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HendrikF Feb 11, 2014 04:59 PM
Possibility of marketing a controlled substance that depletes the ozone layer

Our company recycles / treats several different kinds of wastes, e.g. chlorofluorocarbons and solvents containing halogens.
The permission from our local authority also includes the permit to treat 1,1,1-trichloroethane, which is as you may know an ozone depleting substance subject to Regulation (EC) No 1005/2009. According to this regulation the placing on the market and the use of controlled substances shall be prohibited.
However there is an exception for feedstock users, as you can see in the Commission Implementing Decision of 18 December 2013 determining quantitative limits and allocating quotas for substances controlled under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, for the period 1 January to 31 December 2014 (http://eur-lex.europa.eu/Le[…]L:2013:353:0074:0082:EN:PDF).

A company from a fairly new eastern European member state has large quantities 1,1,1-trichloroethane which we are interested in treating at our facilities. Unfortunately the sale of recycled 1,1,1-trichloroethane is generally prohibited in the European Union.
My question now is the following:
Is it possible to sell recycled 1,1,1-trichloroethane to companies which have allocated import quotas for 1,1,1–trichloroethane in accordance with Regulation (EC) No 1005/2009?
Or are those feedstock users only allowed to import controlled substances from outside the European Union?

Thanks in advance and kind regards
Replies (1)
EEA Feb 14, 2014 10:50 AM
Hello HendrikF,
The EEA is not the right entity to answer about the legality of your potential treatment of waste from the mentioned company. It is the Directorate-General for Environment (EU Commission) which is reponsible for overseeing that European environmental policy and legislation is adhered to by Member States. We suggest you contact either the relevant authorities in your country (http://www.asser.nl/Default.aspx?site_id=7&level1=12222) or the Directorate-General for Environment (http://ec.europa.eu/environment/contact/contact_en.htm) for advice. Hopte this helps.