16.10.2003 Official Journal of the European Union L 265/1 (Acts whose publication is obligatory) REGULATION (EC) No 1804/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 September 2003 amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromo- chloromethane THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Economic and Social Committee (), Following consultation of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (), Whereas: (1)  In applying Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (¥, a number of issues have emerged that need to be addressed through amendments to that Regulation. These issues that relate to the effective and safe imple- mentation of that Regulation have been discussed with the Member States in the Management Committee under that Regulation. This Regulation concerns four amend- ments to Regulation (EC) No 2037/2000. (2)  Under Article 4(4)(iv) of Regulation (EC) No 2037/2000, the Commission is mandated to review each year the critical uses of halon listed in Annex VII to that Regula- tion. However, that Regulation does not provide, in the () O] C 45 E, 25.2.2003, p. 297. () O] C 95, 23.4.2003, p. 27. () Opinion of the European Parliament of 5 June 2003 (not yet published in the Official Journal) and Decision of the Council of 26 June 2003. (*) OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Commis- sion Decision 2003/160/EC (O] L 65, 8.3.2003, p. 29). context of these reviews, for the establishment of time- frames for the eventual phasing out of these critical uses in the light of the identification and use of adequate alternatives. The first amendment to that Regulation provides for the possibility of establishing time-frames for reducing the use of halon for critical uses, taking into account the availability of technically and economically feasible alternatives or technologies that are acceptable from the standpoint of environment and health, when reviewing Annex VII to that Regulation. This should ensure that progress is made in reducing the quantity of halon for critical uses and thereby accelerate recovery of the ozone layer. The second amendment concerns exports of halon for the critical uses listed in Annex VII to Regulation (EC) No 2037/2000. From 1 January 2004, that Regulation will permit only halon used for the purposes listed in its Annex VII to remain installed for firefighting in the European Community. These uses are deemed ‘critical’ as they currently have no technically and economically feasible alternatives. Any equipment containing halon that is not listed in Annex VII is therefore deemed non- critical. All non-critical installations of halon should be decommissioned by 31 December 2003. Decommis- sioned halon should be allowed to be stored for critical uses, exported from critical use storage or destroyed. Article 11(1)(d) of Regulation (EC) No 2037/2000 permits exports of ‘products and equipment containing halon, to satisfy critical uses listed in Annex VII. That Article should be amended to allow bulk halon for export for critical uses until 31 December 2009 as long as it is obtained from recovered, recycled and reclaimed halon that originates from storage facilities authorised or operated by the competent authority. A review of exports of bulk halon should be called for with a view to banning exports earlier than 31 December 2009, if appropriate. Exports of halon for critical uses should be prohibited after 31 December 2003 if the halon is not from facilities authorised or operated by the competent authority to store halon for critical uses.