HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 79/4
EN
Official Journal of the European Union
25.3.2011
REGULATIONS
COMMISSION REGULATION (EU) No 291/2011
of 24 March 2011
on essential uses of controlled substances other than hydrochlorofluorocarbons for laboratory and
analytical purposes in the Union under Regulation (EC) No 1005/2009 of the European Parliament
and of the Council on substances that deplete the ozone layer
THE EUROPEAN COMMISSION,
information and Decision XXI/6, a list of those uses for
which technically and economically feasible alternatives
that are acceptable from the standpoint of environment
and health are available should be established.
Having regard to the Treaty on the Functioning of the European
Union,
(4)
A positive list of permitted essential uses of methyl
bromide, as agreed by the Parties in Decision XVIII/15,
Having regard to Regulation (EC) No 1005/2009 of the
as well as the uses which the TEAP has identified to be
European Parliament and of the Council of 16 September
without alternatives should also be established.
2009 on substances that deplete the ozone layer ( 1 ), and in
particular Article 10(2) thereof,
(5) In
addition,
it
should
be
clarified
that
the
use
of
Whereas:
controlled substances for primary and secondary
educational purposes cannot be considered essential
and should be limited to higher education or vocational
training. Furthermore, the use of controlled substances in
(1) The
Union
has
already
phased
out
the
production
and
experimental chemistry kits available to the general
consumption of controlled substances for most uses. The
public should not be considered as essential.
Commission is required to determine essential laboratory
and analytical uses for controlled substances other than
hydrochlorofluorocarbons.
(6) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Committee estab
lished by Article 25(1) of Regulation (EC) No
(2) Decision
XXI/6
of
the
Parties
to
the
Montreal
Protocol
1005/2009,
consolidates existing decisions and extends the global
laboratory and analytical use exemption beyond
31 December 2010 until 31 December 2014 for all
controlled substances except for hydrochlorofluor
ocarbons, thus authorising the production and
HAS ADOPTED THIS REGULATION:
consumption necessary to satisfy essential laboratory
and analytical uses of controlled substances, subject to
the conditions established under the Montreal Protocol.
Article 1
The production, import and use of controlled substances other
(3)
Decision VI/25 of the Parties to the Montreal Protocol
specifies that a use can only be considered as essential if
than hydrochlorofluorocarbons may be permitted for any
there are no available technically and economically
essential laboratory and analytical use specified in the Annex
feasible alternatives or substitutes that are acceptable
to this Regulation.
from the standpoint of environment and health. In its
2010 Progress Report, the Technical and Economical
Assessment Panel (TEAP) has identified a significant
number of procedures for which alternatives to the use
of controlled substances are now available. Based on that
Article 2
This Regulation shall enter into force on the 20th day following
( 1 ) OJ L 286, 31.10.2009, p. 1.
its publication in the Official Journal of the European Union.

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EN
25.3.2011 Official
Journal
of
the
European
Union
L
79/5
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 March 2011.
For the Commission
The President
José Manuel BARROSO

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L 79/6
EN
Official Journal of the European Union
25.3.2011
ANNEX
Essential laboratory and analytical uses of controlled substances other than hydrochlorofluorocarbons
1. The following uses of controlled substances other than hydrochlorofluorocarbons are considered as essential laboratory
and analytical uses:
(a) the use of controlled substances as a reference or standard:
— to calibrate equipment which uses controlled substances,
— to monitor emission levels of controlled substances,
— to determine residue levels of controlled substances in goods, plants and commodities;
(b) the use of controlled substances in laboratory toxicological studies;
(c) laboratory uses in which the controlled substance is transformed in a chemical reaction like controlled substances
used as feedstock;
(d) the use of methyl bromide inside a laboratory to compare the efficacy of methyl bromide and its alternatives;
(e) the use of carbon tetrachloride as a solvent for bromination reactions involving N-bromosuccineimide;
(f) the use of carbon tetrachloride as chain transfer agent in free-radical polymerisation reactions;
(g) any other laboratory and analytical use for which a technically and economically feasible alternative is not
available.
2. The following uses of all controlled substances other than hydrochlorofluorocarbons are not considered as essential
laboratory and analytical uses:
(a) refrigeration and air-conditioning equipment used in laboratories, including refrigerated laboratory equipment
such as ultra-centrifuges;
(b) cleaning, reworking, repair, or rebuilding of electronic components or assemblies;
(c) preservation of publications and archives;
(d) sterilisation of materials in a laboratory;
(e) any use in primary or secondary education;
(f) as
components
in
experimental
chemistry
kits
available
to
the
general
public
and
not
intended
for
use
in
higher
education;
(g) for cleaning or drying purposes, including the removal of grease from glassware and other equipment;
(h) for the determination of hydrocarbons, oils and greases in water, soil, air or waste;
(i) testing
of
tar
in
road
paving
materials;
(j) forensic
finger-printing;
(k) testing of organic matter in coal;
(l) as
a
solvent
in
the
determination
of
cyanocobalamin
(Vitamin
B12)
and
bromine
index;
(m) in methods that use the selective solubility in the controlled substance, including the determination of casca
rosides, thyroid extracts, and the formation of picrates;
(n) to preconcentrate analytes in chromatographic methods (e.g. high performance liquid chromatography (HPLC), gas
chromatography (GC) adsorption chromatography), atomic absorption spectroscopy (AAS), inductively coupled
plasma spectroscopy (ICP), X-ray fluorescence analysis;
(o) for the determination of iodine index in fats and oils;
(p) any other laboratory and analytical use for which a technically and economically feasible alternative is available.

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