Council Regulation (EEC) No 594/91 of 4 March 1991 on substances that deplete the ozone layer

• Published date: 14 March 1991
• Subject Matter: Internal market - Principles,Environment
• Official Gazette Publication: Official Journal of the European Communities, L 67, 14 March 1991

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Council Regulation (EEC) No 594/91 of 4 March 1991 on substances that deplete the ozone layer

Official Journal L 067 , 14/03/1991 P. 0001 - 0010
Finnish special edition: Chapter 15 Volume 10 P. 0049
Swedish special edition: Chapter 15 Volume 10 P. 0049

COUNCIL REGULATION (EEC) No 594/91 of 4 March 1991 on substances that deplete the ozone layer

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas it is established that continued emissions of ozone depleting substances at current levels cause significant damage to the ozone layer; whereas there is an international consensus that significant reductions in both production and consumption of such substances are necessary; whereas Decisions 80/372/EEC (4) and 82/795/EEC (5) provide controls which are of limited effect and which cover only two such substances (CFC 11 and CFC 12);

Whereas in view of the responsibilities of the Community for the environment and trade, all Member States and the Community have become Parties to the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer;

Whereas Regulation (EEC) No 3322/88 (6) provides for controls on certain chlorofluorocarbons and halons which deplete the ozone layer;

Whereas, in the light of more recent scientific evidence, the Parties to the Montreal Protocol have adopted at their second meeting, at which the Community and the Member States played a leading role, additional measures for the protection of the ozone layer;

Whereas, in the light of more recent scientific evidence, the Parties to the Montreal Protocol have adopted at their second meeting, at which the Community and the Member States played a leading role, additional measures for the protection of the ozone layer;

Whereas it is necessary for action to be taken at Community level to carry out the Community's obligation under the Convention and the amended Protocol, in particular further to control production and consumption within the Community of certain chlorofluorocarbons and halons and other ozone-depleting substances;

Whereas, in the light notably of scientific evidence, it is appropriate in certain cases to introduce control measures which are more severe than those of the amended Protocol;

Whereas, bearing in mind the market structure for chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride and 1,1,1-trichloroethane, it is appropriate - to ensure fulfilment of the Community's obligation under the amended Protocol - to control consumption of these substances by controlling supply rather than demand; whereas supply can be controlled by limiting sales and use by producers in the Community, and by limiting the release into free circulation of imports;

Whereas it is necessary to keep under review the evolution of the market for the above substances, particularly with regard to sufficient supply for essential uses, and the state of development of appropriate substitutes;

Whereas additional Community measures may be needed to carry out the Community's obligations under the Protocol in respect of research and development, and technical assistance;

Whereas Regulation (EEC) No 3322/88 has become superfluous and should therefore be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation shall apply to the importation, exportation, production and consumption of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane. It shall also apply to the reporting of data on these substances and on transitional substances.

Article 2

Definitions

In this Regulation:

- 'the Protocol' means the Montreal Protocol on Substances that Deplete the Ozone Layer, whether in its adjusted or adjusted and amended version,

- 'Party' means any Party to the Protocol. However, as to the rights and obligations resulting from the amendments to the Protocol, States which have not approved those amendments or measures for their implementation are not considered as 'Parties',

- 'controlled substances' means chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride and 1,1,1-trichloroethane, whether existing alone or in a mixture. This definition shall not cover any controlled substance which is in a manufactured product other than a container used for the transportation or storage of that substance,

- 'chlorofluorocarbons' means the substances listed in Group I of Annex I, including their isomers,

- 'other fully halogenated chlorofluorocarbons' means the substances listed in Group II of Annex I, including their isomers,

- 'halons' means the substances listed in Group III of Annex I, including their isomers,

- 'carbon tetrachloride' means the substance listed in Group IV of Annex I,

- '1,1,1-trichloroethane' means the substance listed in Group V of Annex I,

- 'transitional substances' means the partially halogenated chlorofluorocarbons, including their isomers listed in Group VI of Annex I whether existing alone or in a mixture. However, it does not cover any transitional substance, mixture or isomer which is in a manufactured product other than a container used for the transportation or storage of that substance,

- 'producer' means any natural or legal person manufacturing controlled or transitional substances within the Community,

- 'production' means the amount of substances produced, minus the amount destroyed by technologies to be approved by the Parties and minus the amount produced for the use as feedstock in the manufacture of other chemicals. Any amount recycled and re-used is not to be considered as 'production',

- 'undertaking' means any natural or legal person which produces, recycles for placing on the market or uses in the Community controlled or transitional substances for industrial or commercial purposes or which releases into free circulation in the Community such imported substances, or exports such substances from the Community for industrial or commercial purposes,

- 'ozone-depleting potential' means the figure specified in the final column of Annex I representing the potential effect of each substance on the ozone layer,

- 'calculated level' means a quantity determined by multiplying the quantity of each substance by the ozone-depleting potential of that substance specified in Annex I and by adding together, for each group of substances in Annex I separately, the resulting figures,

- 'industrial rationalization' 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 achieving economic efficiency of responding to anticipated shortfalls in supply as a result of plant closures.

PART I TRADE REGIME

Article 3

Importation of substances from third countries 1. The release into free circulation in the Community of controlled substances, be they virgin, recycled or used, imported from third countries, shall be subject to quantitative limits.

2. For this purpose the Community shall open the quotas set out in Annex II which shall be applicable during the period laid down in that Annex, and allocate them to undertakings in accordance with the procedure set out in Article 12.

3. The Commission, in accordance with the procedure set out in Article 12, may modify the quotas set out in Annex II.

Article 4

Import licence 1. The release into free circulation in the Community of controlled substances which are subject to the quotas referred to in Article 3 shall be subject to presentation of an...