Denmark. (Information provided in September 2000)

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1 Denmark (Information provided in September 2000) 1 Status Denmark ratified the Montreal Protocol on 16 December 1988, the London Amendment on 20 December 1991 and the Copenhagen Amendment on 21 December It is a Non-Article 5 country. Denmark is a member of the European Union. 2 ODS Focal Point The Danish Environmental Protection Agency, the Danish EPA (Miljøstyrelsen, MST) has the main responsibility for implementing ODS phase-out strategies. Main contact persons: Kirsten Dørge Biocides & Chemical Assessment Division Danish EPA Strandgade 29 DK 1401 Copenhagen Tel: (45 32) Fax: (45 32) KIR@MST.DK 3 Regulations and Guidelines Regulations enacted by the Parliament of the European Union are automatically binding in all EU member States. They are referred to as EC Regulations. Denmark has, in addition, enacted national laws for ODS control. These rules are applicable to the extent that they are more stringent than the EU rules. Many applications which were banned at an early stage under the Danish regulations are now also banned under the EC regulations. The national regulations apply, however, still to the extent that they are more stringent than the EC rules. This is in particular relevant with regard to HCFCs and methyl bromide and with regard to products produced before the dates applicable under the EC regulations. The national rules are also of interest to show how controls were introduced in Denmark and therefore noted in the sections below even if the applications now also are prohibited under the EC Regulations. 3.1 EU regulations 1 Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on Substances that Deplete the Ozone Layer. Cited here as 2037/2000. This regulation repeals the earlier EC No 3093/94 (cited here as 3093/94 ) and entered into force 1 October Regulation (EC) No 2038/2000 of the European Parliament and of the Council of 28 September 2000 amending Regulation (EC) No 2037/2000 on Substances that Deplete the Ozone Layer, as regards metered dose inhalers and medical drug pumps. 3 Regulation (EC) No 2039/2000 of the European Parliament and of the Council of 28 September 2000 amending Regulation (EC) No 2037/2000 on Substances that Deplete the Ozone Layer, as regards the base year for allocation of quotas of hydrochlorofluorocarbons. Cited here as 2039/2000. For a summary of the EC regulations see the separate chapter on the European Union. 3.2 National regulations 1 Statutory Order from the Ministry of the Environment on Spray Cans (Bekendtgørelse om driv- og opløsningsmidler i aerosolbeholdere), 29 November 1984, official number and abbreviation here 571/

2 Regulations to Control Ozone-Depleting Substances: A Guidebook 2 Statutory Order from the Ministry of the Environment on Sale and Use of Certain Hazardous Chemicals and Products for Specified Uses (Bekendtgørelse om visse farlige kemiske stoffer og produkter til specielt angivne formål), 14 December 1995, official number 1004/95". No English translation available. 3 Statutory Order from the Ministry of the Environment and Energy Prohibiting the Use of Certain Ozone Depleting Substances (Bekendtgørelse om forbud mod anvendelse af visse ozonlagsnedbrydende stoffer), 13 December 1995, official number and abbreviation here 974/95. 4 Act from the Ministry of Taxes on taxes on certain CFCs and halons, 30 June 1994, official number and abbreviation here 622/94. 5 Statutory Order on Pesticides (Bekendtgørelse nr. 241 af 27 april 1998 om bekæmpelsesmidler) as amended by the Statutory Order no 750, 25 September Referred to here as Statutory Order on Pesticides. Earlier statutory orders from the Ministry for the Environment which have been repealed by subsequent regulations include: - Order Prohibiting the Use of Certain Chlorofluorocarbons, 19 January 1990, official number and abbreviation here 28/1990 ; - Order Prohibiting the Use of Chlorofluorocarbons, Tetrachloromethane, Trichloromethane and Halons, 24 January 1992, official number and abbreviation here 53/92 ; - Order Prohibiting the Use of Certain Ozone Depleting Substances: Chlorofluorocarbons, Tetrachloromethane, Trichloromethane and Halons, 16 November 1992, official number and abbreviation here 909/92 ; - Order Prohibiting the Use of Certain Ozone Depleting Substances, 3 June1994, official number and abbreviation here 478/94. The Statutory Orders from the Ministry of the Environment are based on mandates in the Act on Chemical Substances and Products, 16 January 1996, official number 2196/96. Sanctions against non-compliance include fines and jail. Applicable rules are to be found in the Statutory Orders and, with regard to the EC regulations, in the Act 2196/96, Controls on ODS in Bulk (other than methyl bromide) 4.1 Production, import, sale and export of ODS in bulk There are no Danish regulations banning import or sale of ODS, only their use (see below Section 6), or requiring special import permits other than those required under the EC regulations. 4.2 Monitoring import of ODS Monitoring ODS import is based on yearly surveys by consultants which in turn are based on voluntary information from trade associations and importing and using companies and customs statistics. Information on ODS import is compiled by the Danish EPA. Customs statistics are collected by the Danish Statistics Agency. Contact person at the Danish EPA: Kirsten Dørge (see Section 2). 4.3 ODS import from and export to Non-Party Countries There are no national Danish regulations banning import from or export to Non-Party Countries. This matter is regulated only at the EU level. 5 Controls on Import, Export and Sale of Products Containing, Made with or Using ODS 5.1 Regulations applicable to all countries Sale and export of products containing CFCs, halons, carbon tetrachloride, 1,1,1-trichloroethane, HBFCs, HCFCs and methyl bromide have been prohibited since the same dates as stated for the use of these chemicals (see Section 6 and 8). 232

3 Denmark These national rules apply to the extent that they are more stringent than the EC regulations, this is now mainly relevant in relation to HCFCs and sale of products manufactured before the date applicable under the EC regulations (cf. the EU chapter section 5). There are no national bans on import, sale or export of products which are made with or designed for ODS (e.g. dry cleaning machinery), and no requirements for special permits to import such products. This matter is regulated only at the EU level. 5.2 Import from Non-Party Countries There are no Danish regulations on import of ODS products from Non-Party Countries. This matter is regulated at EU level. 6 Controls on the Use of ODS (other than methyl bromide) - End Use Controls The restrictions below relate to commercial use of ODS (e.g. in processes, as solvents, in the manufacturing of products and installation or servicing of refrigeration and air-conditioning equipment, including household equipment). The use of the controlled substances for specified applications has been prohibited in Denmark since the dates stated below, based on the regulations indicated in the tables. Almost all uses of CFCs, halons, 1,1,1-trichloroethane and carbon tetrachloride are now also banned by the EC Regulation 2037/2000 (see the EU Chapter, section 6). 6.1 CFCs (all CFCs) Application Specific use Date Regulation Aerosols as propellant and solvents in the 1 Jan /84, 1, 2, 4, 11 non-industrial uses (excluding food and Annex products and medicines) all uses except medical products 1 Feb /90, Annex:p.1; (delayed prohibition for certain 97/95, 4 polyurethane and solvent aerosols 13 ) 1 Feb Foam blowing agent extruded polystyrene packaging material 1 Feb /90, annex: p. 2 jointing foams; non-packaging 1 Jan /90, annex: p.5, 6 rigid polystyrene foams flexible foams 1 Jan /92, annex insulation of district heating pipes 1 Jan /92, annex: CFC p.8 rigid integral polyurethane (PUR) foam 1 Jan /92, annex: CFC p.1 rigid PUR insulation foams 1 Jan /92, annex: CFC p.9 rigid PUR construction foam 1 Jan /92, annex: CFC p.9 rigid foam wall and roof elements 1 Jan /92, annex: CFC p.10 Refrigerants domestic refrigerators and other refrigerants 1 Jan /92, annex: CFC p. and other refrigeration/air-conditioning 5; 478/94, annex: CFC systems with an effect < 1 kw p. 2 commercial, industrial and other refrigeration /air-conditioning with an effect >1 kw - new equipment 1 Jan /92, annex: CFC p.4 - systems sold or installed 1 Jan /94, annex: CFC p.3 before 1 Jan Solvents mould release agents 1 Jan /92, annex: CFC p.5 dry cleaning - new equipment 1 Feb /92, annex: CFC p.4 - systems installed before 1 Feb Jan /94, annex: CFC p.4 degreasing and cleaning of electronics - new equipment 1 Jan /92, annex: CFC p.6 - equipment installed before 1 Jan July /94,annex: CFC p.2 research, development and laboratory uses 1 Jan /94, annex: CFC p.5 Other uses 1 Jan /90, annex: p.7 13 On aerosols containing jointing foam and insulation polyurethane foam for district heating pipes, see under Foam blowing agent. On aerosols containing mould release agents and cleaning or degreasing agents, see under Solvents. 233

4 Regulations to Control Ozone-Depleting Substances: A Guidebook 6.2 Halons The use of halons, including halon 1211, 1301 and 2402, is prohibited by 1 Jan (909/92, annex: halons p.1). Charging with recovered halons in stationary fire extinguishers installed before 1 Jan was permitted until 1 Jan Portable and stationary halon fire extinguishers had to be dismantled by 1 Jan A voluntary organisation, called the Danish Halon Bank, is set up by the industry to facilitate trade with recovered halon and ultimately take responsibility for destruction of used halons. 6.3 Carbon tetrachloride All use of carbon tetrachloride, except for research, development and laboratory use, was prohibited per 1 Feb (53/92). The use of carbon tetrachloride for research, development and laboratory use is prohibited since 1 Jan (478/94) ,1,1-trichloroethane The use of 1,1,1-trichloroethane has been prohibited since: Application Date Regulation Cosmetic and indoor house-hold aerosols 1 July /84, annex: p.34 mould release agents and adhesives 1 Jan /92, annex: 1,1,1 p. 4,5 rigid integral foams 1 Jan /92, annex: 1,1,1 p.4 PUR insulation foams 1 Jan /92, annex: 1,1,1 p.5 research, development and laboratory uses 1 Jan /94, annex: 1,1,1 p.4 all other products/uses 1 Jan /92, annex: 1,1,1 p HCFCs The use of HCFCs is prohibited from the dates indicated below, based on national and/or earlier EC Regulation. These restrictions are to some extent still more stringent than the EC Regulation, in particular with regard to existing equipment (see the EU Chapter, section 6.2). Application Specific Use or Substance Date Regulation Aerosols HCFCs other than HCFC 22 and 142b 1 July /84, annex: p.7,8 HCFC 22 and 142b 1 Sep /94, annex: HCFC p.1 Foam blowing agents flexible foams > 23 kg/m3 density 1 Sep /94, annex: HCFC p.1 flexible foams < 23 kg/m3 density 1 Jun EC 3093/94, Art. 5 p.1, jointing foams, PUR integral-skin 1 Jun EC 3093/94, Art. 5 p.1, (non-safety), and other rigid PUR non-insulation foams PUR integral-skin safety foams 1 Jan /94, annex: HCFC p.4 rigid PUR insulation foams for 1 Jan /94, annex: HCFC p.5 district heating pipes other rigid XPS and PUR insulation foams 1 Jan /94, annex: HCFC p.9 all other foams, including packaging material 1 Sep /94, annex: HCFC p.1 Refrigerants non-confined systems 1 Jan EC 3093/94, Art. 5 p.2a domestic refrigerators/freezers - new equipment 1 Sep /94, annex: HCFC p.1 - existing equipment 1 Jan /94, annex: HCFC p.10 mobile air-conditioning - new systems a. car air-conditioning and road public transport 1 Jan EC 3093/94,Art. 5 p.2; 974/95 3 and 6 b. rail public transport 1 Jan EC 3093/94, Art. 5 p.3; 974/95 annex: HCFC p.1 - existing equipment 1 Jan /94, annex: HCFC p.10 other confined refrigeration/air-conditioning systems - new systems 1 Jan /94, annex: HCFC p.8 - existing systems 1 Jan /94, annex: HCFC p.10 Solvents and mould release agents 1 Jan EC 3093/94, Art. 2; cf Miscellaneous uses 478/94, annex: HCFC p.6 research, development and laboratory uses 1 Jan /94, annex: HCFC p.11 all other uses (including dry cleaning 1 Sep /94, annex: HCFC p.1 and sterilization) 234

5 Denmark 6.6 HBFCs All uses of HBFCs are prohibited as of 1 Sep (478/944, annex: HBFC) 7 Controls on Service and Installation of Refrigeration and Airconditioning Equipment The Danish regulations do not contain any controls on emissions of ODS refrigerants other than the bans on use of ODS refrigerants after certain dates (see Section 6). This has been regulated to some extent at the EU level with a mission for Member States to establish a system to promote recovery and recycling of controlled substances (see section and 7 of the EU chapter). The Danish EPA has an established cooperation with a trade association, the Refrigeration Installers Association, aimed at promoting reduction of use and emissions of ODS refrigerants. The Danish EPA and the Refrigeration Installers Association have together initiated the establishment of a voluntary industry organisation, the KMO Organisation (Kølebranchens Miljø Ordning) to collect and reclaim or destroy recovered CFC, HCFC and HFC refrigerants. Almost all companies working in the refrigeration industry are members of the organisation. Criteria for membership include possession of equipment for recovery and employment of skilled workforce with approved certificates from specific courses. Only members of the organisation are able to buy refrigerant from the wholesalers. The implementation of the regulations and the voluntary agreement is handled by the Danish EPA. Contact person: Kirsten Dørge, see section 2 No trade associations are engaged in the development or implementation of Codes of Good Practice related to the reduction of ODS refrigerant emissions or use. 8 Controls on Methyl Bromide Methyl bromide has in Denmark been totally banned without any exemption (including quarantine and pre-shipment) since 1. Jan The regulation 974/1995 includes a ban of commercial production, export and sale of methyl bromide as pesticide from 1 January The approval of methyl bromide as a pesticide in Denmark has been withdrawn by the Danish EPA. Consequently, any import, marketing and use of methyl bromide as pesticide is prohibited according to Statutory Order on Pesticides. There has been no registered import or consumption of methyl bromide in Denmark since 1 January Voluntary Agreements The Danish EPA and the Refrigeration Installers Association have together initiated the establishment of a voluntary industry organisation, the KMO Organisation (Kølebranchens Miljø Ordning) (see above section 7). 10 Economic Incentives and Disincentives Special grants were earlier provided to projects to develop or use alternatives to ODS within all sectors of application Denmark has special levies on CFCs and halons (622/94). The Tax Ministry is in charge of the administration of such levies. 11 Labelling Requirements Denmark has neither regulations requiring labelling of ODS and products which do contain or are made with ODS, nor regulations, guidelines or recommendations aimed at encouraging labelling of products or equipment which do not contain ODS, or are made without use of ODS. On the EC Directive, see the EU Chapter, section 9. There are also no requirements for mandatory verification of products which are labelled as not containing or not made with ODS. 235

6 Regulations to Control Ozone-Depleting Substances: A Guidebook 12 Criteria for Selection of Alternatives The statutory order 571/84 regulates specifically which chemicals are allowed in aerosols, including highest allowed concentration. There are no other governmental guidelines or officially established criteria for the selection of acceptable alternatives to ODS. 236

The Montreal Protocol and the Phase-out of CFC-based Metered Dose Inhalers. Paul Krajnik UNIDO, Montreal Protocol Branch

The Montreal Protocol and the Phase-out of CFC-based Metered Dose Inhalers Paul Krajnik UNIDO, Montreal Protocol Branch 1 The Montreal Protocol Binding international agreement for the preservation and