorodifluoroethanes
2903Ø45Ø25 –ؖؖ Heptachlorofluoropropanes
2903Ø45Ø30 –ؖؖ Hexachlorodifluoropropanes
2903Ø45Ø35 –ؖؖ Pentachlorotrifluoropropanes
2903Ø45Ø40 –ؖؖ Tetrachlorotetrafluoropropanes
2903Ø45Ø45 –ؖؖ Trichloropentafluoropropanes
2903Ø45Ø50 –ؖؖ Dichlorohexafluoropropanes
2903Ø45Ø55 –ؖؖ Chloroheptafluoropropanes

Group III 2903Ø46Ø10 –ؖؖ Bromochlorodifluoromethane
2903Ø46Ø20 –ؖؖ Bromotrifluoromethane
2903Ø46Ø90 –ؖؖ Dibromotetrafluoroethanes
C 286/22 EN Official Journal of the European Communities 15.9.98

Group CN97 code Description

Group IV 2903Ø14Ø00 –Ø– Carbon tetrachloride

Group V 2903Ø19Ø10 –ؖؖ 1,1,1-Trichloroethane (methylchloroform)

Group VI 2903Ø30Ø33 –ؖؖ Bromomethane (methyl bromide)

Group VII 2903Ø49Ø30 –ؖؖؖ Hydrobromofluoromethanes, -ethanes or -propanes

Group VIII 2903Ø49Ø10 –ؖؖؖ Hydrochlorofluoromethanes, -ethanes or -propanes

exÙ3824Ø71Ø00 –ؖؖ Mixtures containing one or more substances falling
within codes 2903Ø41Ø00 to 2903Ø45Ø55

exÙ3824Ø79Ø00 –ؖؖ Mixtures containing one or more substances falling
within codes 2903Ø46Ø10 to 2903Ø46Ø90

exÙ3824Ø90Ø95 –ؖؖؖ Mixtures containing one or more substances falling
within codes 2903Ø14Ø00, 2903Ø19Ø10, 2903Ø30Ø33,
2903Ø49Ø10 or 2903Ø49Ø30.

(Î)ÙAn ‘ex’ before a code implies that products other than those referred to in the column headed ‘Description’ may fall
under that subheading.

ANNEX IV

COMBINED NOMENCLATURE (CN) CODES FOR PRODUCTS CONTAINING CONTROLLED
SUBSTANCES (Î)

1. Automobiles and truck air-conditioning units
CN codes
8701Ø20Ø10-8701Ø90Ø90
8702Ø10Ø11-8702Ø90Ø90
8703Ø10Ø11-8703Ø90Ø00
8704Ø10Ø11-8704Ø90Ø90
8705Ø10Ø00-8705Ø90Ø90
8706Ø00Ø11-8706Ø00Ø99

2. Domestic and commercial refrigeration and air-conditioning/heat-pump equipment
Refrigerators:
CN codes
8418Ø10Ø10-8418Ø29Ø00
8418Ø50Ø11-8418Ø50Ø19
8418Ø61Ø10-8418Ø69Ø99

Freezers:
CN codes
8418Ø10Ø10-8418Ø29Ø00
8418Ø30Ø10-8418Ø30Ø99
8418Ø40Ø10-8418Ø40Ø99
8418Ø50Ø11-8418Ø50Ø19
8418Ø61Ø10-8418Ø61Ø90
8418Ø69Ø10-8418Ø69Ø99
15.9.98 EN Official Journal of the European Communities C 286/23

Dehumidifiers:

CN codes

8415Ø10Ø00-8415Ø83Ø90
8424Ø89Ø80
8479Ø60Ø00
8479Ø89Ø10
8479Ø89Ø95

Water coolers:

CN codes

8419Ø60Ø00
8419Ø89Ø95

Ice machines:

CN codes

8418Ø10Ø10-8414Ø29Ø00
8418Ø30Ø10-8418Ø30Ø99
8418Ø40Ø10-8418Ø40Ø99
8418Ø50Ø11-8418Ø50Ø19
8418Ø61Ø10-8418Ø61Ø90
8418Ø69Ø10-8418Ø69Ø99
8479Ø89Ø95

Air-conditioning and heat-pump units:

CN codes

8415Ø10Ø00-8415Ø83Ø90
8418Ø61Ø10-8418Ø61Ø90
8418Ø69Ø10-8418Ø69Ø99
8418Ø99Ø10-8418Ø99Ø90

3. Aerosol products, except medical aerosols

Food products:

CN codes

0404Ø90Ø21-0404Ø90Ø89
1517Ø90Ø10-1517Ø90Ø99
2106Ø90Ø92
2106Ø90Ø98

Paints and varnishes, prepared water pigments and dyes:

CN codes

3208Ø10Ø10-3208Ø10Ø90
3208Ø20Ø10-3208Ø20Ø90
3208Ø90Ø11-3208Ø90Ø99
3209Ø10Ø00-3209Ø90Ø00
3210Ø00Ø10-3210Ø00Ø90
3212Ø90Ø90
C 286/24 EN Official Journal of the European Communities 15.9.98

Perfumery, cosmetic or toilet preparations:

CN codes

3303Ø00Ø10-3303Ø00Ø90
3304Ø30Ø00
3304Ø99Ø00
3305Ø10Ø00-3305Ø90Ø90
3306Ø10Ø00-3306Ø90Ø00
3307Ø10Ø00-3307Ø30Ø00
3307Ø49Ø00
3307Ø90Ø00

Surface-active preparations:

CN codes

3402Ø20Ø10-3402Ø20Ø90

Lubricating preparations:

CN codes

2710Ø00Ø81
2710Ø00Ø98
3403Ø11Ø00
3403Ø19Ø10-3403Ø19Ø99
3403Ø91Ø00
3403Ø99Ø10-3403Ø99Ø90

Household preparations:

CN codes

3405Ø10Ø00
3405Ø20Ø00
3405Ø30Ø00
3405Ø40Ø00
3405Ø90Ø10-3405Ø90Ø90

Articles of combustible materials:

CN codes

3606Ø10Ø00

Insecticides, rodenticides, fungicides, herbicides, etc.:

CN codes

3808Ø10Ø10-3808Ø10Ø90
3808Ø20Ø10-3808Ø20Ø80
3808Ø30Ø11-3808Ø30Ø90
3808Ø40Ø10-3808Ø40Ø90
3808Ø90Ø10-3808Ø90Ø90

Finishing agents etc.:

CN codes

3809Ø10Ø10-3809Ø10Ø90
3809Ø91Ø00-3809Ø93Ø00
15.9.98 EN Official Journal of the European Communities C 286/25

Preparations and charges for fire-extinguishers; charged fire-extinguishing grenades:
CN codes
3813Ø00Ø00

Organic composite solvents etc.:
CN codes
3814Ø00Ø10-3814Ø00Ø90

Prepared de-icing fluids:
CN codes
3820Ø00Ø00

Products of the chemical or allied industries:
CN codes
3824Ø90Ø10
3824Ø90Ø35
3824Ø90Ø40
3824Ø90Ø45-3824Ø90Ø95

Silicones in primary forms:
CN codes
3910Ø00Ø00

Arms:
CN codes
9304Ø00Ø00

4. Portable fire extinguishers
CN codes
8424Ø10Ø10-8424Ø10Ø99

5. Insulation boards, panels and pipe covers
CN codes
3917Ø21Ø10-3917Ø40Ø90
3920Ø10Ø23-3920Ø99Ø90
3921Ø11Ø00-3921Ø90Ø90
3925Ø10Ø00-3925Ø90Ø80
3926Ø90Ø10-3926Ø90Ø99

6. Pre-polymers
CN codes
3901Ø10Ø10-3911Ø90Ø99

(Î)ÙThese customs codes are given for the guidance of the Member States’ customs authorities.
C 286/26 EN Official Journal of the European Communities 15.9.98

ANNEX V

CRITERIA TO BE APPLIED IN DETERMINING CRITICAL USE EXEMPTIONS FOR METHYL
BROMIDE AFTER PHASE OUT

1.ÙThe competent authorities of Member States shall authorise the critical use of methyl bromide only
where it is demonstrated that all the following criteria are met:

(a)Ùit is necessary to safeguard food and commodity supplies, or is critical to the functioning of certain
types of production in agriculture or horticulture (including economic aspects);

(b) there are no available technically and economically feasible alternatives or substitutes that are
acceptable from the standpoint of environment and health;

(c) work is under way to investigate, evaluate, field test, commercialise and, where necessary, facilitate
regulatory approval for alternatives and substitutes, with a view to phasing out methyl bromide as
soon as possible;

(d) the methyl bromide will be applied using best available technology to reduce emissions;

(e) methyl bromide has been regularly used as an integral part of fumigation operations in the crop and
region concerned during the previous five years.

2.ÙCritical use exemptions for the continued use of methyl bromide after phase out shall:

(a)Ùspecify the maximum quantity of methyl bromide to be used, the maximum rate of application, the
minimum time between fumigations and the precautions to be taken to minimise emissions;

(b) specify as precisely as possible the particular use which has been exempted, including details of the
crop, cropping method, location(s) and the disease(s) which methyl bromide is required to
eradicate;

(c) be reviewed by the competent authorities at least every two years to determine whether or not the
use still meets these criteria, with a view to further stepwise reductions in the quantity of methyl
bromide used under the critical use exemption.

ANNEX VI

PROCESSES IN WHICH CONTROLLED SUBSTANCES ARE USED AS PROCESSING AGENTS

—Ùuse of carbon tetrachloride for the elimination of nitrogen trichloride in the production of caustic soda,

—Ùuse of carbon tetrachloride in the recovery of chlorine in tail gas from production of chlorine,

—Ùuse of carbon tetrachloride in the chlorinated rubber process,

—Ùuse of carbon tetrachloride in the production of pesticides,

—Ùuse of carbon tetrachloride in the production of pharmaceuticals,

—Ùuse of carbon tetrachloride in chlorosulfonated polyolefin (CSM) production,

—Ùproduction of poly-phenylene-terephtal-amide with the aid of carbon tetrachloride in an intermediate
raw product,
15.9.98 EN Official Journal of the European Communities C 286/27

—Ùuse of carbon tetrachloride in styrene butadiene rubber (SBR) production,

—Ùuse of carbon tetrachloride in chlorinated parafine production,

—Ùuse of CFC-113 in manufacturing a family of fluoropolymer resins,

—Ùuse of CFC-11 in manufacture of a fine synthetic fibre sheet structure.

ANNEX VII

CRITICAL USES OF HALON

Use of halon 1301:

—Ùin aircraft for the protection of engine nacelles, cargo bays and dry bays,

—Ùin crew compartments of military vehicles,

—Ùfor inerting of occupied spaces where flammable liquid release could occur.

Use of halon 1211:

—Ùin hand-held fire extinguishers for use on board aircraft,

—Ùin military and police fire extinguishers for use on persons.