COUNCIL RESOLUTION of 14 October 1988 for the limitation of use of chlorofluorocarbons and halons (88/C 285/01)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas it is established that continued emissions of certain chlorofluorocarbons and halons at current levels are likely to 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 (1) and 82/795/EEC (2) provide for controls which are of limited effect and which cover only two such substances (CFC 11 and CFC 12);

Whereas the Community together with several of its Member States signed, on 22 March 1985, the Vienna Convention for the protection of the ozone layer;

Whereas the Community together with several of its Member States signed, on 16 September 1987, the Montreal Protocol on substances that deplete the ozone layer;

Whereas the Council has adopted Decision 88/540/EEC (3) concerning the conclusion of the Vienna Convention and the Montreal Protocol;

Whereas the Council has adopted Regulation (EEC) No 3322/88 (4) on certain chlorofluorocarbons and halons which deplete the ozone layer;

Whereas recent scientific studies have confirmed that some depletion of the ozone layer has already occurred and that the observed changes may be due, wholly or in part, to the increased atmospheric abundance of trace gases, particularly chlorofluorocarbons;

Whereas it is important to achieve the greatest feasible substitution of chlorofluorocarbons and halons in all areas of their use;

Whereas a number of Member States have reached voluntary agreements with the manufacturers of aerosols for the progressive reduction in view of possible elimination of chlorofluorocarbons from these products, 1. STRESSES that in addition to the Regulation (EEC) No 3322/88 urgent action should be taken in order to limit, in particular by the measures mentioned below, the use of chlorofluorocarbons and halons in products and equipment containing them or in processes using them;

2. UNDERLINES the need for the Community and the Member States to encourage further research into climate change and the ozone layer and, in consultation with industry, into alternative environmentally sound products, equipment or processes;

3. INVITES the Commission, in cooperation with the Member States, to initiate discussions on voluntary agreements at the Community level with all the industries concerned, wherever feasible to substitute chlorofluorocarbons and halons in products, such as aerosols, or in equipment or processes using them, or if such substitution is not feasible, to reduce the use of these substances, so that the total amounts of these substances used will be reduced to the maximum possible extent.

It further invites the Commission to report on progress made;

4. INVITES the Commission, in cooperation with the Member States, to initiate discussions with the industries concerned with a view to concluding a voluntary agreement on a common Community label for chlorofluorocarbon-free products;

5. STRESSES the great importance of any reductions in the use of chlorofluorocarbons and halons in products, equipment and processes resulting from national or Community measures as mentioned above not being offset by increases in other uses of these substances or increases in other parts of the Community, but being safeguarded for the protection of human health and the environment and therefore REQUESTS the Commission to evaluate annually the impact of such reductions and to submit by 31 December 1990 at the latest, and at regular intervals thereafter, a report to the Council.

When necessary, the Commission will submit appropriate proposals to the Council.

Done at Luxembourg, 14 October 1988.

For the Council

The President

V. PAPANDREOU

(1) OJ No L 90, 3. 4. 1980, p. 45.

(2) OJ No L 329, 25. 11. 1982, p. 29.

(3) OJ No L 297, 31. 10. 1988, p. 8.

(4) OJ No L 297, 31. 10. 1988, p. 1.