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2000R2037 — EN — 30.09.2000 — 000.001 — 1 This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
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 2038/2000 of the European Parliament and of theCouncil of 28 September 2000 Regulation (EC) No 2039/2000 of the European Parliament and of theCouncil of 28 September 2000 2000R2037 — EN — 30.09.2000 — 000.001 — 2 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 THEEUROPEAN UNION, Having regard to the Treaty establishing the European Community, and inparticular 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 theTreaty (3), in the light of the joint text approved on 5 May 2000 by theConciliation Committee, It is established that continued emissions of ozone-depleting substancesat current levels continue to cause significant damage to the ozone layer.
Ozone depletion in the southern hemisphere reached unprecedentedlevels in 1998. In three out of four recent springs severe ozone depletionhas occurred in the Arctic region. Increased UV-B radiation resultingfrom ozone depletion poses a significant threat to health andenvironment. Further efficient measures need therefore to be taken inorder to protect human health and the environment against adverseeffects resulting from such emissions.
In view of its responsibilities for the environment and trade, theCommunity, pursuant to Decision 88/540/EEC (4), has become a Partyto the Vienna Convention for the Protection of the Ozone Layer and theMontreal Protocol on Substances that Deplete the Ozone Layer, asamended by the Parties to the Protocol at their second meeting inLondon and at their fourth meeting in Copenhagen.
Additional measures for the protection of the ozone layer were adoptedby the Parties to the Montreal Protocol at their seventh meeting inVienna in December 1995 and at their ninth meeting in Montreal inSeptember 1997, in which the Community participated.
It is necessary for action to be taken at Community level to carry out theCommunity’s obligations under the Vienna Convention and the latestamendments and adjustments to the Montreal Protocol, in particular tophase out the production and the placing on the market of methylbromide within the Community and to provide for a system for thelicensing not only of imports but also of exports of ozone-depletingsubstances.
In view of the earlier than anticipated availability of technologies forreplacing ozone-depleting substances, it is appropriate in certain casesto provide for control measures which are stricter than those providedfor in Council Regulation (EC) No 3093/94 of 15 December 1994 onsubstances that deplete the ozone layer (5) and stricter than those of theMontreal Protocol.
Regulation (EC) No 3093/94 must be modified substantially. It is in theinterest of legal clarity and transparency to revise that Regulationcompletely.
Opinion of the European Parliament of 17 December 1998 (OJ C 98, 9.4.1999, p.
266), confirmed on 16 September 1999, Council Common Position of 23 February1999 (OJ C 123, 4.5.1999, p. 28) and Decision of the European Parliament of 15December 1999 (not yet published in the Official Journal). Decision of theEuropean Parliament of 13 June 2000 and Decision of the Council of 16 June 2000.
2000R2037 — EN — 30.09.2000 — 000.001 — 3 Under Regulation (EC) No 3093/94 the production of chlorofluoro-carbons, other fully halogenated chlorofluorocarbons, halons, carbontetrachloride, 1,1,1-trichloroethane and hydrobromofluorocarbons hasbeen phased out. The production of those controlled substances is thusprohibited, subject to possible derogation for essential uses and to meetthe basic domestic needs of Parties pursuant to Article 5 of the MontrealProtocol. It is now also appropriate progressively to prohibit the placingon the market and use of those substances and of products andequipment containing those substances.
Even after the phase-out of controlled substances the Commission mayunder certain conditions grant exemptions for essential uses.
The growing availability of alternatives to methyl bromide should bereflected in more substantial reductions in its production andconsumption compared to the Montreal Protocol. The production andconsumption of methyl bromide should cease completely subject topossible derogations for critical uses determined at Community levelfollowing the criteria established under the Montreal Protocol. Also theuse of methyl bromide for quarantine and preshipment applicationsshould be controlled. Such use should not exceed current levels andultimately be reduced in the light of technical development anddevelopments under the Montreal Protocol.
(10) Regulation (EC) No 3093/94 provides for controls on the production of all other ozone-depleting substances but not for controls on theproduction of hydrochlorofluorocarbons. It is appropriate to introducesuch provision to ensure that hydrochlorofluorocarbons do not continueto be used where non-ozone-depleting alternatives exist. Measures forthe control of the production of hydrochlorofluorocarbons should betaken by all Parties to the Montreal Protocol. A freeze on production ofhydrochlorofluorocarbons would reflect that need and the Community’sdetermination to take a leading role in this respect. The quantitiesproduced should be adapted to the reductions envisaged for the placingon the Community market of hydrochlorofluorocarbons and to thedeclining demand worldwide as a consequence of reductions in theconsumption of hydrochlorofluorocarbons required by the Protocol.
(11) The Montreal Protocol, in Article 2F(7), requires the Parties to endeavour to ensure that the use of hydrochlorofluorocarbons is limitedto those applications where other more environmentally suitablealternative substances or technologies are not available. In view of theavailability of alternative and substitute technologies, the placing on themarket and use of hydrochlorofluorocarbons and products containinghydrochlorofluorocarbons can be further limited. Decision VI/13 of theMeeting of the Parties to the Montreal Protocol provides that theevaluation of alternatives to hydrochlorofluorocarbons should take intoaccount such factors as ozone-depleting potential, energy efficiency,potential flammability, toxicity and global warming and the potentialimpacts on the effective use and phase-out of chlorofluorocarbons andhalons. Hydrochlorofluorocarbon controls under the Montreal Protocolshould be considerably tightened to protect the ozone layer and toreflect the availability of alternatives.
(12) Quotas for the release for free circulation in the Community of controlled substances should be allocated only for limited uses ofcontrolled substances. Controlled substances and products containingcontrolled substances from States not party to the Montreal Protocolshould not be imported.
(13) The licensing system for controlled substances should be extended to include the authorisation of exports of controlled substances, in order tomonitor trade in ozone-depleting substances and to allow for exchangeof information between Parties.
(14) Provision should be made for the recovery of used controlled substances, and to prevent leakages of controlled substances.
(15) The Montreal Protocol requires reporting on trade in ozone-depleting substances. Annual reporting should therefore be required fromproducers, importers and exporters of controlled substances.
2000R2037 — EN — 30.09.2000 — 000.001 — 4 (16) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of28 June 1999 laying down the procedures for the exercise ofimplementing powers conferred on the Commission (1).
(17) Decision X/8 of the 10th meeting of the Parties to the Montreal Protocol encourages Parties to take measures actively, as appropriate, todiscourage the production and marketing of new ozone-depletingsubstances and in particular of bromochloromethane. To this end amechanism should be established to provide for new substances to beaddressed by this Regulation. The production, importation, placing onthe market and use of bromochloromethane should be prohibited.
(18) The switch to new technologies or alternative products, required because the production and use of controlled substances are to bephased out, could lead to problems for small and medium-sizedenterprises (SMEs) in particular. The Member States should thereforeconsider providing appropriate forms of assistance specifically toenable SMEs to make the necessary changes, INTRODUCTORY PROVISIONS
This Regulation shall apply to the production, importation, exportation,placing on the market, use, recovery, recycling and reclamation anddestruction of chlorofluorocarbons, other fully halogenated chlorofluor-ocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide,hydrobromofluorocarbons and hydrochlorofluorocarbons, to the reporting ofinformation on these substances and to the importation, exportation, placingon the market and use of products and equipment containing those substances.
This Regulation shall also apply to the production, importation, placing on themarket and use of substances in Annex II.
Definitions
— ‘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 organi-sation that has not agreed to be bound by the provisions of the Protocolapplicable to that substance, — ‘controlled substances’ means chlorofluorocarbons, other fully halogen- ated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroe-thane, methyl bromide, hydrobromofluorocarbons and hydrochlorofluor-ocarbons, whether alone or in a mixture, and whether they are virgin,recovered, recycled or reclaimed. This definition shall not cover anycontrolled substance which is in a manufactured product other than acontainer used for the transportation or storage of that substance, orinsignificant quantities of any controlled substance, originating frominadvertent or coincidental production during a manufacturing process,from unreacted feedstock, or from use as a processing agent which ispresent in chemical substances as trace impurities, or that is emittedduring product manufacture or handling, — ‘chlorofluorocarbons’ (CFCs) means the controlled substances listed in Group I of Annex I, including their isomers, 2000R2037 — EN — 30.09.2000 — 000.001 — 5 — ‘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, — ‘carbon tetrachloride’ means the controlled substance specified in Group — ‘1,1,1-trichloroethane’ means the controlled substance specified in Group — ‘methyl bromide’ means the controlled substance specified in Group VI — ‘hydrobromofluorocarbons’ means the controlled substances listed in Group VII of Annex I, including their isomers, — ‘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 theyare virgin, recovered, recycled or reclaimed. This definition shall notcover any substance which is in a manufactured product other than acontainer used for transportation or storage of that substance, orinsignificant quantities of any new substance, originating frominadvertent or coincidental production during a manufacturing processor from unreacted feedstock, — ‘feedstock’ means any controlled substance or new substance that undergoes chemical transformation in a process in which it is entirelyconverted from its original composition and whose emissions areinsignificant, — ‘processing agent’ means controlled substances used as chemical processing agents in those applications listed in Annex VI, in installationsexisting at 1 September 1997, and where emissions are insignificant. TheCommission shall, in the light of those criteria and in accordance with theprocedure referred to in Article 18(2), establish a list of undertakings inwhich the use of controlled substances as processing agents shall bepermitted, laying down maximum emission levels for each of theundertakings concerned. It may, in accordance with the procedurereferred to in Article 18(2), amend Annex VI as well as the list ofundertakings referred to above in the light of new information ortechnical developments, including the review provided for in DecisionX/14 of the Meeting of the Parties to the Protocol, — ‘producer’ means any natural or legal person manufacturing controlled — ‘production’ means the amount of controlled substances produced, less the amount destroyed by technologies approved by the Parties and less theamount entirely used as feedstock or as a processing agent in themanufacture of other chemicals. No amount recovered, recycled orreclaimed 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 controlledsubstance on the ozone layer, — ‘calculated level’ means a quantity determined by multiplying the quantity of each controlled substance by its ozone-depleting potential andby adding together, for each group of controlled substances in Annex Iseparately, 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 ofproduction of one producer to another, for the purpose of optimisingeconomic efficiency or responding to anticipated shortfalls in supply as aresult 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 orproducts 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 otherprocesses except for feedstock and processing agent uses, 2000R2037 — EN — 30.09.2000 — 000.001 — 6 — ‘reversible air-conditioning/heat pump system’ means a combination of interconnected refrigerant-containing parts constituting one closedrefrigeration circuit, in which the refrigerant is circulated for the purposeof extracting and rejecting heat (i.e. cooling, heating), processes whichare reversible in that the evaporators and condensers are designed to beinterchangeable 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 1992establishing the Community Customs Code (1), — ‘recovery’ means the collection and the storage of controlled substances from, for example, machinery, equipment and containment vessels duringservicing 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 oftencarried 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 toa specified standard of performance, which often involves processing offsite 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 orcommercial purposes in the Community, who releases such importedsubstances for free circulation in the Community, or who exports suchsubstances from the Community for industrial or commercial purposes.
PHASE-OUT SCHEDULE
Control of production of controlled substances
Subject to paragraphs 5 to 10, the production of the following shall be (b) other fully halogenated chlorofluorocarbons; In the light of the proposals made by Member States, the Commission shall, inaccordance with the procedure referred to in Article 18(2), apply the criteriaset out in Decision IV/25 of the Parties in order to determine every year anyessential uses for which the production and importation of controlledsubstances referred to in the first subparagraph may be permitted in theCommunity and those users who may take advantage of those essential uses.
Such production and importation shall be allowed only if no adequatealternatives or recycled or reclaimed controlled substances referred to in thefirst subparagraph are available from any of the Parties.
(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 to 31 December 1999 and in each 12-monthperiod thereafter does not exceed 75 % of the calculated level ofits production of methyl bromide in 1991; (b) the calculated level of its production of methyl bromide in the period 1 January to 31 December 2001 and in each 12-month OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No955/1999 (OJ L 119, 7. 5.1999, p. 1 ).
2000R2037 — EN — 30.09.2000 — 000.001 — 7 period thereafter does not exceed 40 % of the calculated level ofits production of methyl bromide in 1991; (c) the calculated level of its production of methyl bromide in the period 1 January to 31 December 2003 and in each 12-monthperiod thereafter does not exceed 25 % of the calculated level ofits 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 quarantineand preshipment applications.
(ii) In the light of the proposals made by Member States, the Commission shall, in accordance with the procedure referred to inArticle 18(2), apply the criteria set out in Decision IX/6 of theParties, together with any other relevant criteria agreed by theParties, in order to determine every year any critical uses for whichthe production, importation and use of methyl bromide may bepermitted in the Community after 31 December 2004, the quantitiesand uses to be permitted and those users who may take advantage ofthe critical exemption. Such production and importation shall beallowed only if no adequate alternatives or recycled or reclaimedmethyl bromide is available from any of the Parties.
In an emergency, where unexpected outbreaks of particular pests ordiseases so require, the Commission, at the request of the competentauthority of a Member State, may authorise the temporary use ofmethyl bromide. Such authorisation shall apply for a period notexceeding 120 days and to a quantity not exceeding 20 tonnes.
Subject to paragraphs 8, 9 and 10, each producer shall ensure that: (a) the calculated level of its production of hydrochlorofluorocarbons in the period 1 January 2000 to 31 December 2000 and in each 12-month periodthereafter does not exceed the calculated level of its production ofhydrochlorofluorocarbons in 1997; (b) the calculated level of its production of hydrochlorofluorocarbons in the period 1 January 2008 to 31 December 2008 and in each 12-month periodthereafter does not exceed 35 % of the calculated level of its productionof hydrochlorofluorocarbons in 1997; (c) the calculated level of its production of hydrochlorofluorocarbons in the period 1 January 2014 to 31 December 2014 and in each 12-month periodthereafter does not exceed 20 % of the calculated level of its productionof hydrochlorofluorocarbons in 1997; (d) the calculated level of its production of hydrochlorofluorocarbons in the period 1 January 2020 to 31 December 2020 and in each 12-month periodthereafter does not exceed 15 % of the calculated level of its productionof hydrochlorofluorocarbons in 1997; (e) it produces no hydrochlorofluorocarbons after 31 December 2025.
Before 31 December 2002, the Commission shall review the level ofproduction of hydrochlorofluorocarbons with a view to determining: — whether a production cut ahead of the year 2008 should be proposed, — whether a change to the levels of production provided for under (b), (c) This review will take into account the development of hydrochlorofluoro-carbon consumption worldwide, the hydrochlorofluorocarbon exports fromthe Community and other OECD countries and the technical and economicavailability of alternative substances or technologies as well as relevantinternational developments under the Protocol.
The Commission shall issue licences to those users identified in accordance with the second subparagraph of paragraph 1 and paragraph 2(ii)and shall notify them of the use for which they have authorisation and thesubstances and quantities thereof that they are authorised to use.
2000R2037 — EN — 30.09.2000 — 000.001 — 8 A producer may be authorised by the competent authority of the Member State in which that producer’s relevant production is situated to produce thecontrolled substances referred to in paragraphs 1 and 2 for the purpose ofmeeting the requests licensed in accordance with paragraph 4. The competentauthority of the Member State concerned shall notify the Commission inadvance of its intention to issue any such authorisation.
The competent authority of the Member State in which a producer’s relevant production is situated may authorise that producer to exceed thecalculated levels of production laid down in paragraphs 1 and 2 in order tosatisfy the basic domestic needs of Parties pursuant to Article 5 of theProtocol, provided that the additional calculated levels of production of theMember State concerned do not exceed those permitted for that purpose byArticles 2A to 2E and 2H of the Protocol for the periods in question. Thecompetent authority of the Member State concerned shall notify theCommission in advance of its intention to issue any such authorisation.
To the extent permitted by the Protocol, the competent authority of the Member State in which a producer’s relevant production is situated mayauthorise that producer to exceed the calculated levels of production laiddown in paragraphs 1 and 2 in order to satisfy any essential, or critical, uses ofParties at their request. The competent authority of the Member Stateconcerned shall notify the Commission in advance of its intention to issue anysuch authorisation.
To the extent permitted by the Protocol, the competent authority of the Member State in which a producer’s relevant production is situated mayauthorise that producer to exceed the calculated levels of production laiddown in paragraphs 1 to 7 for the purpose of industrial rationalisation withinthe Member State concerned, provided that the calculated levels of productionof that Member State do not exceed the sum of the calculated levels ofproduction of its domestic producers as laid down in paragraphs 1 to 7 for theperiods in question. The competent authority of the Member State concernedshall notify the Commission in advance of its intention to issue any suchauthorisation.
To the extent permitted by the Protocol, the Commission may, in agreement with the competent authority of the Member State in which aproducer’s relevant production is situated, authorise that producer to exceedthe calculated levels of production laid down in paragraphs 1 to 8 for thepurpose of industrial rationalisation between Member States, provided thatthe combined calculated levels of production of the Member States concerneddo not exceed the sum of the calculated levels of production of their domesticproducers as laid down in paragraphs 1 to 8 for the periods in question. Theagreement of the competent authority of the Member State in which it isintended to reduce production shall also be required.
10. To the extent permitted by the Protocol, the Commission may, inagreement with both the competent authority of the Member State in which aproducer’s relevant production is situated and the government of the thirdParty concerned, authorise a producer to combine the calculated levels ofproduction laid down in paragraphs 1 to 9 with the calculated levels ofproduction allowed to a producer in a third Party under the Protocol and thatproducer’s national legislation for the purpose of industrial rationalisationwith a third Party, provided that the combined calculated levels of productionby the two producers do not exceed the sum of the calculated levels ofproduction allowed to the Community producer under paragraphs 1 to 9 andthe calculated levels of production allowed to the third Party producer underthe Protocol and any relevant national legislation.
Control of the placing on the market and use of controlled substances
Subject to paragraphs 4 and 5, the placing on the market and the use of the following controlled substances shall be prohibited: (b) other fully halogenated chlorofluorocarbons; 2000R2037 — EN — 30.09.2000 — 000.001 — 9 The Commission may, following a request by a competent authority of aMember State and in accordance with the procedure referred to in Article18(2), authorise a temporary exemption to allow the use of chlorofluoro-carbons until 31 December 2004 in delivery mechanisms for hermeticallysealed devices designed for implantation in the human body for delivery ofmeasured doses of medication, and until 31 December 2008, in existingmilitary applications, where it is demonstrated that, for a particular use,technically and economically feasible alternative substances or technologiesare not available or cannot be used.
(i) Subject to paragraphs 4 and 5, each producer and importer shall (a) the calculated level of methyl bromide which it places on the market or uses for its own account in the period 1 January 1999to 31 December 1999 and in each 12-month period thereafterdoes not exceed 75 % of the calculated level of methyl bromidewhich it placed on the market or used for its own account in1991; (b) the calculated level of methyl bromide which it places on the market or uses for its own account in the period 1 January 2001to 31 December 2001 and in each 12-month period thereafterdoes not exceed 40 % of the calculated level of methyl bromidewhich it placed on the market or used for its own account in1991; (c) the calculated level of methyl bromide which it places on the market or uses for its own account in the period 1 January 2003to 31 December 2003 and in each 12-month period thereafterdoes not exceed 25 % of the calculated level of methyl bromidewhich it placed on the market or used for its own account in1991; (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, followinga request by a competent authority of a Member State and in accordancewith the procedure referred to in Article 18(2), adjust the calculated levelof 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 thatMember State, because technically and economically feasible alternativesor substitutes that are acceptable from the standpoint of environment andhealth are not available or cannot be used.
The Commission, in consultation with Member States, shall encouragethe development, including research, and the use of alternatives to methylbromide 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 importersshall 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 producedor imported for quarantine and preshipment applications. For theperiod 1 January 2001 to 31 December 2001 and for each 12-monthperiod thereafter, each producer and importer shall ensure that thecalculated level of methyl bromide which it places on the market oruses for its own account for quarantine and preshipment applicationsshall not exceed the average of the calculated level of methylbromide which it placed on the market or used for its own accountfor quarantine and preshipment in the years 1996, 1997 and 1998.
Each year Member States shall report to the Commission thequantities of methyl bromide authorised for quarantine and preship-ment used in their territory, the purposes for which methyl bromidewas used, and the progress in evaluating and using alternatives.
The Commission shall, in accordance with the procedure referred toin Article 18(2), take measures to reduce the calculated level ofmethyl bromide which producers and importers may place on themarket or use for their own account for quarantine and preshipmentin the light of technical and economic availability of alternativesubstances or technologies and of the relevant internationaldevelopments under the Protocol.
2000R2037 — EN — 30.09.2000 — 000.001 — 10 (iv) The total quantitative limits for the placing on the market or use for their own account by producers and importers of methyl bromide areset out in Annex III.
(i) Subject to paragraphs 4 and 5 and to Article 5(5): (a) the calculated level of hydrochlorofluorocarbons which pro- ducers and importers place on the market or use for their ownaccount in the period 1 January 1999 to 31 December 1999 andin 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 fortheir own account in 1989, and — the calculated level of hydrochlorofluorocarbons which producers and importers placed on the market or used fortheir own account in 1989; (b) the calculated level of hydrochlorofluorocarbons which pro- ducers and importers place on the market or use for their ownaccount in the period 1 January 2001 to 31 December 2001 shallnot exceed the sum of: — 2,0 % of the calculated level of chlorofluorocarbons which producers and importers placed on the market or used fortheir own account in 1989, and — the calculated level of hydrochlorofluorocarbons which producers and importers placed on the market or used fortheir own account in 1989; (c) the calculated level of hydrochlorofluorocarbons which pro- ducers and importers place on the market or use for their ownaccount in the period 1 January 2002 to 31 December 2002 shallnot exceed 85 % of the level calculated pursuant to subparagraph(b); (d) the calculated level of hydrochlorofluorocarbons which pro- ducers and importers place on the market or use for their ownaccount in the period 1 January 2003 to 31 December 2003 shallnot exceed 45 % of the level calculated pursuant to subparagraph(b); (e) the calculated level of hydrochlorofluorocarbons which pro- ducers and importers place on the market or use for their ownaccount in the period 1 January 2004 to 31 December 2004 andin each 12-month period thereafter shall not exceed 30 % of thelevel calculated pursuant to subparagraph (b); (f) the calculated level of hydrochlorofluorocarbons which pro- ducers and importers place on the market or use for their ownaccount in the period 1 January 2008 to 31 December 2008 andin each 12-month period thereafter shall not exceed 25 % of thelevel calculated pursuant to subparagraph (b); (g) producers and importers shall not place hydrochlorofluoro- carbons on the market or use them for their own account after 31December 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 to 31
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), "M2 the percentage share assigned to it in 1999 3 .
(ii) Before 1 January 2001, the Commission shall, in accordance with the procedure referred to in Article 18(2), determine a mechanism forthe allocation of quotas to each producer and importer of thecalculated levels set out in (d) to (f), applicable for the period 1January 2003 to 31 December 2003 and for each 12-month periodthereafter.
(iii) In the case of producers, the quantities referred to in this paragraph shall apply to the amounts of virgin hydrochlorofluorocarbons whichthey place on the market or use for their own account within theCommunity and which were produced in the Community.
2000R2037 — EN — 30.09.2000 — 000.001 — 11 (iv) The total quantitative limits for the placing on the market or use for their own account by producers and importers of hydrochlorofluoro-carbons are set out in Annex III.
(i) (a) Paragraphs 1, 2 and 3 shall not apply to the placing on the market of controlled substances for destruction within theCommunity 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 tomeet the licensed requests for critical uses of those usersidentified as laid down in Article 3(2) or to meet therequests for temporary emergency applications authorised inaccordance with Article 3(2) (ii).
(ii) Paragraph 1 shall not apply to the placing on the market, by undertakings other than producers, of controlled substances for themaintenance or servicing of refrigeration and air-conditioningequipment 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-conditioningequipment 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 existingfire protection systems until 31 December 2002 or to the placing onthe market and use of haloes for critical uses as set out in Annex VII.
Each year the competent authorities of the Member States shallnotify to the Commission the quantities of haloes used for criticaluses, the measures taken to reduce their emissions and an estimate ofsuch emissions, and the current activities to identify and useadequate alternatives. Each year the Commission shall review thecritical uses listed in Annex VII and, if necessary, adoptmodifications in accordance with the procedure referred to inArticle 18(2).
(v) Except for uses listed in Annex VII, fire protection systems and fire extinguishers containing halons shall be decommissioned before 31December 2003, and halons shall be recovered in accordance withArticle 16.
Any producer or importer entitled to place controlled substances referred to in this Article on the market or use them for its own account may transferthat right in respect of all or any quantities of that group of substances fixed inaccordance with this Article to any other producer or importer of that group ofsubstances within the Community. Any such transfer shall be notified inadvance to the Commission. The transfer of the right to place on the market oruse shall not imply the further right to produce or to import.
The importation and placing on the market of products and equipment containing chlorofluorocarbons, other fully halogenated chlorofluorocarbons,halons, carbon tetrachloride, 1,1,1-trichloroethane and hydrobromofluoro-carbons shall be prohibited, with the exception of products and equipment forwhich the use of the respective controlled substance has been authorised inaccordance with the second subparagraph of Article 3(1) or is listed in AnnexVII. Products and equipment shown to be manufactured before the entry intoforce of this Regulation shall not be covered by this prohibition.
Control of the use of hydrochlorofluorocarbons
Subject to the following conditions, the use of hydrochlorofluorocarbons (i) in non-contained solvent uses including open-top cleaners and open-top dewatering systems without refrigerated areas, in adhesivesand mould-release agents when not employed in closed equipment, 2000R2037 — EN — 30.09.2000 — 000.001 — 12 for drain cleaning where hydrochlorofluorocarbons are not re-covered; (ii) from 1 January 2002, in all solvent uses, with the exception of precision cleaning of electrical and other components in aerospaceand aeronautics applications where the prohibition shall enter intoforce on 31 December 2008; (i) in equipment produced after 31 December 1995 for the following — 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 formilitary uses where the prohibition shall enter into force on 31December 2008, — in road public-transport air-conditioning, (ii) in rail transport air-conditioning, in equipment produced after 31 (iii) from 1 January 2000, in equipment produced after 31 December — in public and distribution cold stores and warehouses, — for equipment of 150 kw and over, shaft input, (iv) from 1 January 2001, in all other refrigeration and air-conditioning equipment produced after 31 December 2000, with the exception offixed air-conditioning equipment, with a cooling capacity of lessthan 100 kW, where the use of hydrochlofluorocarbons shall beprohibited from 1 July 2002 in equipment produced after 30 June2002 and of reversible air-conditioning/heat pump systems where theuse of hydrochlorofluorocarbons shall be prohibited from 1 January2004 in all equipment produced after 31 December 2003; (v) from 1 January 2010, the use of virgin hydrochlorofluorocarbons shall be prohibited in the maintenance and servicing of refrigerationand air-conditioning equipment existing at that date; all hydro-chlorofluorocarbons shall be prohibited from 1 January 2015.
Before 31 December 2008 the Commission shall review the technicaland economic availability of alternatives to recycled hydrochloro-fluorocarbons.
The review shall take into account the availability of technically andeconomically feasible alternatives to hydrochlorofluorocarbons inexisting refrigeration equipment with the view to avoiding undueabandonment of equipment.
Alternatives for consideration should have a significantly lessharmful effect on the environment than hydrochlorofluorocarbons.
The Commission shall submit the result of the review to theEuropean Parliament and to the Council. It shall, as appropriate, inaccordance with the procedure referred to in Article 18(2), take adecision on whether to adapt the date of 1 January 2015; (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 ofpolyurethane sandwich panels, except where these last two are usedfor insulated transport; (v) from 1 January 2004, for the production of all foams, including 2000R2037 — EN — 30.09.2000 — 000.001 — 13 (e) as carrier gas for sterilisation substances in closed systems, in equipment By way of derogation from paragraph l, the use of hydrochlorofluoro- (a) in laboratory uses, including research and development; By way of derogation from paragraph 1, the use of hydrochlorofluor- ocarbons as fire-fighting agents in existing fire protection systems may bepermitted for replacing halons in applications listed in Annex VII under thefollowing conditions: — halons contained in such fire protection systems shall be replaced — 70 % of the destruction costs shall be covered by the supplier of the — each year, Member States making use of this provision shall notify to the Commission the number of installations and the quantities of halonsconcerned.
The importation and placing on the market of products and equipment containing hydrochlorofluorocarbons for which a use restriction is in forceunder this Article shall be prohibited from the date on which the userestriction comes into force. Products and equipment shown to be manu-factured before the date of that use restriction shall not be covered by thisprohibition.
Until 31 December 2009, the use restrictions under this Article shall not apply to the use of hydrochlorofluorocarbons for the production of productsfor export to countries where the use of hydrochlorofluorocarbons in thoseproducts is still permitted.
The Commission may, in accordance with the procedure referred to in Article 18(2), in the light of experience with the operation of this Regulationor to reflect technical progress, modify the list and the dates set out inparagraph 1, but in no case extend the periods set out therein, withoutprejudice to the exemptions provided for in paragraph 7.
The Commission may, following a request by a competent authority of a Member State and in accordance with the procedure referred to in Article18(2), authorise a time-limited exemption to allow the use and placing on themarket of hydrochlorofluorocarbons in derogation from paragraph 1 andArticle 4(3) where it is demonstrated that, for a particular use, technically andeconomically feasible alternative substances or technologies are not availableor cannot be used. The Commission shall immediately inform the MemberStates of any exemptions granted.
Licences to import from third countries
The release for free circulation in the Community or inward processing of controlled substances shall be subject to the presentation of an import licence.
Such licences shall be issued by the Commission after verification ofcompliance with Articles 6, 7, 8 and 13. The Commission shall forward acopy of each licence to the competent authority of the Member State intowhich the substances concerned are to be imported. Each Member State shallappoint a competent authority for that purpose. Controlled substances listed ingroups I, II, III, IV and V as listed in Annex I shall not be imported for inwardprocessing.
2000R2037 — EN — 30.09.2000 — 000.001 — 14 The licence, when related to an inward-processing procedure, shall be issued only if the controlled substances are to be used in the customs territoryof the Community under the system of suspension provided for in Article114(2) (a) of Regulation (EEC) No 2913/92, and under the condition that thecompensating products are re-exported to a State where the production,consumption or import of that controlled substance is not prohibited. Thelicence shall only be issued following approval of the competent authority ofthe Member State in which the inward-processing operation is to take place.
(a) the names and the addresses of the importer and the exporter; (c) the country of final destination if controlled substances are to be used in the customs territory of the Community under the inward-processingprocedure as referred to in paragraph 2; (d) a description of each controlled substance, including: — 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; (f) if known, the place and date of the proposed importation and, where relevant, any changes to these data.
The Commission may require a certificate attesting the nature of The Commission may, in accordance with the procedure referred to in Article 18(2), modify the list of items mentioned in paragraph 3 and AnnexIV.
Imports of controlled substances from third countries
The release for free circulation in the Community of controlled substancesimported from third countries shall be subject to quantitative limits. Thoselimits shall be determined and quotas allocated to undertakings for the period1 January to 31 December 1999 and for each 12-month period thereafter inaccordance with the procedure referred to in Article 18(2). They shall beallocated only: (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 (d) to undertakings having destruction facilities for recovered controlled substances if the controlled substances are used for destruction in theCommunity by technologies approved by the Parties.
Imports of controlled substances from a State not party to the Protocol
The release for free circulation in the Community or inward processing ofcontrolled substances imported from any State not party to the Protocol shallbe prohibited.
2000R2037 — EN — 30.09.2000 — 000.001 — 15 Imports of products containing controlled substances from a State not
party to the Protocol
The release for free circulation in the Community of products and equipment containing controlled substances imported from any State notParty to the Protocol shall be prohibited.
A list of products containing controlled substances and of Combined Nomenclature codes is given in Annex V for guidance of the Member States’customs authorities. The Commission may, in accordance with the procedurereferred to in Article 18(2), add to, delete items from or amend this list in thelight of the lists established by the Parties.
Imports of products produced using controlled substances from a State
not party to the Protocol
In the light of the decision of the Parties, the Council shall, on a proposal fromthe Commission, adopt rules applicable to the release for free circulation inthe Community of products which were produced using controlled substancesbut do not contain substances which can be positively identified as controlledsubstances, imported from any State not party to the Protocol. Theidentification of such products shall comply with periodical technical advicegiven to the Parties. The Council shall act by a qualified majority.
Export of controlled substances or products containing controlled
substances
Exports from the Community of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trich-loroethane and hydrobromofluorocarbons or products and equipment, otherthan personal effects, containing those substances or whose continuingfunction relies on supply of those substances shall be prohibited. Thisprohibition shall not apply to exports of: (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 (c) products and equipment containing controlled substances produced under Article 3(5) or imported under Article 7(b); (d) products and equipment containing halon, to satisfy critical uses listed in (e) controlled substances to be used for feedstock and processing agent (f) metered dose inhalers and delivery mechanisms containing chlorofluoro- carbons for hermetically sealed devices for implantation in the humanbody for delivery of measured doses of medication which, under Article4(1), may be given a temporary authorisation in accordance with theprocedure referred to in Article 18(2).
Exports from the Community of methyl bromide to any State not party to From 1 J a nua r y 20 04, ex por t s from t he Com m un it y o f hydrochlorofluorocarbons to any State not party to the Protocol shall beprohibited. The Commission shall, in accordance with the procedure referredto in Article 18(2), examine the above date in the light of relevantinternational developments under the Protocol and modify it as appropriate.
2000R2037 — EN — 30.09.2000 — 000.001 — 16 Export authorisation
Exports from the Community of controlled substances shall be subject to authorisation. Such export authorisation shall be issued by the Commission toundertakings for the period 1 January to 31 December 2001 and for each12-month period thereafter after verification of compliance with Article 11.
The Commission shall forward a copy of each export authorisation to thecompetent authority of the Member State concerned.
An application for an export authorisation shall state: (a) the name and address of the exporter and of the producer, where it is not (b) a description of the controlled substance(s) intended for export, — the description and the CN code as laid down in Annex IV, — the nature of the substance (virgin, recovered or reclaimed) ; (c) the total quantity of each substance to be exported; (d) the country/countries of final destination of the controlled substance(s); Each exporter shall notify the Commission of any changes which might occur during the period of validity of the authorisation in relation to the datanotified under paragraph 2. Each exporter shall report to the Commission inaccordance with Article 19.
Exceptional authorisation to trade with a State not party to the Protocol
By way of derogation from Articles 8, 9(1), 10, 11(2) and (3), trade with anyState not party to the Protocol in controlled substances and products whichcontain or are produced by means of one or more such substances may beauthorised by the Commission, to the extent that the State not party to theProtocol is determined by a meeting of the Parties to be in full compliancewith the Protocol and has submitted data to that effect as specified in Article 7of the Protocol. The Commission shall act in accordance with the procedurereferred to in Article 18(2) of this Regulation.
Trade with a territory not covered by the Protocol
Subject to any decision taken under paragraph 2, Articles 8, 9, 11(2) and (3) shall apply to any territory not covered by the Protocol as they apply to anyState not party to the Protocol.
Where the authorities of a territory not covered by the Protocol are in full compliance with the Protocol and have submitted data to that effect asspecified in Article 7 of the Protocol, the Commission may decide that someor all of the provisions of Articles 8, 9 and 11 of this Regulation shall notapply in respect of that territory.
The Commission shall take its decision in accordance with the procedurereferred to in Article 18(2).
Notification of Member States
The Commission shall immediately notify the Member States of any measuresit adopts pursuant to Articles 6, 7, 9, 12, 13 and 14.
2000R2037 — EN — 30.09.2000 — 000.001 — 17 EMISSION CONTROL
Recovery of used controlled substances
— refrigeration, air-conditioning and heat pump equipment, except domestic — fire protection systems and fire extinguishers, shall be recovered for destruction by technologies approved by the Parties orby any other environmentally acceptable destruction technology, or forrecycling or reclamation during the servicing and maintenance of equipmentor before the dismantling or disposal of equipment.
Controlled substances contained in domestic refrigerators and freezers shall be recovered and dealt with as provided for in paragraph 1 after 31December 2001.
Controlled substances contained in products, installations and equipment other than those mentioned in paragraphs 1 and 2 shall be recovered, ifpracticable, and dealt with as provided in paragraph 1.
Controlled substances shall not be placed on the market in disposable containers, except for essential uses.
Member States shall take steps to promote the recovery, recycling, reclamation and destruction of controlled substances and shall assign to users,refrigeration technicians or other appropriate bodies responsibility forensuring compliance with the provisions of paragraph 1. Member Statesshall define the minimum qualification requirements for the personnelinvolved. By 31 December 2001 at the latest, Member States shall report tothe Commission on the programmes related to the above qualificationrequirements. The Commission shall evaluate the measures taken by theMember States. In the light of this evaluation and of technical and otherrelevant information, the Commission, as appropriate, shall propose measuresregarding those minimum qualification requirements.
Member States shall report to the Commission by 31 December 2001 on the systems established to promote the recovery of used controlled substances,including the facilities available and the quantities of used controlledsubstances recovered, recycled, reclaimed or destroyed.
This Article shall be without prejudice to Council Directive 75/442/EEC of 15 July 1975 on waste (1) or to measures adopted following Article 2(2) ofthat Directive.
Leakages of controlled substances
All precautionary measures practicable shall be taken to prevent and minimise leakages of controlled substances. In particular, fixed equipmentwith a refrigerating fluid charge of more than 3 kg shall be checked forleakages annually. Member States shall define the minimum qualificationrequirements for the personnel involved. By 31 December 2001 at the latest,Member States shall report to the Commission on the programmes related tothe above qualification requirements. The Commission shall evaluate themeasures taken by the Member States. In the light of this evaluation and oftechnical and other relevant information, the Commission, as appropriate,shall propose measures regarding those minimum qualification requirements.
The Commission shall promote the preparation of European standards relatingto the control of leakages and to the recovery of substances leaking fromcommercial and industrial air-conditioning and refrigeration equipment, from OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision96/350/EC (OJ L 135, 6.6.1996, p. 32).
2000R2037 — EN — 30.09.2000 — 000.001 — 18 fire-protection systems and from equipment containing solvents as well as, asappropriate, to technical requirements with respect to the leakproofness ofrefrigeration systems.
All precautionary measures practicable shall be taken to prevent and minimise leakages of methyl bromide from fumigation installations andoperations in which methyl bromide is used. Whenever methyl bromide isused in soil fumigation, the use of virtually impermeable films for a sufficienttime, or other techniques ensuring at least the same level of environmentalprotection shall be mandatory. Member States shall define the minimumqualification requirements for the personnel involved.
All precautionary measures practicable shall be taken to prevent and minimise leakages of controlled substances used as feedstock and asprocessing agents.
All precautionary measures practicable shall be taken to prevent and minimise any leakage of controlled substances inadvertently produced in thecourse of the manufacture of other chemicals.
The Commission shall develop as appropriate and ensure the dis- semination of notes describing best available technologies and bestenvironmental practices concerning the prevention and minimisation ofleakages and emissions of controlled substances.
COMMITTEE, REPORTING, INSPECTION AND PENALTIES
Committee
The Commission shall be assisted by a Committee.
Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set atone month.
The Committee shall adopt its rules of procedure.
Reporting
Every year before 31 March, each producer, importer and exporter of controlled substances shall communicate to the Commission, sending a copyto the competent authority of the Member State concerned, data as specifiedbelow for each controlled substance in respect of the period 1 January to 31December of the preceding year.
The format of this report shall be established in accordance with theprocedure referred to in Article 18(2).
— 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 forfeedstock, processing agent, quarantine and preshipment and otheruses, — any production to meet the essential uses in the Community, licensed — 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 — any increase in production authorised under Article 3(8), (9) and (10) in connection with industrial rationalisation, — any quantities recycled, reclaimed or destroyed, 2000R2037 — EN — 30.09.2000 — 000.001 — 19 (b) Each importer, including any producers who also import, shall — any quantities released for free circulation in the Community, separately identifying imports for feedstock and processing-agentuses, for essential or critical uses licensed in accordance with Article3(4), for use in quarantine and preshipment applications and fordestruction, — any quantities of controlled substances entering the Community — any quantities of used controlled substances imported for recycling (c) Each exporter, including any producers who also export, shall — any quantities of controlled substances exported from the Commu- nity, including substances which are re-exported under the inwardprocessing procedure, separately identifying quantities exported toeach country of destination and quantities exported for feedstock andprocessing agent uses, essential uses, critical uses, quarantine andpreshipment uses, to meet the basic domestic needs of Partiespursuant to Article 5 of the Protocol and for destruction, — any quantities of used controlled substances exported for recycling or Every year before 31 December, Member States’ customs authorities shall return to the Commission the stamped used licence documents.
Every year before 31 March, each user who has been authorised to take advantage of an essential use exemption under Article 3(1) shall, for eachsubstance for which an authorisation has been received, report to theCommission, sending a copy to the competent authority of the Member Stateconcerned, the nature of the use, the quantities used during the previous year,the quantities held in stock, any quantities recycled or destroyed, and thequantity of products containing those substances placed on the Communitymarket and/or exported.
Every year before 31 March, each undertaking which has been authorised to use controlled substances as a processing agent shall report to theCommission the quantities used during the previous year, and an estimate ofthe emissions which occurred during such use.
The Commission shall take appropriate steps to protect the confiden- tiality of the information submitted to it.
The Commission may, in accordance with the procedure referred to in Article 18(2), modify the reporting requirements laid down in paragraphs 1 to4, to meet commitments under the Protocol or to improve the practicalapplication of those reporting requirements.
Inspection
In carrying out the tasks assigned to it by this Regulation, the Commission may obtain all the information from the governments andcompetent authorities of the Member States and from undertakings.
When requesting information from an undertaking the Commission shall at the same time forward a copy of the request to the competent authority ofthe Member State within the territory of which the undertaking’s seat issituated, together with a statement of the reasons why that information isrequired.
The competent authorities of the Member States shall carry out the investigations which the Commission considers necessary under thisRegulation. Member States shall also conduct random checks on imports ofcontrolled substances, and communicate the schedules and results of thosechecks to the Commission.
2000R2037 — EN — 30.09.2000 — 000.001 — 20 Subject to the agreement of the Commission and of the competent authority of the Member State within the territory of which the investigationsare to be made, the officials of the Commission shall assist the officials of thatauthority in the performance of their duties.
The Commission shall take appropriate action to promote adequate exchange of information and cooperation between national authorities andbetween national authorities and the Commission. The Commission shall takeappropriate steps to protect the confidentiality of information obtained underthis Article.
Penalties
Member States shall determine the necessary penalties applicable to breachesof this Regulation. The penalties shall be effective, proportionate anddissuasive. Member States shall notify the provisions regarding penalties tothe Commission by 31 December 2000 at the latest and shall also notify itwithout delay of any subsequent amendment affecting such provisions.
NEW SUBSTANCES
New substances
The production, release for free circulation in the Community and inward processing, placing on the market and use of new substances in Annex II areprohibited. This prohibition does not apply to new substances if they are usedas feedstock.
The Commission shall, as appropriate, make proposals to include in Annex II any substances that are not controlled substances but that are foundby the Scientific Assessment Panel under the Protocol to have a significantozone-depleting potential, including on possible exemptions from paragraph1.
FINAL PROVISIONS
Regulation (EC) No 3093/94 shall be repealed as from 1 October 2000.
References to the repealed Regulation shall be construed as references to thisRegulation.
Entry into force
This Regulation shall enter into force on the day following that of itspublication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in allMember States.
2000R2037 — EN — 30.09.2000 — 000.001 — 21 Controlled substances covered
2000R2037 — EN — 30.09.2000 — 000.001 — 22 These ozone-depleting potentials are estimates based on existing knowledge and will be reviewedand revised periodically in the light of decisions taken by the Parties.
This formula does not refer to 1,1,2-trichloroethane.
Identifies the most commercially viable substance as prescribed in the Protocol.
2000R2037 — EN — 30.09.2000 — 000.001 — 23 New substances
2000R2037 — EN — 30.09.2000 — 000.001 — 24 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)
Group V Group VI (1)Group VI (1) Group VII Group VIII Calculated on the basis of ODP = 0,6.
2000R2037 — EN — 30.09.2000 — 000.001 — 25 Groups, Combined Nomenclature 1999 (CN 99) Codes (1) and descriptions for the substances referred to in Annexes I and
– – – Tetrachlorotetrafluoropropanes – – – 1,1,1-Trichloroethane(methylchloroform) – – – – Hydrobromofluoromethanes,-ethanes or -propanes – – – – Hydrochlorofluoromethanes,-ethanes or -propanes – – Mixturescontaining one or more substances falling within CN codes – – Mixturescontaining one or more substances falling within CN codes – – – – Mixturescontaining one or more substances falling within CN codes 2903 14 00, 2903 19 10, 2903 30 33, 2903 49 10 or 2903 49 30 An ‘ex’ before a code implies that other products than those referred to in the column ‘Description’ may fall under thatsubheading.
2000R2037 — EN — 30.09.2000 — 000.001 — 26 Combined Nomenclature (CN) codes for products containing controlled sub-
stances (*)
Automobiles and trucks equipped with air-conditioning units Domestic and commercial refrigeration and air-conditioning/heat-pumpequipment (*) These customs codes are given for the guidance of the Member States’ customs 2000R2037 — EN — 30.09.2000 — 000.001 — 27 Aerosol products, except medical aerosols Paints and varnishes, prepared water pigments and dyes: Perfumery, cosmetic or toilet preparations: 2000R2037 — EN — 30.09.2000 — 000.001 — 28 Insecticides, rodenticides, fungicides, herbicides, etc.: Preparations and charges for fire-extinguishers; charged fire-extinguishinggrenades: Products of the chemical or allied industries: 2000R2037 — EN — 30.09.2000 — 000.001 — 29 Insulation boards, panels and pipe covers 2000R2037 — EN — 30.09.2000 — 000.001 — 30 Processes in which controlled substances are used as processing agents
Use of carbon tetrachloride for the elimination of nitrogen trichloride inthe production of chlorine and caustic soda, Use of carbon tetrachloride in the recovery of chlorine in tail gas fromproduction of chlorine, Use of carbon tetrachloride in the manufacture of chlorinated rubber, Use of carbon tetrachloride in the manufacture of isobutyl acetophenone(ibuprofen-analgesic), Use of carbon tetrachloride in the manufacture of polyphenyleneterephta-lamide, Use of CFC-11 in manufacture of fine synthetic polyolefin fibre sheet, Use of CFC-113 in the manufacture of vinorelbine (pharmaceuticalproduct), Use of CFC-12 in the photochemical synthesis of perfluoropolyetherpo-lyperoxide precursors of Z-perfluoropolyethers and difunctional deriva-tives, Use of CFC-113 in the reduction of perfluoropolyetherpolyperoxideintermediate for production of perfluoropolyether diesters, Use of CFC-113 in the preparation of perfluoropolyether diols with highfunctionality, Use of carbon tetrachloride in the production of tralomethrine (insecti-cide).
Also the use of HCFCs in the above processes when used to replace CFC orcarbon tetrachloride.
2000R2037 — EN — 30.09.2000 — 000.001 — 31 Critical uses of halon
in aircraft for the protection of crew compartments, engine nacelles, cargobays and dry bays, in military land vehicles and naval vessels for the protection of spacesoccupied by personnel and engine compartments, for the making inert of occupied spaces where flammable liquid and/or gasrelease 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 commandcentres of the armed forces or others, essential for national security, for the making inert of spaces where there may be a risk of dispersion ofradioactive matter, in the Channel Tunnel and associated installations and rolling stock.
in hand-held fire extinguishers and fixed extinguisher equipment forengines for use on board aircraft, in aircraft for the protection of crew compartments, engine nacelles, cargobays and dry bays, in fire extinguishers essential to personal safety used for initialextinguishing by fire brigades, in military and police fire extinguishers for use on persons.

Source: http://did.ormansu.gov.tr/did/Files/2039-2000%20(REGULATION).pdf

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