L71/28 Official Journal of the European Union 10.3.2004 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 3 March 2004 amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to the use of halon 2402 (notified under document number C(2004) 639) (2004/232[EC) 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 Euro- pean Parliament and of the Council on substances that deplete the ozone layer (), and in particular Article 4(4)(iv) thereof, Whereas: 1 The Commission has, during the course of the review provided for in Article 4(4)(iv) of Regulation (EC) No 2037/2000, and after consultation with Member States, government representatives of the States that will accede to the European Union on 1 May 2004 and stake- holders, come to the following findings with regard to the use of halon 2402. The manufacture of halon 2402 in developed countries ceased on 1 January 1994 when the parties to the Montreal Protocol agreed to halt production in devel- oped countries. Since that time, any halon 2402 required has had to be obtained from specialised storage facilities which have stored halon that has been replaced by alternatives. Halon 2402 has wide-ranging application in the States that will accede to the European Union on 1 May 2004 for fire and explosion suppression in the military and non-military sectors where it is used, for example, in nuclear facilities as well as terrestrial, marine and air transportation. (") OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Regu- lation (EC) No 1804/2003 (O] L 265 16.10.2003, p. 1). (4) The replacement of halon fire-fighting equipment with alternative fire protection agents needs to take into account the availability of technically and economically feasible alternatives or technologies that are acceptable from the point of view of environment and health. Refit activities to install equipment that does not rely on halon for fire and explosion protection in military appli- cations needs to be scheduled in a way that avoids unac- ceptably compromising the defense capability of the States that will accede to the European Union. Special budgetary consideration and a period of time to convert to an alternative are often needed to adapt alternative fire-protection agents to perform safely and effectively. Article 4(4)(v) of Regulation (EC) No 2037/2000 requires halon installed in equipment that is not listed as a critical use in Annex VII to have been decommissioned by 31 December 2003 and the halon recovered in accordance with Article 16. In order to qualify for a critical-use exemption that would allow the continued use of halon 2402 in the countries that will accede to the European Union after that date, Annex VII to Regu- lation (EC) No 2037/2000 should be amended to allow this fire-extinguishing agent to be used for a range of applications. Regulation (EC) No 2037/2000 should therefore be amended accordingly. The measures provided in this Decision are in accord- ance with the opinion of the Committee established by Article 18(1) of Regulation (EC) No 2037/2000,