L 218)2 Official Journal of the European Union 19.8.2010 REGULATIONS COMMISSION REGULATION (EU) No 744/2010 of 18 August 2010 amending Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, with regard to the critical uses of halons (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer ('), and in particular Article 13(2) thereof, Whereas: O] 0] Halon 1301, halon 1211 and halon 2402 (hereinafter referred to as ‘halons) are ozone-depleting substances listed as controlled substances in Group Il of Annex I to Regulation (EC) No 1005/2009. Their production in Member States has been banned since 1994, in line with the requirements of the Montreal Protocol. Their use, however, continues to be permitted for certain critical uses as set out in Annex VI to Regulation (EC) No 1005/2009. As required by Article 4(4)(iv) of Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (3), the Commission has reviewed Annex VII to that Regulation. To this effect, it has evaluated the current uses of halons and the availability and implementation of technically and economically feasible alternatives or technologies that are acceptable from the standpoint of environment and health (here- inafter referred to as ‘alternatives). In the meantime, Regulation (EC) No 2037/2000 has been replaced by Regulation (EC) No 1005/2009, Annex VII to Regulation (EC) No 2037/2000 becoming Annex VI to Regulation (EC) No 1005/2009, without any change. The review has shown some discrepancies between Member States in the interpretation of which uses of halons constitute critical uses as described in Annex VI L 286, 31.10.2009, p. 1. L 244, 29.9.2000, p. 1. to Regulation (EC) No 1005/2009. Each halon appli- cation should therefore be described in more detail, spec- ifying the category of equipment or facility, the purpose of the application, the type of halon extinguisher and the type of halon. The review has also shown that, with few exceptions, halons are no longer necessary to meet fire protection needs in new designs of equipment and new facilities and that alternatives are now routinely being installed. However, halon extinguishers and fire protection systems continue to be necessary in some equipment that is, or will be, produced to existing designs. The review has also shown that halons are being replaced or could be replaced by alternatives over time and at a reasonable cost for a majority of fire protection appli- cations, whether incorporated in existing equipment and existing facilities or in equipment being produced to existing designs. It is therefore appropriate, in the light of the increased availability and implementation of alternatives, to establish, for each application, cut-off dates after which the use of halons for new equipment and new facilities would not be a critical use and the installation of a halon extinguisher or fire protection system would therefore not be permitted. Due account should be taken, in defining ‘new equipment’ and ‘new facilities’, of the stage in the equipment's and the facilities' lifecycle at which the design of the space requiring fire protection is effectively fixed. It is also appropriate to establish, for each application, end dates after which the use of halons for fire extin- guishers or fire protection systems in all equipment and facilities, whether in existing equipment and existing facilities or in equipment that is, or will be, produced to existing designs, would cease to be a critical use. Use of halons would therefore not be permitted and all halon fire extinguishers and fire protection systems should be replaced, converted or decommissioned by the end date, in accordance with Article 13(3) of Regulation (EC) No 1005/20009.