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; and
(f)
hydrobromofluorocarbons.
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), 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) 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 haloes
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 haloes 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 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.
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
and hydrobromofluorocarbons 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.