Notice to users of controlled substances in the European Union allowed for essential uses in the Community in 2005 pursuant to Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer (1)

(2004/C 187/05)

This Notice concerns the following substances:

This notice is addressed to users that intend to:

Controlled substances for essential uses may be obtained from production within the Community and, if necessary, by import from sources outside the Community.

Decision IV/25 of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer sets out criteria and a procedure for determining ‘essential uses’ for which continued production and consumption is allowed after phase-out.

Article 3(1) of Regulation (EC) No 2037/2000, as amended by Regulation (EC) No 2038/2000, requires the determination of quantities for essential uses of the abovementioned controlled substances which may be permitted in the Community in 2004, in accordance with Decision IV/25 of the Parties to the Montreal Protocol

Decision XV/4 of the Parties to the Montreal Protocol authorised the levels of production and consumption necessary to satisfy essential uses of CFCs for metered dose inhalers (MDIs) for the treatment of asthma and chronic obstructive pulmonary diseases as specified in annex I, subject to the conditions established by the meeting of the Parties in paragraph 2 of its Decision VII/28. For the production of MDIs in the European Community in 2005, the quantity of CFCs 11, 12, 113 and 114 authorised by the Parties in Decision XV/4 is 1 030 000,00 kilograms (one million thirty thousand ODP-kilograms).

In accordance with Decision X/19 of the Parties to the Montreal Protocol, the purity of controlled substances for laboratory purposes should be at least 99,0 % for 1,1,1-trichloroethane and 99,5 % for CFCs and carbon tetrachloride. 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 use and analytical purposes and specifying that used or surplus substances should be collected and recycled, if practical. The material should be destroyed if recycling is not practical.

Decision XV/8 of the Parties to the Montreal Protocol authorises the production and consumption necessary to satisfy essential uses of controlled substances listed in Annexes A, B and C (Group II and III substances) of the Montreal Protocol for laboratory and analytical uses as listed in Annex IV to the report of the Seventh Meeting of the Parties, subject to the conditions set out in Annex II to the report of the Sixth Meeting of the Parties.

The procedures for allocating quantities of controlled substances for the above essential uses carried out under Regulation (EC) No 2037/2000 and Regulation (EC) No 2038/2000 is the following:

(1)  OJ L 244, 29.9.2000, p. 1. Regulation as amended by Regulation (EC) 1804/2003 (OJ L 265, 16.10.2003, p. 1).