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Document 02009R1005-20170419
Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (recast) (Text with EEA relevance)
Consolidated text: Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (recast) (Text with EEA relevance)
Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (recast) (Text with EEA relevance)
In force
02009R1005 — EN — 19.04.2017 — 003.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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REGULATION (EC) No 1005/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 September 2009 on substances that deplete the ozone layer (recast) (OJ L 286 31.10.2009, p. 1) |
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REGULATION (EC) No 1005/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 September 2009
on substances that deplete the ozone layer
(recast)
(Text with EEA relevance)
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down rules on the production, import, export, placing on the market, use, recovery, recycling, reclamation and destruction of substances that deplete the ozone layer, on the reporting of information related to those substances and on the import, export, placing on the market and use of products and equipment containing or relying on those substances.
Article 2
Scope
This Regulation shall apply to controlled substances, to new substances and to products and equipment containing or relying on controlled substances.
Article 3
Definitions
For the purposes of this Regulation:
‘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’ means, with respect to a particular controlled substance, any State or regional economic integration organisation that has not agreed to be bound by the provisions of the Protocol applicable to that substance;
‘controlled substances’ means substances listed in Annex I, including their isomers, whether alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed;
‘chlorofluorocarbons’ means the controlled substances listed in Group I of Annex I, including their isomers;
‘halons’ means the controlled substances listed in Group III of Annex I, including their isomers;
‘carbon tetrachloride’ means the controlled substance specified in Group IV of Annex I;
‘methyl bromide’ means the controlled substance specified in Group VI of Annex I;
‘hydrochlorofluorocarbons’ means the controlled substances listed in Group VIII of Annex I, including their isomers;
‘new substances’ means substances listed in Annex II, whether alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed;
‘feedstock’ means any controlled substance or new substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition and whose emissions are insignificant;
‘process agents’ means controlled substances used as chemical process agents in the applications listed in Annex III;
‘producer’ means any natural or legal person producing controlled substances or new substances within the Community;
‘production’ means the amount of controlled substances or new substances produced, including the amount produced, intentionally or inadvertently, as a by-product unless that by-product is destroyed as part of the manufacturing process or following a documented procedure ensuring compliance with this Regulation and the Community and national legislation on waste. No amount recovered, recycled or reclaimed shall be considered as ‘production’, nor shall any insignificant amount unavoidably incorporated in products in trace quantities or emitted during manufacturing;
‘ozone-depleting potential’ or ‘ODP’ means the figure specified in Annexes I and II representing the potential effect of each controlled substance or new substance on the ozone layer;
‘calculated level’ means a quantity determined by multiplying the quantity of each controlled substance by its ozone-depleting potential and by adding together, for each group of controlled substances in Annex I separately, the resulting figures;
‘industrial rationalisation’ means the transfer either between Parties or within a Member State of all or a portion of the calculated level of production of one producer to another, for the purpose of optimising economic efficiency or responding to anticipated shortfalls in supply as a result of plant closures;
‘import’ means the entry of substances, products and equipment covered by this Regulation into the customs territory of the Community as far as the territory is covered by a Member State’s ratification of the Protocol and this Regulation applies;
‘export’ means the exit from the customs territory of the Community, in so far as the territory is covered by a Member State’s ratification of the Protocol and by this Regulation, of substances, products and equipment covered by this Regulation which have the status of Community goods or the re-export of substances, products and equipment covered by this Regulation if they have the status of non-Community goods;
‘placing on the market’ means the supplying or making available to third persons within the Community for payment or free of charge, and includes the release for free circulation in the Community as referred to in Regulation (EC) No 450/2008. In respect of products and equipment being part of immovable property or part of means of transport this refers only to the supplying or making available within the Community for the first time;
‘use’ means the utilisation of controlled substances or new substances in the production, maintenance or servicing, including refilling, of products and equipment or in other processes;
‘heat pump’ means a device or installation that extracts heat at low temperatures from air, water or earth and supplies heat;
‘recovery’ means the collection and the storage of controlled substances from products and equipment or containers during maintenance or servicing or before disposal;
‘recycling’ means the reuse of a recovered controlled substance following a basic cleaning process;
‘reclamation’ means the reprocessing of a recovered controlled substance in order to meet the equivalent performance of a virgin substance, taking into account its intended use;
‘undertaking’ means any natural or legal person which:
produces, recovers, recycles, reclaims, uses or destroys controlled substances or new substances;
imports such substances;
exports such substances;
places such substances on the market; or
operates refrigeration, air conditioning or heat pump equipment, or fire protection systems, which contain controlled substances;
‘quarantine applications’ means treatments to prevent the introduction, establishment or spread of quarantine pests (including diseases), or to ensure their official control, where:
‘pre-shipment applications’ means those non-quarantine applications applied no more than 21 days prior to export to meet the official requirements of the importing country or official requirements of the exporting country existing before 7 December 1995. Official requirements are those which are performed by, or authorised by, a national plant, animal, environmental, health or stored product authority;
‘products and equipment relying on controlled substances’ means products and equipment which do not function without controlled substances, not including those products and equipment used for the production, processing, recovery, recycling, reclamation or destruction of controlled substances;
‘virgin substances’ means substances which have not previously been used;
‘products and equipment’ means all products and equipment except containers used for the transportation or storage of controlled substances.
CHAPTER II
PROHIBITIONS
Article 4
Production of controlled substances
The production of controlled substances shall be prohibited.
Article 5
Placing on the market and use of controlled substances
Article 6
Placing on the market of products and equipment containing or relying on controlled substances
CHAPTER III
EXEMPTIONS AND DEROGATIONS
Article 7
Production, placing on the market and use of controlled substances as feedstock
Controlled substances produced or placed on the market as feedstock may only be used for that purpose. As of 1 July 2010, containers of such substances shall be labelled with a clear indication that the substance may only be used as feedstock. Where such substances are required to be labelled in accordance with Directive 67/548/EEC, Directive 1999/45/EC or Regulation (EC) No 1272/2008, such indication shall be included in the label referred to in those Directives or in the supplemental information part of the label as referred to in Article 25(3) of that Regulation.
The Commission may determine the form and content of the label to be used. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Article 8
Production, placing on the market and use of controlled substances as process agents
Controlled substances produced or placed on the market as process agents may only be used for that purpose. As of 1 July 2010, containers of such substances shall be labelled with a clear indication that those substances may only be used as process agents. Where such substances are required to be labelled in accordance with Directive 67/548/EEC, Directive 1999/45/EC or Regulation (EC) No 1272/2008, such indication shall be included in the label referred to in those Directives or in the supplemental information part of the label as referred to in Article 25(3) of that Regulation.
The Commission may determine the form and content of the label to be used. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
The Commission shall, if appropriate, in accordance with the management procedure referred to in Article 25(2), establish a list of undertakings in which the use of controlled substances as process agents shall be permitted, laying down maximum quantities that may be used for make-up or for consumption as process agents and emission levels for each of the undertakings concerned.
The maximum amount of controlled substances that may be used as process agents within the Community shall not exceed 1 083 metric tonnes per year.
The maximum amount of controlled substances that may be emitted from process agent uses within the Community shall not exceed 17 metric tonnes per year.
In the light of new information or technical developments or decisions taken by the Parties, the Commission shall, if appropriate:
amend Annex III;
amend the maximum amount of controlled substances that may be used as process agents or emitted from process agent uses as referred to in the second and third subparagraphs of paragraph 4.
Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Article 9
Placing on the market of controlled substances for destruction or reclamation and of products and equipment containing or relying on controlled substances for destruction
By way of derogation from Articles 5 and 6, controlled substances and products and equipment containing or relying on controlled substances may be placed on the market for destruction within the Community in accordance with the requirements for destruction referred to in Article 22(1). Controlled substances may also be placed on the market for reclamation within the Community.
Article 10
Essential laboratory and analytical uses of controlled substances other than hydrochlorofluorocarbons
Controlled substances produced or placed on the market for essential laboratory and analytical uses may only be used for that purpose. As of 1 July 2010, containers containing such substances shall be labelled with a clear indication that the substance may only be used for laboratory and analytical uses. Where such substances are required to be labelled in accordance with Directive 67/548/EEC, Directive 1999/45/EC or Regulation (EC) No 1272/2008, such indication shall be included in the label referred to in those Directives or in the supplemental information part of the label as referred to in Article 25(3) of that Regulation.
The Commission may determine the form and content of the label to be used. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Controlled substances referred to in the first subparagraph shall only be placed on the market and further distributed under the conditions set out in Annex V. The Commission may amend that Annex. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
The Commission shall issue licences to producers and importers of controlled substances, other than hydrochlorofluorocarbons, produced or imported for essential laboratory and analytical uses and shall notify them of the use for which they have authorisation and the substances and quantities thereof that they are authorised to place on the market or to use for their own account. The quantity annually authorised under licences for individual producers and importers shall not exceed 130 % of the annual average of the calculated level of controlled substances licensed for the producer or importer for essential laboratory and analytical uses in the years 2007 to 2009.
The total quantity annually authorised under licences, including licences for hydrochlorofluorocarbons under Article 11(2), shall not exceed 110 ODP tonnes. Remaining quantities may be allocated to producers and importers which did not place on the market or use controlled substances, for their own account for essential laboratory and analytical uses in the years 2007 to 2009.
The Commission shall determine a mechanism for the allocation of quotas to producers and importers. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
A producer may be authorised by the competent authority of the Member State in which that producer’s relevant production is situated to produce the controlled substances referred to in paragraph 1 for the purpose of meeting the requests licensed in accordance with paragraph 6.
The competent authority of the Member State concerned shall notify the Commission 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 may authorise that producer to produce or to exceed the calculated levels of production laid down in paragraph 6 in order to satisfy any essential laboratory and analytical uses of Parties at their request.
The competent authority of the Member State concerned shall notify the Commission in advance of its intention to issue any such authorisation.
Article 11
Production, placing on the market and use of hydrochlorofluorocarbons and placing on the market of products and equipment containing or relying on hydrochlorofluorocarbons
By way of derogation from Article 4, hydrochlorofluorocarbons may be produced provided that each producer ensures the following:
the calculated level of its production of hydrochlorofluorocarbons in the period from 1 January 2010 to 31 December 2010 and in each 12-month period thereafter until 31 December 2013 does not exceed 35 % of the calculated level of its production of hydrochlorofluorocarbons in 1997;
the calculated level of its production of hydrochlorofluorocarbons in the period from 1 January 2014 to 31 December 2014 and in each 12-month period thereafter until 31 December 2016 does not exceed 14 % of the calculated level of its production of hydrochlorofluorocarbons in 1997;
the calculated level of its production of hydrochlorofluorocarbons in the period from 1 January 2017 to 31 December 2017 and in each 12-month period thereafter until 31 December 2019 does not exceed 7 % of the calculated level of its production of hydrochlorofluorocarbons in 1997;
it produces no hydrochlorofluorocarbons after 31 December 2019.
By way of derogation from Article 4 and Article 5(1), hydrochlorofluorocarbons may be produced, placed on the market and used for laboratory and analytical uses.
Article 10(3) to (7) shall apply mutatis mutandis.
Undertakings operating the equipment referred to in paragraph 4 containing a fluid charge of 3 kg or more shall keep a record of the quantity and type of substance recovered and added, and of the company or technician which performed the maintenance or servicing.
Undertakings using reclaimed or recycled hydrochlorofluorocarbons for maintenance or servicing shall keep a record of the undertakings that have supplied reclaimed hydrochlorofluorocarbons and of the source of recycled hydrochlorofluorocarbons.
By way of derogation from Articles 5 and 6, the Commission may, following a request by a competent authority of a Member State and in accordance with the management procedure referred to in Article 25(2), authorise a time-limited exemption to allow the use and placing on the market of hydrochlorofluorocarbons and of products and equipment containing or relying on hydrochlorofluorocarbons where it is demonstrated that, for a particular use, technically and economically feasible alternative substances or technologies are not available or cannot be used.
This exemption may not be authorised for a period which extends beyond 31 December 2019.
Article 12
Quarantine and pre-shipment applications and emergency uses of methyl bromide
By way of derogation from Article 5(1), until 18 March 2010, methyl bromide may be placed on the market and used for quarantine and for pre-shipment applications for treatment of goods for export provided that the placing on the market and use of methyl bromide are allowed respectively under national legislation in accordance with Directive 91/414/EEC and Directive 98/8/EC.
Methyl bromide may only be used on sites approved by the competent authorities of the Member State concerned and, if economically and technically feasible, subject to the condition that at least 80 % of methyl bromide released from the consignment is recovered.
The calculated level of methyl bromide which undertakings place on the market or use for their own account in the period from 1 January 2010 to 18 March 2010 shall not exceed 45 ODP tonnes.
Each undertaking shall ensure that the calculated level of methyl bromide which it places on the market or uses for its own account for quarantine and pre-shipment applications shall not exceed 21 % of the average of the calculated level of methyl bromide which it placed on the market or used for its own account for quarantine and pre-shipment in the years 2005 to 2008.
In an emergency, where unexpected outbreaks of particular pests or diseases so require, the Commission may, at the request of the competent authority of a Member State, authorise the temporary production, placing on the market and use of methyl bromide, provided that the placing on the market and use of methyl bromide are allowed respectively under Directive 91/414/EEC and Directive 98/8/EC.
Such authorisation shall apply for a period not exceeding 120 days and to a quantity not exceeding 20 metric tonnes and shall specify measures to be taken to reduce emissions during use.
Article 13
Critical uses of halons and decommissioning of equipment containing halons
The Commission shall review Annex VI and, if appropriate, adopt modifications and time-frames for the phasing out of the critical uses by defining cut-off dates for new applications and end dates for existing applications, taking into account the availability of technically and economically feasible alternatives or technologies that are acceptable from the standpoint of environment and health.
Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Article 14
Transfer of rights and industrial rationalisation
CHAPTER IV
TRADE
Article 15
Imports of controlled substances or of products and equipment containing or relying on controlled substances
The prohibition set out in paragraph 1 shall not apply to imports of:
controlled substances to be used for laboratory and analytical uses referred to in Article 10 and Article 11(2);
controlled substances to be used as feedstock;
controlled substances to be used as process agents;
controlled substances for destruction by technologies referred to in Article 22(2);
until 31 December 2019, hydrochlorofluorocarbons to be repackaged and subsequently re-exported no later than 31 December of the following calendar year to a Party where the consumption or import of that hydrochlorofluorocarbon is not prohibited;
methyl bromide for emergency uses referred to in Article 12(3) or, until 31 December 2014, for repackaging and subsequent re-export for quarantine and pre-shipment applications provided that the re-export takes place during the year of import;
recovered, recycled or reclaimed halons, under the condition that they are only imported for critical uses referred to in Article 13(1), by undertakings authorised by the competent authority of the Member State concerned to store halons for critical uses;
products and equipment containing or relying on controlled substances for destruction, where applicable by technologies referred to in Article 22(2);
products and equipment containing or relying on controlled substances to satisfy laboratory and analytical uses referred to in Article 10 and Article 11(2);
products and equipment containing or relying on halon to satisfy critical uses referred to in Article 13(1);
products and equipment containing hydrochlorofluorocarbons for which the placing on the market has been authorised in accordance with Article 11(5).
Article 16
Release for free circulation in the Community of imported controlled substances
The release for free circulation in the Community of imported controlled substances shall be subject to quantitative limits. The Commission shall determine those limits and allocate quotas to undertakings for the period from 1 January to 31 December 2010 and for each 12-month period thereafter in accordance with the management procedure referred to in Article 25(2).
The quotas referred to in the first subparagraph shall be allocated only for the following substances:
controlled substances if they are used for laboratory and analytical, or critical uses, referred to in Article 10, Article 11(2) and Article 13;
controlled substances if they are used as feedstock;
controlled substances if they are used as process agents.
Article 17
Export of controlled substances or of products and equipment containing or relying on controlled substances
The prohibition set out in paragraph 1 shall not apply to exports of:
controlled substances to be used for essential laboratory and analytical uses referred to in Article 10;
controlled substances to be used as feedstock;
controlled substances to be used as process agents;
products and equipment containing or relying on controlled substances produced in accordance with Article 10(7) or imported under point (h) or (i) of Article 15(2);
recovered, recycled or reclaimed halons stored for critical uses referred to in Article 13(1) by undertakings authorised by the competent authority of a Member State and products and equipment containing or relying on halon to satisfy critical uses;
virgin or reclaimed hydrochlorofluorocarbons for uses other than destruction;
until 31 December 2014, methyl bromide re-exported for quarantine and pre-shipment applications;
metered dose inhalers manufactured with chlorofluorocarbon the use of which has been authorised on the basis of Article 3(1) of Regulation (EC) No 2037/2000.
Article 18
Licensing of imports and exports
An application for a licence shall state the following:
the names and the addresses of the importer and the exporter;
the country of import and export;
in the case of imports or exports of controlled substances, a description of each controlled substance, including:
the commercial description;
the description and the Combined Nomenclature code as laid down in Annex IV;
whether the substance is virgin, recovered, recycled or reclaimed;
the quantity of the substance in metric kilograms;
in the case of halons, a declaration that they are to be imported or exported to satisfy a critical use referred to in Article 13(1), specifying which use;
in the case of imports or exports of products and equipment containing or relying on controlled substances:
the type and nature of the products and equipment;
for countable items the number of units, the description and the quantity per unit in metric kilograms of each controlled substance;
for uncountable items the total quantity of the product, the description and the total net quantity, in metric kilograms, of each controlled substance;
the country/countries of final destination of the products and equipment;
whether the controlled substance contained is virgin, recycled, recovered or reclaimed;
in the case of imports or exports of products and equipment containing or relying on halon, a declaration that they are to be imported or exported to satisfy a critical use referred to in Article 13(1), specifying which use;
in the case of products and equipment containing or relying on hydrochlorofluorocarbons, the reference to the Commission authorisation referred to in Article 17(3);
the Combined Nomenclature code of the product or equipment to be imported or exported;
the purpose of the proposed import, including the intended customs treatment and use, specifying where relevant the intended customs procedure;
the place and expected date of the proposed import or export;
the customs office where the goods will be declared;
in the case of imports of controlled substances or products and equipment for destruction, the name and address of the facility where they will be destroyed;
any further information deemed necessary by the competent authority of a Member State;
by way of derogation from points (a) to (h), in the case of imports and exports of products and equipment containing or relying on halons for critical uses in aircraft set out in points 4.1 to 4.6 of Annex VI:
the purpose and type of the products and equipment to be imported or exported as described in points 4.1 to 4.6 of Annex VI;
the types of halons that the products and equipment to be imported or exported contains or relies on;
the Combined Nomenclature code of the products and equipment to be imported or exported.
The Commission may share the submitted data so far as necessary in specific cases with competent authorities of the Parties concerned and may reject the licence application if any relevant obligations set out in this Regulation are not complied with, or on the following grounds:
in the case of an import licence, where it is established based on information from the competent authorities of the country concerned that the exporter is not an undertaking authorised to trade in the respective substance in that country;
in the case of an export licence, where the competent authorities of the importing country have informed the Commission that the import of the controlled substance would constitute a case of illegal trade, or would adversely impact on the implementation of control measures of the importing country in place to comply with its obligations under the Protocol or would lead to an excess of the quantitative limits under the Protocol for that country.
Article 19
Measures for monitoring of illegal trade
The Commission may adopt additional measures for the monitoring of controlled substances or new substances and of products and equipment containing or relying on controlled substances placed under temporary storage, customs warehousing or free zone procedure or in transit through the customs territory of the Community and subsequently re-exported, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, taking into account the environmental benefits and socioeconomic impacts of such measures.
Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Article 20
Trade with a State not party to the Protocol and a territory not covered by the Protocol
Subject to any decision taken under the second subparagraph, paragraph 1 shall apply to any territory not covered by the Protocol as they apply to any State 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 as specified in Article 7 of the Protocol, the Commission may decide that some or all of the provisions of paragraph 1 of this Article shall not apply in respect of that territory.
The Commission shall act in accordance with the management procedure referred to in Article 25(2).
Article 21
List of products and equipment containing or relying on controlled substances
No later than 1 January 2010, the Commission shall make available a list of products and equipment which might contain or rely on controlled substances and of Combined Nomenclature codes for guidance of the Member States’ customs authorities.
CHAPTER V
EMISSION CONTROL
Article 22
Recovery and destruction of used controlled substances
The Commission may amend Annex VII in order to take new technological developments into account.
Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Controlled substances contained in products and equipment other than those mentioned in paragraph 1 shall, if technically and economically feasible, be recovered for destruction, recycling or reclamation, or shall be destroyed without prior recovery, applying the technologies referred to in paragraph 2.
The Commission shall establish an Annex to this Regulation with a list of products and equipment for which the recovery of controlled substances or destruction of products and equipment without prior recovery of controlled substances shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied. Any draft measure to establish such an Annex shall be accompanied and supported by a full economic assessment of costs and benefits, taking into account the individual circumstances of Member States.
Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Member States shall take steps to promote the recovery, recycling, reclamation and destruction of controlled substances and shall define the minimum qualification requirements for the personnel involved.
The Commission shall evaluate the measures taken by the Member States and may in the light of this evaluation and of technical and other relevant information, as appropriate, adopt measures regarding those minimum qualification requirements.
Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Article 23
Leakages and emissions of controlled substances
Undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain controlled substances shall ensure that the stationary equipment or systems:
with a fluid charge of 3 kg or more of controlled substances are checked for leakage at least once every 12 months; this shall not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled substances;
with a fluid charge of 30 kg or more of controlled substances are checked for leakage at least once every 6 months;
with a fluid charge of 300 kg or more of controlled substances are checked for leakage at least once every 3 months;
and that any detected leakage is repaired as soon as possible and in any event within 14 days.
The equipment or system shall be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.
Member States shall define the minimum qualification requirements for the personnel carrying out activities referred to in paragraph 2. In the light of an evaluation of these measures taken by the Member States and of technical and other relevant information, the Commission may adopt measures regarding the harmonisation of those minimum qualification requirements.
Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
The Commission may establish a list of technologies or practices to be used by undertakings to prevent and minimise any leakage and emissions of controlled substances.
Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
CHAPTER VI
NEW SUBSTANCES
Article 24
New substances
The Commission shall, if appropriate, include in Part A of Annex II substances that are included in Part B of that Annex that are found to be exported, imported, produced or put on the market in significant quantities and that are found by the Scientific Assessment Panel under the Protocol to have a significant ozone-depleting potential, and shall, if appropriate, determine possible exemptions from paragraph 1.
Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
CHAPTER VII
COMMITTEE, REPORTING, INSPECTION AND PENALTIES
Article 25
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 at 1 month.
Article 26
Reporting by the Member States
Each year by 30 June Member States shall report the following information in an electronic format to the Commission, for the previous calendar year:
▼M2 —————
the quantities of halons installed, used and stored for critical uses, pursuant to Article 13(1), the measures taken to reduce their emissions and an estimate of such emissions, and progress in evaluating and using adequate alternatives;
cases of illegal trade, in particular those detected during the inspections carried out pursuant to Article 28.
The Commission may amend paragraph 1.
Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Article 27
Reporting by undertakings
Each producer shall communicate the following data:
its total production of each substance referred to in paragraph 1;
any production placed on the market or used for the producer’s own account within the Community, separately identifying production for feedstock, process agent and other uses;
any production to meet the essential laboratory and analytical uses in the Community, licensed in accordance with Article 10(6);
any production authorised under Article 10(8) to satisfy essential laboratory and analytical uses of Parties;
any increase in production authorised under Article 14(2), (3) and (4) in connection with industrial rationalisation;
any quantity recycled, reclaimed or destroyed and the technology used for the destruction, including amounts produced and destroyed as by-product as referred to in Article 3(14);
any stocks;
any purchases from and sales to other producers in the Community.
Each importer shall communicate for each substance referred to in paragraph 1 the following data:
any quantities released for free circulation in the Community, separately identifying imports for feedstock and process agent uses, for essential laboratory and analytical uses licensed in accordance with Article 10(6), for use in quarantine and pre-shipment applications and for destruction. Importers which imported controlled substances for destruction shall also communicate the actual final destination or destinations of each of the substances, providing separately for each destination the quantity of each of the substances and the name and address of destruction facility where the substance was delivered;
any quantities imported under other customs procedures, separately identifying the customs procedure and the designated uses;
any quantities of used substances referred to in paragraph 1 imported for recycling or reclamation;
any stocks;
any purchases from and sales to other undertakings in the Community;
the exporting country.
Each exporter shall communicate for each substances referred to in paragraph 1 the following data:
any quantities of such substances exported, separately identifying quantities exported to each country of destination and quantities exported for feedstock and process agent uses, essential laboratory and analytical uses, critical uses and for quarantine and pre-shipment applications;
any stocks;
any purchases from and sales to other undertakings in the Community;
the country of destination.
Each undertaking destroying controlled substances referred to in paragraph 1 and not covered by paragraph 2 shall communicate the following data:
any quantities of such substances destroyed, including quantities contained in products or equipment;
any stocks of such substances waiting to be destroyed, including quantities contained in products or equipment;
technology used for the destruction.
Each undertaking using controlled substances as feedstock or process agents shall communicate the following data:
any quantities of such substances used as feedstock or process agents;
any stocks of such substances;
the processes and emissions involved.
The Commission may amend the reporting requirements laid down in paragraphs 1 to 7.
Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Article 28
Inspection
The Commission shall take appropriate action to promote an adequate exchange of information and cooperation between national authorities and between national authorities and the Commission.
The Commission shall take appropriate steps to protect the confidentiality of information obtained under this Article.
Article 29
Penalties
Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 30 June 2011 at the latest and shall also notify it without delay of any subsequent amendment affecting them.
CHAPTER VIII
FINAL PROVISIONS
Article 30
Repeal
Regulation (EC) No 2037/2000 shall be repealed as from 1 January 2010.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex VIII.
Article 31
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
CONTROLLED SUBSTANCES
|
Group |
Substance |
Ozone-depleting potential (1) |
||
|
Group I |
CFCl3 |
CFC-11 |
Trichlorofluoromethane |
1,0 |
|
CF2Cl2 |
CFC-12 |
Dichlorodifluoromethane |
1,0 |
|
|
C2F3Cl3 |
CFC-113 |
Trichlorotrifluoroethane |
0,8 |
|
|
C2F4Cl2 |
CFC-114 |
Dichlorotetrafluoroethane |
1,0 |
|
|
C2F5Cl |
CFC-115 |
Chloropentafluoroethane |
0,6 |
|
|
Group II |
CF3Cl |
CFC-13 |
Chlorotrifluoromethane |
1,0 |
|
C2FCl5 |
CFC-111 |
Pentachlorofluoroethane |
1,0 |
|
|
C2F2Cl4 |
CFC-112 |
Tetrachlorodifluoroethane |
1,0 |
|
|
C3FCl7 |
CFC-211 |
Heptachlorofluoropropane |
1,0 |
|
|
C3F2Cl6 |
CFC-212 |
Hexachlorodifluoropropane |
1,0 |
|
|
C3F3Cl5 |
CFC-213 |
Pentachlorotrifluoropropane |
1,0 |
|
|
C3F4Cl4 |
CFC-214 |
Tetrachlorotetrafluoropropane |
1,0 |
|
|
C3F5Cl3 |
CFC-215 |
Trichloropentafluoropropane |
1,0 |
|
|
C3F6Cl2 |
CFC-216 |
Dichlorohexafluoropropane |
1,0 |
|
|
C3F7Cl |
CFC-217 |
Chloroheptafluoropropane |
1,0 |
|
|
Group III |
CF2BrCl |
halon-1211 |
Bromochlorodifluoromethane |
3,0 |
|
CF3Br |
halon-1301 |
Bromotrifluoromethane |
10,0 |
|
|
C2F4Br2 |
halon-2402 |
Dibromotetrafluoroethane |
6,0 |
|
|
Group IV |
CCl4 |
CTC |
Tetrachloromethane (carbon tetrachloride) |
1,1 |
|
Group V |
C2H3Cl3 (2) |
1,1,1-TCA |
1,1,1-Trichloroethane (methylchloroform) |
0,1 |
|
Group VI |
CH3Br |
methyl bromide |
Bromomethane |
0,6 |
|
Group VII |
CHFBr2 |
HBFC-21 B2 |
Dibromofluoromethane |
1,00 |
|
CHF2Br |
HBFC-22 B1 |
Bromodifluoromethane |
0,74 |
|
|
CH2FBr |
HBFC-31 B1 |
Bromofluoromethane |
0,73 |
|
|
C2HFBr4 |
HBFC-121 B4 |
Tetrabromofluoroethane |
0,8 |
|
|
C2HF2Br3 |
HBFC-122 B3 |
Tribromodifluoroethane |
1,8 |
|
|
C2HF3Br2 |
HBFC-123 B2 |
Dibromotrifluoroethane |
1,6 |
|
|
C2HF4Br |
HBFC-124 B1 |
Bromotetrafluoroethane |
1,2 |
|
|
C2H2FBr3 |
HBFC-131 B3 |
Tribromofluoroethane |
1,1 |
|
|
C2H2F2Br2 |
HBFC-132 B2 |
Dibromodifluoroethane |
1,5 |
|
|
C2H2F3Br |
HBFC-133 B1 |
Bromotrifluoroethane |
1,6 |
|
|
C2H3FBr2 |
HBFC-141 B2 |
Dibromofluoroethane |
1,7 |
|
|
C2H3F2Br |
HBFC-142 B1 |
Bromodifluoroethane |
1,1 |
|
|
C2H4FBr |
HBFC-151 B1 |
Bromofluoroethane |
0,1 |
|
|
C3HFBr6 |
HBFC-221 B6 |
Hexabromofluoropropane |
1,5 |
|
|
C3HF2Br5 |
HBFC-222 B5 |
Pentabromodifluoropropane |
1,9 |
|
|
C3HF3Br4 |
HBFC-223 B4 |
Tetrabromotrifluoropropane |
1,8 |
|
|
C3HF4Br3 |
HBFC-224 B3 |
Tribromotetrafluoropropane |
2,2 |
|
|
C3HF5Br2 |
HBFC-225 B2 |
Dibromopentafluoropropane |
2,0 |
|
|
C3HF6Br |
HBFC-226 B1 |
Bromohexafluoropropane |
3,3 |
|
|
C3H2FBr5 |
HBFC-231 B5 |
Pentabromofluoropropane |
1,9 |
|
|
C3H2F2Br4 |
HBFC-232 B4 |
Tetrabromodifluoropropane |
2,1 |
|
|
C3H2F3Br3 |
HBFC-233 B3 |
Tribromotrifluoropropane |
5,6 |
|
|
C3H2F4Br2 |
HBFC-234 B2 |
Dibromotetrafluoropropane |
7,5 |
|
|
C3H2F5Br |
HBFC-235 B1 |
Bromopentafluoropropane |
1,4 |
|
|
C3H3FBr4 |
HBFC-241 B4 |
Tetrabromofluoropropane |
1,9 |
|
|
C3H3F2Br3 |
HBFC-242 B3 |
Tribromodifluoropropane |
3,1 |
|
|
C3H3F3Br2 |
HBFC-243 B2 |
Dibromotrifluoropropane |
2,5 |
|
|
C3H3F4Br |
HBFC-244 B1 |
Bromotetrafluoropropane |
4,4 |
|
|
C3H4FBr3 |
HBFC-251 B1 |
Tribromofluoropropane |
0,3 |
|
|
C3H4F2Br2 |
HBFC-252 B2 |
Dibromodifluoropropane |
1,0 |
|
|
C3H4F3Br |
HBFC-253 B1 |
Bromotrifluoropropane |
0,8 |
|
|
C3H5FBr2 |
HBFC-261 B2 |
Dibromofluoropropane |
0,4 |
|
|
C3H5F2Br |
HBFC-262 B1 |
Bromodifluoropropane |
0,8 |
|
|
C3H6FBr |
HBFC-271 B1 |
Bromofluoropropane |
0,7 |
|
|
Group VIII |
CHFCl2 |
HCFC-21 (3) |
Dichlorofluoromethane |
0,040 |
|
CHF2Cl |
HCFC-22 (3) |
Chlorodifluoromethane |
0,055 |
|
|
CH2FCl |
HCFC-31 |
Chlorofluoromethane |
0,020 |
|
|
C2HFCl4 |
HCFC-121 |
Tetrachlorofluoroethane |
0,040 |
|
|
C2HF2Cl3 |
HCFC-122 |
Trichlorodifluoroethane |
0,080 |
|
|
C2HF3Cl2 |
HCFC-123 (3) |
Dichlorotrifluoroethane |
0,020 |
|
|
C2HF4Cl |
HCFC-124 (3) |
Chlorotetrafluoroethane |
0,022 |
|
|
C2H2FCl3 |
HCFC-131 |
Trichlorofluoroethane |
0,050 |
|
|
C2H2F2Cl2 |
HCFC-132 |
Dichlorodifluoroethane |
0,050 |
|
|
C2H2F3Cl |
HCFC-133 |
Chlorotrifluoroethane |
0,060 |
|
|
C2H3FCl2 |
HCFC-141 |
Dichlorofluoroethane |
0,070 |
|
|
CH3CFCl2 |
HCFC-141b (3) |
1,1-Dichloro-1-fluoroethane |
0,110 |
|
|
C2H3F2Cl |
HCFC-142 |
Chlorodifluoroethane |
0,070 |
|
|
CH3CF2Cl |
HCFC-142b (3) |
1-Chloro-1,1-difluoroethane |
0,065 |
|
|
C2H4FCl |
HCFC-151 |
Chlorofluoroethane |
0,005 |
|
|
C3HFCl6 |
HCFC-221 |
Hexachlorofluoropropane |
0,070 |
|
|
C3HF2Cl5 |
HCFC-222 |
Pentachlorodifluoropropane |
0,090 |
|
|
C3HF3Cl4 |
HCFC-223 |
Tetrachlorotrifluoropropane |
0,080 |
|
|
C3HF4Cl3 |
HCFC-224 |
Trichlorotetrafluoropropane |
0,090 |
|
|
C3HF5Cl2 |
HCFC-225 |
Dichloropentafluoropropane |
0,070 |
|
|
CF3CF2CHCl2 |
HCFC-225ca (3) |
3,3-Dichloro-1,1,1,2,2-pentafluoropropane |
0,025 |
|
|
CF2ClCF2CHClF |
HCFC-225cb (3) |
1,3-Dichloro-1,1,2,2,3-pentafluoropropane |
0,033 |
|
|
C3HF6Cl |
HCFC-226 |
Chlorohexafluoropropane |
0,100 |
|
|
C3H2FCl5 |
HCFC-231 |
Pentachlorofluoropropane |
0,090 |
|
|
C3H2F2Cl4 |
HCFC-232 |
Tetrachlorodifluoropropane |
0,100 |
|
|
C3H2F3Cl3 |
HCFC-233 |
Trichlorotrifluoropropane |
0,230 |
|
|
C3H2F4Cl2 |
HCFC-234 |
Dichlorotetrafluoropropane |
0,280 |
|
|
C3H2F5Cl |
HCFC-235 |
Chloropentafluoropropane |
0,520 |
|
|
C3H3FCl4 |
HCFC-241 |
Tetrachlorofluoropropane |
0,090 |
|
|
C3H3F2Cl3 |
HCFC-242 |
Trichlorodifluoropropane |
0,130 |
|
|
C3H3F3Cl2 |
HCFC-243 |
Dichlorotrifluoropropane |
0,120 |
|
|
C3H3F4Cl |
HCFC-244 |
Chlorotetrafluoropropane |
0,140 |
|
|
C3H4FCl3 |
HCFC-251 |
Trichlorofluoropropane |
0,010 |
|
|
C3H4F2Cl2 |
HCFC-252 |
Dichlorodifluoropropane |
0,040 |
|
|
C3H4F3Cl |
HCFC-253 |
Chlorotrifluoropropane |
0,030 |
|
|
C3H5FCl2 |
HCFC-261 |
Dichlorofluoropropane |
0,020 |
|
|
C3H5F2Cl |
HCFC-262 |
Chlorodifluoropropane |
0,020 |
|
|
C3H6FCl |
HCFC-271 |
Chlorofluoropropane |
0,030 |
|
|
Group IX |
CH2BrCl |
BCM |
Bromochloromethane |
0,12 |
|
(1)
The figures relating to ozone-depleting potential are estimates based on existing knowledge and will be reviewed and revised periodically in the light of decisions taken by the Parties.
(2)
This formula does not refer to 1,1,2-trichloroethane.
(3)
Identifies the most commercially viable substance as prescribed in the Protocol. |
||||
ANNEX II
NEW SUBSTANCES
Part A: Substances restricted under Article 24(1)
|
Substance |
Ozone-depleting potential |
|
|
CBr2 F2 |
Dibromodifluoromethane (halon-1202) |
1,25 |
Part B: Substances to be reported on under Article 27
|
Substance |
Ozone-depleting potential (1) |
|
|
C3H7Br |
1-Bromopropane (n-propyl bromide) |
0,02 — 0,10 |
|
C2H5Br |
Bromoethane (ethyl bromide) |
0,1 — 0,2 |
|
CF3I |
Trifluoroiodomethane (trifluoromethyl iodide) |
0,01 — 0,02 |
|
CH3Cl |
Chloromethane (methyl chloride) |
0,02 |
|
(1)
The figures relating to ozone-depleting potential are estimates based on existing knowledge and will be reviewed and revised periodically in the light of decisions taken by the Parties. |
||
ANNEX III
Processes in which controlled substances are used as process agents as referred to in Article 3(12):
use of carbon tetrachloride for the elimination of nitrogen trichloride in the production of chlorine and caustic soda;
use of carbon tetrachloride in the recovery of chlorine in tail gas from production of chlorine;
use of carbon tetrachloride in the manufacture of chlorinated rubber;
use of carbon tetrachloride in the manufacture of poly-phenylene-terephthalamide;
use of CFC-12 in the photochemical synthesis of perfluoropolyetherpolyperoxide precursors of Z-perfluoropolyethers and difunctional derivatives;
use of CFC-113 in the preparation of perfluoropolyether diols with high functionality;
use of carbon tetrachloride in production of Cyclodime;
use of hydrochlorofluorocarbons in the processes set out in points (a) to (g) when used to replace the chlorofluorocarbon or carbon tetrachloride.
ANNEX IV
Groups, Combined Nomenclature codes (1) and descriptions for the substances referred to in Annex I
|
Group |
CN code |
Description |
|
Group I |
2903 41 00 |
Trichlorofluoromethane |
|
2903 42 00 |
Dichlorodifluoromethane |
|
|
2903 43 00 |
Trichlorotrifluoroethanes |
|
|
2903 44 10 |
Dichlorotetrafluoroethanes |
|
|
2903 44 90 |
Chloropentafluoroethane |
|
|
Group II |
2903 45 10 |
Chlorotrifluoromethane |
|
2903 45 15 |
Pentachlorofluoroethane |
|
|
2903 45 20 |
Tetrachlorodifluoroethanes |
|
|
2903 45 25 |
Heptachlorofluoropropanes |
|
|
2903 45 30 |
Hexachlorodifluoropropanes |
|
|
2903 45 35 |
Pentachlorotrifluoropropanes |
|
|
2903 45 40 |
Tetrachlorotetrafluoropropanes |
|
|
2903 45 45 |
Trichloropentafluoropropanes |
|
|
2903 45 50 |
Dichlorohexafluoropropanes |
|
|
2903 45 55 |
Chloroheptafluoropropanes |
|
|
Group III |
2903 46 10 |
Bromochlorodifluoromethane |
|
2903 46 20 |
Bromotrifluoromethane |
|
|
2903 46 90 |
Dibromotetrafluoroethanes |
|
|
Group IV |
2903 14 00 |
Carbon tetrachloride |
|
Group V |
2903 19 10 |
1,1,1-Trichloroethane (methyl chloroform) |
|
Group VI |
2903 39 11 |
Bromomethane (methyl bromide) |
|
Group VII |
2903 49 30 |
Hydrobromofluoromethanes, -ethanes or -propanes |
|
Group VIII |
2903 49 11 |
Chlorodifluoromethane (HCFC-22) |
|
2903 49 15 |
1,1-Dichloro-1-fluoroethane (HCFC-141b) |
|
|
2903 49 19 |
Other Hydrochlorofluoromethanes, -ethanes or -propanes (HCFCs) |
|
|
Group IX |
ex 2903 49 80 |
Bromochloromethane |
|
Mixtures |
3824 71 00 |
Mixtures containing chlorofluorocarbons (CFCs), whether or not containing hydrochlorofluorocarbons (HCFCs), perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs) |
|
3824 72 00 |
Mixtures containing bromochlorodifluoromethane, bromotrifluoromethane or dibromotetrafluoroethanes |
|
|
3824 73 00 |
Mixtures containing hydrobromofluorocarbons (HBFCs) |
|
|
3824 74 00 |
Mixtures containing hydrochlorofluorocarbons (HCFCs), whether or not containing perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs), but not containing chlorofluorocarbons (CFCs) |
|
|
3824 75 00 |
Mixtures containing carbon tetrachloride |
|
|
3824 76 00 |
Mixtures containing 1,1,1-trichloroethane (methyl chloroform) |
|
|
3824 77 00 |
Mixtures containing bromomethane (methyl bromide) or bromochloromethane |
|
|
(1)
An ‘ex’ before a code implies that substances other than those referred to in the column ‘Description’ may also fall under that subheading. |
||
ANNEX V
Conditions for the placing on the market and further distribution of controlled substances for essential laboratory and analytical uses referred to in Article 10(3)
|
1. |
Controlled substances for essential laboratory and analytical uses shall contain only controlled substances manufactured to the following purities:
These pure controlled substances may be subsequently mixed by manufacturers, agents, or distributors with other chemicals controlled or not controlled by the Protocol as is customary for laboratory and analytical uses. |
|
2. |
These high purity substances and mixtures containing controlled substances shall be supplied only in re-closable containers or high pressure cylinders smaller than three litres or in 10 millilitre or smaller glass ampoules, marked clearly as substances that deplete the ozone layer, restricted to laboratory and analytical uses and specifying that used or surplus substances should be collected and recycled, if practical. The material should be destroyed if recycling is not practical. |
ANNEX VI
CRITICAL USES OF HALONS
For the purposes of this Annex, the following definitions shall apply:
‘Cut-off date’ means the date after which halons must not be used for fire extinguishers or fire protection systems in new equipment and new facilities for the application concerned.
‘New equipment’ means equipment for which, by the cut-off date, neither of the following events has occurred:
signature of the relevant procurement or development contract;
submission of a request for type approval or type certification to the appropriate regulatory authority. ►M4 For aircraft, submission of a request for type certification refers to a submission of a request for a new aircraft type certification. ◄
‘New facilities’ means facilities for which, by the cut-off date, neither of the following events has occurred:
signature of the relevant development contract;
submission of a request for planning consent to the appropriate regulatory authority.
‘End date’ means the date after which halons shall not be used for the application concerned and by which date the fire extinguishers or fire protection systems containing halons shall be decommissioned.
‘Inerting’ means preventing the initiation of combustion of a flammable or explosive atmosphere by means of the addition of an inhibiting or diluting agent.
‘Cargo ship’ means a ship that is not a passenger ship, is over 500 tonnes gross weight, and embarks on an international voyage, in accordance with the definition of those terms in the Safety of Life at Sea (SOLAS) Convention. The SOLAS Convention defines a ‘passenger ship’ as ‘a ship that carries more than 12 passengers’ and an ‘international voyage’ as ‘a voyage from a country to which the present Convention applies to a port outside such country, or conversely’.
A ‘normally occupied’ space means a protected space in which it is necessary for persons to be present most or all of the time in order for the equipment or facility to function effectively. For military applications, the occupancy status of the protected space would be that applicable during a combat situation.
A ‘normally unoccupied’ space means a protected space that is occupied for limited periods only, in particular for undertaking maintenance, and where the continual presence of persons is not necessary for the effective functioning of the equipment or facility.
|
CRITICAL USES OF HALONS |
|||||
|
Application |
Cut-off date (31 December of the stated year) |
End date (31 December of the stated year) |
|||
|
Category of equipment or facility |
Purpose |
Type of extinguisher |
Type of halon |
||
|
1. On military ground vehicles |
1.1. For the protection of engine compartments |
Fixed system |
1301 1211 2402 |
2010 |
2035 |
|
1.2. For the protection of crew compartments |
Fixed system |
1301 2402 |
2011 |
2040 |
|
|
1.3. For the protection of crew compartments |
Portable extinguisher |
1301 1211 |
2011 |
2020 |
|
|
2. On military surface ships |
2.1. For the protection of normally occupied machinery spaces |
Fixed system |
1301 2402 |
2010 |
2040 |
|
2.2. For the protection of normally unoccupied engine spaces |
Fixed system |
1301 1211 2402 |
2010 |
2035 |
|
|
2.3. For the protection of normally unoccupied electrical compartments |
Fixed system |
1301 1211 |
2010 |
2030 |
|
|
2.4. For the protection of command centres |
Fixed system |
1301 |
2010 |
2030 |
|
|
2.5. For the protection of fuel pump rooms |
Fixed system |
1301 |
2010 |
2030 |
|
|
2.6. For the protection of flammable liquid storage compartments |
Fixed system |
1301 1211 2402 |
2010 |
2030 |
|
|
2.7. For the protection of aircraft in hangars and maintenance areas |
Portable extinguisher |
1301 1211 |
2010 |
2016 |
|
|
3. On military submarines |
3.1. For the protection of machinery spaces |
Fixed system |
1301 |
2010 |
2040 |
|
3.2. For the protection of command centres |
Fixed system |
1301 |
2010 |
2040 |
|
|
3.3. For the protection of diesel generator spaces |
Fixed system |
1301 |
2010 |
2040 |
|
|
3.4. For the protection of electrical compartments |
Fixed system |
1301 |
2010 |
2040 |
|
|
4. On aircraft |
4.1. For the protection of normally unoccupied cargo compartments |
Fixed system |
1301 1211 2402 |
2018 |
2040 |
|
4.2. For the protection of cabins and crew compartments |
Portable extinguisher |
1211 2402 |
2014 |
2025 |
|
|
4.3. For the protection of engine nacelles and auxiliary power units |
Fixed system |
1301 1211 2402 |
2014 |
2040 |
|
|
4.4. For the inerting of fuel tanks |
Fixed system |
1301 2402 |
2011 |
2040 |
|
|
4.5. For the protection of lavatory waste receptacles |
Fixed system |
1301 1211 2402 |
2011 |
2020 |
|
|
4.6. For the protection of dry bays |
Fixed system |
1301 1211 2402 |
2011 |
2040 |
|
|
5. In oil, gas and petrochemicals facilities |
5.1. For the protection of spaces where flammable liquid or gas could be released |
Fixed system |
1301 2402 |
2010 |
2020 |
|
6. On commercial cargo ships |
6.1. For the inerting of normally occupied spaces where flammable liquid or gas could be released |
Fixed system |
1301 2402 |
1994 |
2016 |
|
7. In land-based command and communications facilities essential to national security |
7.1. For the protection of normally occupied spaces |
Fixed system |
1301 2402 |
2010 |
2025 |
|
7.2. For the protection of normally occupied spaces |
Portable extinguisher |
1211 |
2010 |
2013 |
|
|
7.3. For the protection of normally unoccupied spaces |
Fixed system |
1301 2402 |
2010 |
2020 |
|
|
8. At airfields and airports |
8.1. For crash rescue vehicles |
Portable extinguisher |
1211 |
2010 |
2016 |
|
8.2. For the protection of aircraft in hangars and maintenance areas |
Portable extinguisher |
1211 |
2010 |
2016 |
|
|
9. In nuclear power and nuclear research facilities |
9.1. For the protection of spaces where necessary to minimise risk of dispersion of radioactive matter |
Fixed system |
1301 |
2010 |
2020 |
|
10. In the Channel Tunnel |
10.1. For the protection of technical facilities |
Fixed system |
1301 |
2010 |
2016 |
|
10.2. For the protection of power cars and shuttle wagons of Channel Tunnel trains |
Fixed system |
1301 |
2010 |
2020 |
|
|
11. Other |
11.1. For initial extinguishing by fire brigades where essential to personal safety |
Portable extinguisher |
1211 |
2010 |
2013 |
|
11.2. For the protection of persons by military and police personnel |
Portable extinguisher |
1211 |
2010 |
2013 |
|
ANNEX VII
DESTRUCTION TECHNOLOGIES REFERRED TO IN ARTICLE 22(1)
|
Applicability |
|||
|
Technology |
Dilute sources (3) |
||
|
|
Controlled substances listed in Annex I, groups I, II, IV, V, VIII |
Halons listed in Annex I group III |
Foam |
|
Destruction and removal efficiency (DRE) (4) |
99,99 % |
99,99 % |
95 % |
|
Cement kilns |
Approved (5) |
Not Approved |
Not applicable |
|
Liquid injection incineration |
Approved |
Approved |
Not applicable |
|
Gaseous/fume oxidation |
Approved |
Approved |
Not applicable |
|
Municipal solid waste incineration |
Not applicable |
Not applicable |
Approved |
|
Reactor cracking |
Approved |
Not Approved |
Not applicable |
|
Rotary kiln incineration |
Approved |
Approved |
Approved |
|
Argon plasma arc |
Approved |
Approved |
Not applicable |
|
Inductively coupled radio frequency plasma |
Approved |
Approved |
Not applicable |
|
Microwave plasma |
Approved |
Not Approved |
Not applicable |
|
Nitrogen plasma arc |
Approved |
Not Approved |
Not applicable |
|
Gas phase catalytic dehalogenation |
Approved |
Not Approved |
Not applicable |
|
Superheated steam reactor |
Approved |
Not Approved |
Not applicable |
|
(1)
Controlled substances not listed below shall be destroyed by the most environmentally acceptable destruction technology not entailing excessive costs.
(2)
Concentrated sources refer to virgin, recovered and reclaimed ozone-depleting substances.
(3)
Dilute sources refer to ozone-depleting substances contained in a matrix of a solid, for example foam.
(4)
The DRE criterion presents technology capability on which approval of the technology is based. It does not always reflect the day-to-day performance achieved, which in itself will be controlled by national minimum standards.
(5)
Approved by the Parties. |
|||
ANNEX VIII
CORRELATION TABLE
|
Regulation (EC) No 2037/2000 |
This Regulation |
|
Article 1 |
Article 1 and 2 |
|
Article 2 |
Article 3 |
|
Article 3(1) first subparagraph |
Article 4(1) |
|
Article 3(1) second subparagraph |
Article 10(2) and (4) |
|
Article 3(2) point (i) |
Article 4 |
|
Article 3(2) point (ii) first subparagraph |
— |
|
Article 3(2) point (ii) second subparagraph |
Article 12(3) |
|
Article 3(3) |
Article 11(1) |
|
Article 3(4) |
Article 10(6) first sentence |
|
Article 3(5) |
Article 10(7) |
|
Article 3(6) |
— |
|
Article 3(7) |
Article 10(8) |
|
Article 3(8) |
Article 14(2) |
|
Article 3(9) |
Article 14(3) |
|
Article 3(10) |
Article 14(4) |
|
Article 4(1) |
Article 5(1) |
|
Article 4(2) point (i) |
Article 5(1) |
|
Article 4(2) point (ii) |
— |
|
Article 4(2) point (iii) first subparagraph |
Article 12(1) and (2) |
|
Article 4(2) point (iii) second subparagraph |
Article 26(1) point (a) |
|
Article 4(2) point (iii) third subparagraph |
Article 12(2) |
|
Article 4(2) point (iv) |
— |
|
Article 4(3) point (i) |
Article 5(1) |
|
Article 4(3) point (ii) |
— |
|
Article 4(3) point (iii) |
— |
|
Article 4(3) point (iv) |
— |
|
Article 4(4) point (i)(a) |
Article 9 |
|
Article 4(4) point (i)(b) first indent |
Article 7(1) and Article 8(1) |
|
Article 4(4) point (i)(b) second indent |
Article 10(1) and Article 12(3) |
|
Article 4(4) point (ii) |
— |
|
Article 4(4) point (iii) |
— |
|
Article 4(4) point (iv) first sentence |
Article 13(1) |
|
Article 4(4) point (iv) second sentence |
Article 27(1) |
|
Article 4(4) point (v) |
Article 6(2) |
|
Article 4(5) |
Article 14(1) |
|
Article 4(6) |
Article 6 |
|
Article 4(6) |
— |
|
Article 5(1) |
Article 5(1) |
|
Article 5(2) point (a) |
Article 11(2) |
|
Article 5(2) point (b) |
Article 7(1) |
|
Article 5(2) point (c) |
Article 8(1) |
|
Article 5(3) |
— |
|
Article 5(4) first sentence |
Article 11(8) |
|
Article 5(4) second sentence |
— |
|
Article 5(5) |
— |
|
Article 5(6) |
— |
|
Article 5(7) |
Article 11(8) |
|
Article 6(1) first sentence |
Article 15(3) |
|
Article 6(1) second sentence |
— |
|
Article 6(2) |
— |
|
Article 6(3) |
Article 18(3) |
|
Article 6(4) |
Article 18(5) |
|
Article 6(5) |
Article 18(9) |
|
Article 7 |
Article 16(1) |
|
Article 8 |
Article 20(1) |
|
Article 9(1) |
Article 20(1) |
|
Article 9(2) |
Article 21 |
|
Article 10 |
Article 20(2) |
|
Article 11(1) |
Article 17(1) and (2) |
|
Article 11(2) |
Article 20(1) |
|
Article 11(3) |
Article 20(1) |
|
Article 11(4) |
— |
|
Article 12(1) |
Article 17(4) |
|
Article 12(2) |
Article 18(4) |
|
Article 12(3) |
Article 18(5) |
|
Article 12(4) |
Article 18(3) and (4) |
|
Article 13 |
Article 20(3) |
|
Article 14 |
Article 20(4) |
|
Article 15 |
— |
|
Article 16(1) |
Article 22(1) |
|
Article 16(2) |
— |
|
Article 16(3) |
Article 22(3) |
|
Article 16(4) |
— |
|
Article 16(5) |
Article 22(5) |
|
Article 16(6) |
— |
|
Article 16(7) |
— |
|
Article 17 |
Article 23 |
|
Article 18 |
Article 25 |
|
Article 19 |
Article 25 |
|
Article 20(1) |
Article 28(3) |
|
Article 20(2) |
Article 28(3) |
|
Article 20(3) |
Article 28(1) |
|
Article 20(4) |
Article 28(2) |
|
Article 20(5) |
Article 28(4) |
|
Article 21 |
Article 29 |
|
Article 22 |
Article 24 |
|
Article 23 |
Article 30 |
|
Article 24 |
Article 31 |
|
Annex I |
Annex I |
|
Annex III |
— |
|
Annex IV |
Annex IV |
|
Annex V |
— |
|
Annex VI |
Annex III |
|
Annex VII |
Annex VI |