11 DEPLETION OF THE OZONE LAYER
(24036)
14897/02
COM(02) 642
| Draft Regulation amending Regulation (EC) No. 2037/2000 as regards
critical uses and exports of halons, the export of products and equipment
containing chlorofluorocarbons and controls on bromochloromethane.
|
| Legal base | Article 175(1) EC; co-decision; QMV
|
| Department | Environment, Food and Rural Affairs
|
| Basis of consideration |
SEM of 28 May 2003 and Minister's letter of 4 June 2003
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| Previous Committee Report |
HC 63-ix (2002-03), paragraph 1 (22 January 2003)
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| To be discussed in Council
| Shortly |
| Committee's assessment | Politically important
|
| Committee's decision | Cleared
|
Background
11.1 In 1998, our predecessors considered a proposal[31]
— now adopted as Regulation (EC) No. 2037/2000[32]
— which would enable the Community to fulfil its obligations
under the Montreal Protocol on Substances[33]
that Deplete the Ozone Layer. The proposal involved various restrictions
on the production, sale, use and export of these substances, and,
as they appeared at the time to be relatively straightforward
and consistent with the Community's international obligations,
they were cleared without debate on 16 December 1998. However,
they subsequently attracted significant attention, when it became
apparent that the Government had failed to identify in advance
the practical problems which would arise over the disposal of
refrigerators.
11.2 In November 2002, the Commission put
forward the current proposal, current proposal which would make
a number of essentially technical amendments to Regulation (EC)
No. 2037/2000. These include the introduction of a time-frame
for the eventual phasing-out of halon for critical uses;[34]
allowing the export of bulk halon for critical uses; allowing
the export of products and equipment, other than refrigerators
and air-conditioners, containing foam blown with CFCs; and extending
the controls applying to bromochloromethane, thus bringing these
into line with the Montreal Protocol.
11.3 Governments view In his Explanatory
Memorandum of 20 December 2002, the then Minister of State (Environment)
at the Department for Environment, Food and Rural Affairs (Mr
Michael Meacher) said that the UK was broadly content with the
proposal, and indeed had for some time been actively seeking some
of the amendments proposed. He suggested that a Regulatory Impact
Assessment might not be necessary as the amendment would not impose
any additional costs on UK businesses, charities or voluntary
bodies, but added that, if it would be helpful, an Assessment
addressing savings could be produced within a reasonable timescale.
11.4 In our Report of 22 January 2003, we
said that, on the face of it, this proposal seemed reasonably
straightforward, but that, in view of the unfortunate history
of the proposal leading to the adoption of Regulation (EC) No.
2037/2000, we would like to take up the Minister's offer. We
also said that we would find it helpful if he could at the same
time give an assurance that the latest proposal did not contain
any pitfalls comparable to those which had arisen over the disposal
of refrigerators, and to let us know whether those earlier difficulties
had been overcome.
Supplementary Explanatory Memorandum of 28 May
2003 and Minister's letter of 4 June 2003
11.5 We have now received a letter and supplementary
Explanatory Memorandum from the Minister addressing these two
issues, and identifying one or two changes which have been made
to the proposal in subsequent discussion.
11.6 On the question of potential parallels
between this measure and that on refrigerators, the Minister indicates
that his Department has considered carefully the amendments proposed,
but has not been able to identify any potential pitfalls. He
adds that the issue of the disposal of refrigerators has now been
resolved, with eleven fixed treatment plants operating in the
UK and a mobile facility having been licensed to operate at three
further sites. He says that local authorities have let contracts
with these operators, leading to a decrease in the backlog of
stored refrigerators, and that £46 million has been allocated
to local authorities to cover the additional burden of dealing
with this problem in 2002-03 (with a further provision for continuing
costs in 2003-04). He also points out that his Department is
continuing to work with local authorities and retailers to re-introduce
the taking back by retailers of refrigerators, which would provide
significant cost savings for local authorities. One retailer
has already reintroduced this service for its customers at a charge
of £15 per refrigerator, and a pilot-scale trial is to begin
in the south of England on 1 July to see if the service can be
reintroduced free of charge.
11.7 So far as the current proposal is concerned,
the Minister says that two significant changes have been made
— the export of halons for critical uses would now be subject
to the same time frame[35]
as would apply to such uses within the Community, whilst the proposal
to allow the export of products and equipment containing foam
blown with CFCs would be amended to require the degassing of any
equipment used as a refrigerant in second-hand ships, aircraft
and vehicles.
11.8 Finally, the Minister's supplementary
Explanatory Memorandum has attached to it a brief Regulatory Impact
Assessment. This suggests that there would be limited environmental
benefits arising from the proposal, but that there would be an
increased export potential for UK industry. No significant costs
would be imposed.
Conclusion
11.9 We are grateful to the Minister
for this further information, in the light of which we are now
clearing the proposal.
31 (19389) 10902/98; see HC 155-xxxviii (1997-98),
paragraph 8 (28 October 1998) and HC 34-iv (1998-99), paragraph
8 (16 December 1998). Back
32
OJ No. L.244, 29.9.00, p.1. Back
33
Those covered by the proposal are chloroflurocarbons (CFCs),
halons, carbon tetrachloride, methyl bromide, hydrobromoflurocarbons
and hydrochloroflurocarbons. Back
34
Those for which no technically or economically feasible alternative
exists. Back
35
i.e. there would be cut-off date of January 2010, with a review
at the end of 2005 to see whether this date could be brought forward. Back
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