Regulation (EC) No 2037/2000 of the European Parliament and of the Council (repealed)Show full title

Article 4 U.K. Control of the placing on the market and use of controlled substances

1. Subject to paragraphs 4 and 5, the placing on the market and the use of the following controlled substances shall be prohibited:

(a) chlorofluorocarbons;

(b) other fully halogenated chlorofluorocarbons;

(c) halons;

(d) carbon tetrachloride;

(e) 1,1,1-trichloroethane;[F1 and]

(f) hydrobromofluorocarbons[F2 ; and]

[F3 (g) bromochloromethane.]

The Commission may, following a request by a competent authority of a Member State and in accordance with the procedure referred to in Article 18(2), authorise a temporary exemption to allow the use of chlorofluorocarbons until 31 December 2004 in delivery mechanisms for hermetically sealed devices designed for implantation in the human body for delivery of measured doses of medication, and until 31 December 2008, in existing military applications, where it is demonstrated that, for a particular use, technically and economically feasible alternative substances or technologies are not available or cannot be used.

2.

(i)

Subject to paragraphs 4 and 5, each producer and importer shall ensure that:

(a)

the calculated level of methyl bromide which it places on the market or uses for its own account in the period 1 January 1999 to 31 December 1999 and in each 12-month period thereafter does not exceed 75 % of the calculated level of methyl bromide which it placed on the market or used for its own account in 1991;

(b)

the calculated level of methyl bromide which it places on the market or uses for its own account in the period 1 January 2001 to 31 December 2001 and in each 12-month period thereafter does not exceed 40 % of the calculated level of methyl bromide which it placed on the market or used for its own account in 1991;

(c)

the calculated level of methyl bromide which it places on the market or uses for its own account in the period 1 January 2003 to 31 December 2003 and in each 12-month period thereafter does not exceed 25 % of the calculated level of methyl bromide which it placed on the market or used for its own account in 1991;

(d)

it does not place any methyl bromide on the market or use any for its own account after 31 December 2004.

To the extent permitted by the Protocol, the Commission shall, following a request by a competent authority of a Member State and in accordance with the procedure referred to in Article 18(2), adjust the calculated level of methyl bromide referred to in Article 3(2) (i) (c) and subparagraph (c) where it is demonstrated that this is necessary to meet the needs of that Member State, because technically and economically feasible alternatives or substitutes that are acceptable from the standpoint of environment and health are not available or cannot be used.

The Commission, in consultation with Member States, shall encourage the development, including research, and the use of alternatives to methyl bromide as soon as possible.

(ii)

Subject to paragraph 4, the placing on the market and the use of methyl bromide by undertakings other than producers and importers shall be prohibited after 31 December 2005.

(iii)

The calculated levels referred to in subparagraphs (i) (a), (b), (c) and (d) and (ii) shall not include the amount of methyl bromide produced or imported for quarantine and preshipment applications. For the period 1 January 2001 to 31 December 2001 and for each 12-month period thereafter, each producer and importer shall ensure that the calculated level of methyl bromide which it places on the market or uses for its own account for quarantine and preshipment applications shall not exceed the average of the calculated level of methyl bromide which it placed on the market or used for its own account for quarantine and preshipment in the years 1996, 1997 and 1998.

Each year Member States shall report to the Commission the quantities of methyl bromide authorised for quarantine and preshipment used in their territory, the purposes for which methyl bromide was used, and the progress in evaluating and using alternatives.

The Commission shall, in accordance with the procedure referred to in Article 18(2), take measures to reduce the calculated level of methyl bromide which producers and importers may place on the market or use for their own account for quarantine and preshipment in the light of technical and economic availability of alternative substances or technologies and of the relevant international developments under the Protocol.

(iv)

The total quantitative limits for the placing on the market or use for their own account by producers and importers of methyl bromide are set out in Annex III.

3.

(i)

Subject to paragraphs 4 and 5 and to Article 5(5):

(a)

the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January 1999 to 31 December 1999 and in the 12-month period thereafter shall not exceed the sum of:

• 2,6 % of the calculated level of chlorofluorocarbons which producers and importers placed on the market or used for their own account in 1989, and

• the calculated level of hydrochlorofluorocarbons which producers and importers placed on the market or used for their own account in 1989;

(b)

the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January 2001 to 31 December 2001 shall not exceed the sum of:

• 2,0 % of the calculated level of chlorofluorocarbons which producers and importers placed on the market or used for their own account in 1989, and

• the calculated level of hydrochlorofluorocarbons which producers and importers placed on the market or used for their own account in 1989;

(c)

the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January 2002 to 31 December 2002 shall not exceed 85 % of the level calculated pursuant to subparagraph (b);

(d)

the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January 2003 to 31 December 2003 shall not exceed 45 % of the level calculated pursuant to subparagraph (b);

(e)

the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January 2004 to 31 December 2004 and in each 12-month period thereafter shall not exceed 30 % of the level calculated pursuant to subparagraph (b);

(f)

the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January 2008 to 31 December 2008 and in each 12-month period thereafter shall not exceed 25 % of the level calculated pursuant to subparagraph (b);

(g)

producers and importers shall not place hydrochlorofluorocarbons on the market or use them for their own account after 31 December 2009;

(h)

each producer and importer shall ensure that the calculated level of hydrochlorofluorocarbons which it places on the market or uses for its own account in the period 1 January 2001 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), [F4 the percentage share assigned to it in 1999].

(ii)

Before 1 January 2001, the Commission shall, in accordance with the procedure referred to in Article 18(2), determine a mechanism for the allocation of quotas to each producer and importer of the calculated levels set out in (d) to (f), applicable for the period 1 January 2003 to 31 December 2003 and for each 12-month period thereafter.

(iii)

In the case of producers, the quantities referred to in this paragraph shall apply to the amounts of virgin hydrochlorofluorocarbons which they place on the market or use for their own account within the Community and which were produced in the Community.

(iv)

The total quantitative limits for the placing on the market or use for their own account by producers and importers of hydrochlorofluorocarbons are set out in Annex III.

4.

(i)

(a)

Paragraphs 1, 2 and 3 shall not apply to the placing on the market of controlled substances for destruction within the Community by technologies approved by the Parties;

(b)

paragraphs 1, 2 and 3 shall not apply to the placing on the market and use of controlled substances if:

• they are used for feedstock or as a processing agent; or

• they are used to meet the licensed requests for essential uses of those users identified as laid down in Article 3(1) and to meet the licensed requests for critical uses of those users identified as laid down in Article 3(2) or to meet the requests for temporary emergency applications authorised in accordance with Article 3(2) (ii).

(ii)

Paragraph 1 shall not apply to the placing on the market, by undertakings other than producers, of controlled substances for the maintenance or servicing of refrigeration and air-conditioning equipment until 31 December 1999.

(iii)

Paragraph 1 shall not apply to the use of controlled substances for the maintenance or servicing of refrigeration and air-conditioning equipment or in fingerprinting processes until 31 December 2000.

(iv)

[F2 Paragraph 1(c) shall not apply to the placing on the market and use of halons that have been recovered, recycled or reclaimed in existing fire protection systems until 31 December 2002 or to the placing on the market and use of halons for critical uses as set out in Annex VII. Each year the competent authorities of the Member States shall notify to the Commission the quantities of halons used for critical uses, the measures taken to reduce their emissions and an estimate of such emissions, and the current activities to identify and use adequate alternatives. Each year the Commission shall review the critical uses listed in Annex VII and, if necessary, adopt modifications and, where appropriate, time-frames for phase-out, taking into account the availability of both technically and economically feasible alternatives or technologies that are acceptable from the standpoint of environment and health, in accordance with the procedure referred to in Article 18(2).]

(v)

Except for uses listed in Annex VII, fire protection systems and fire extinguishers containing halons shall be decommissioned before 31 December 2003, and halons shall be recovered in accordance with Article 16.

5. 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 transfer that right in respect of all or any quantities of that group of substances fixed in accordance with this Article to any other producer or importer of that group of substances within the Community. Any such transfer shall be notified in advance to the Commission. The transfer of the right to place on the market or use shall not imply the further right to produce or to import.

[F2 6. The importation and placing on the market of products and equipment containing chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, hydrobromofluorocarbons and bromochloromethane shall be prohibited, with the exception of products and equipment for which the use of the respective controlled substance has been authorised in accordance with the second subparagraph of Article 3(1) or is listed in Annex VII. Products and equipment shown to be manufactured before the entry into force of this Regulation shall not be covered by this prohibition.]

Textual Amendments

F1 Deleted by Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane.

F2 Substituted by Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane.

F3 Inserted by Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane.

F4 Substituted by Regulation (EC) No 2039/2000 of the European Parliament and of the Council of 28 September 2000 amending Regulation (EC) No 2037/2000 on substances that deplete the ozone layer, as regards the base year for the allocation of quotas of hydrochlorofluorocarbons.