Summary =========================== The EC "ozone regulation" No. 2037/2000 does, indeed, prohibit the use of HCFC's as early as 1/1/00. In fact, some uses of HCFC's as early as 1/1/96. The trick to reading this regulation is to understand that the prohibition dates are scheduled according to the use of the HCFC. There are different dates, for example, for HCFC's used as solvents, aerosols, and refrigerants. The refrigerant use is, itself, broken down into different use sectors (i.e. Military Vehicles, Public Transport Air-conditioning)....
Before you can determine when your products use of HCFC will be prohibited, you must determine how the regulation speaks of your product...not always an easy task. Since the regulation is focused on the EU it is more difficult to find the language pointed towards manufacturers outside the EU who are selling into the EU. Note, for example, that "producer" in this document means a producer of HCFC (or other banned material), NOT a producer of equipment that utilizes the material. (ref article 2). As with most EU legislation, the primary burden of compliance is on those people in the union. Therefore, the burden is on the importer of equipment utilizing banned materials, not specifically on the exporter outside the EU. Of course, many US based companies have a Euro affiliate, and share reputation and "bottom line" or have contractual agreements not to get the Euro guys in trouble with "the law." Also note that this regulation seems to include reporting requirements for those who IMPORT HCFC's and related materials into the EU. Article 4 and or Article 6 describes this. So if you export equipment that utilizes HCFC's, but it is imported EMPTY of the HCFCs, you are pretty clear of obligations. However if you export HCFC containing equipment, even during the period before prohibition for your particular product, the importer of your equipment probably has reporting responsibilities. The body that must receive these reports, and how import quota's are determined are unclear to me at this time. I need to re-read the regulation 10 or so more times. Attached is an analysis I did for a "chiller" that uses HCFC's in its primary cooling cycle against the prohibition requirements of article 5. It is a specific case study, but may be useful to you. <<Analysis of CFC directive.doc>> I do not know how a "regulation" is different from a "directive." - more to learn ! The two amendments to this regulation to not change the base document in a large way. Details =========================================== Found by searching at "Directory of Community legislation in force" (http://europa.eu.int/eur-lex/en/lif/ind/en_analytical_index_15.html) with key word "2037/200) selecting 'legislation in force' and 'consolidated legislation' check boxes on search page. The basic act http://europa.eu.int/eur-lex/en/lif/dat/2000/en_300R2037.html A first amendment http://europa.eu.int/eur-lex/en/lif/dat/2000/en_300R2038.html A second amendment http://europa.eu.int/eur-lex/en/lif/dat/2000/en_300R2039.html Lauren Crane * Principal Safety & Compliance Engineer * Ion Beam and Thermal Processing Systems * Axcelis Technologies Inc. * 108 Cherry Hill Dr. * Beverly, MA 01915 * 978.787-9745 [email protected]
Analysis of CFC directive.doc
Description: MS-Word document
