# COMMISSION REGULATION (EC) No 2077/2004

of 3 December 2004

amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to the use of processing agents

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer [^1] , and in particular the third sentence of the fifteenth indent of Article 2 thereof,

Whereas:

**(1)** Taking account of new information and technical developments reported by the Technology and Economic Assessment Panel in its progress report dated April 2002 [^2] on controlled substances used as chemical processing agents, Annex VI of Regulation (EC) No 2037/2000 should be modified as a result of Decision X/14 [^3] and Decision XV/6 [^4] adopted at the 10th (1998) and 15th Meetings (2003) of the Parties to the Montreal Protocol, respectively.

**(2)** More specifically, Decision XV/6 adds the processing agent carbon tetrachloride for producing cyclodime (a solvent); and deletes the use of CFC 113 as a process agent in the manufacture of vinorelbine (a pharmaceutical product) and the use of carbon tetrachloride as a process agent in the production of tralomethrine (an insecticide).

**(3)** Regulation (EC) No 2037/2000 should be amended accordingly.

**(4)** The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 18(1) of Regulation (EC) No 2037/2000.

HAS ADOPTED THIS REGULATION:

## **Article 1**

Annex VI to Regulation (EC) No 2037/2000 is replaced by the text amended as set out in the Annex to this Regulation.

## **Article 2**

This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union* .

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 3 December 2004. *For the Commission* Stavros DIMAS *Member of the Commission*

[^1] [OJ L 244, 29.9.2000, p. 1](http://publications.europa.eu/resource/oj/JOL_2000_244_R_TOC) . Regulation as last amended by Regulation (EC) No 1804/2003 ( [OJ L 265, 16.10.2003, p. 1](http://publications.europa.eu/resource/oj/JOL_2003_265_R_TOC) ).

[^2] The report of the Technology and Economic Assessment Panel, April 2002, Volume 1, Progress report on Processing Agents.

[^3] 10th Meeting of the Parties to the Montreal Protocol in 1998, Decision X/14: Process agents.

[^4] 15th Meeting of the Parties to the Montreal Protocol in 2003, Decision XV/6: List of Uses of Controlled Substances as Process Agents.

‘ANNEX VI Processes in which controlled substances are used as processing agents as referred to in the fifteenth indent of Article 2 (a) use of carbon tetrachloride for the elimination of nitrogen trichloride in the production of chlorine and caustic soda; (b) use of carbon tetrachloride in the recovery of chlorine in tail gas from production of chlorine; (c) use of carbon tetrachloride in the manufacture of chlorinated rubber; (d) use of carbon tetrachloride in the manufacture of isobutyl acetophenone (ibruprofen — analgesic); (e) use of carbon tetrachloride in the manufacture of poly-phenylene-terephtalamide; (f) use of CFC-11 in manufacture of fine synthetic polyolefin fibre sheet; (g) use of CFC-12 in the photochemical synthesis of perfluoropolyetherpolyperoxide, precursors of Z-perfluoropolyethers and difunctional derivatives; (h) use of CFC-113 in the reduction of perfluoropolyetherpolyperoxide intermediate for production of perfluoropolyether diesters; (i) use of CFC-113 in the preparation of perfluoropolyether diols with high functionality; (j) use of carbon tetrachloride in production of Cyclodime; (k) use of HCFCs in the processes set out in points (a) to (j) when used to replace CFC or carbon tetrachloride.’

[^1]: . Regulation as last amended by Regulation (EC) No 1804/2003 ().
[^2]: The report of the Technology and Economic Assessment Panel, April 2002, Volume 1, Progress report on Processing Agents.
[^3]: 10th Meeting of the Parties to the Montreal Protocol in 1998, Decision X/14: Process agents.
[^4]: 15th Meeting of the Parties to the Montreal Protocol in 2003, Decision XV/6: List of Uses of Controlled Substances as Process Agents.