Editorial note

Regulation (EC) No 2037/2000 on substances that deplete the ozone layer updates earlier Community legislation regarding ozone depleting substances and implements recent amendments to the Montreal Protocol. This Regulation applies to the production, importation, exportation, placing on the market, use, recovery, recycling and reclamation, and destruction of certain substances that deplete the ozone layer (Article 1). The Regulation prohibits the production (Article 3(1)) as well as the placing on the market and use (Article 4(1)) of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, hydrobromofluorocarbons and bromochloromethane. It identifies ‘controlled substances’ as those being the most dangerous in respect of depleting the ozone layer and defines each individually (Article 2 and Annex I). It prohibits the use of hydrochlorofluorocarbons, except in a number of specified situations (Article 5).

The importation into the European Community of controlled substances requires a licence (Article 6) and is subject to quantitative limits (Article 7). However, the importation of controlled substances (Article 8) or products containing controlled substances (Article 9) from a State not party to the Montreal Protocol is prohibited. The Council will adopt specific rules on the importation of products produced using controlled substances froma State not party to the Montreal Protocol (Article 10). The Regulation prohibits the export of certain controlled substances (Article 11), whilst other controlled substances, or products containing controlled substances, are subject to export authorisation (Article 12). In exceptional circumstances, the Commission has the right to authorise trade in controlled substances, including products which contain controlled substances or are produced by controlled substances, with States not party to the Montreal Protocol (Article 13).