THE MINISTER FOR THE ENVIRONMENT AND THE TERRITORY in concert with THE MINISTER OF ACTIVITIES 'PRODUCTION Having regard to Law 28 December 1993 n. 549, so 'as amended by Law 16 June 1997 n. 179 on measures to protect the ozone layer; Having regard in particular art. 3, paragraph 3, first paragraph of the Law, which provides that the timing and mode 'for the ceasing of the substances listed in Table A and B of the said law are established by decree of the Minister of the Environment the territory in concert with the Minister of activities' production, art. 6, paragraph 1, which prohibits the release to the environment of the harmful substances and requires all holders of giving, among other things, the dangerous substances to authorized collection centers, as well as' art. 6, paragraph 5, of the above Act which provides that the Ministry of Environment and Protection of the territory in concert with the Ministry of activity 'productive, Commerce and Handicrafts promotes the conclusion of program agreements with companies that produce, use, they enter the consumption and recover depleting substances; Given the Ministerial Decree of 26 March 1996 the Minister of Environment and Protection of Land "Implementation of the Law Decree 10 February 1996, n. 56, on substances that deplete the stratospheric ozone layer", published in the Official Gazette no. 82 of 6 April 1996; Given the Ministerial Decree of 10 March 1999 the Minister of Environment and Protection of Land "Extension of time limits for the disposal of halon gas", published in the Official Gazette no. 100 of 30 April 1999; Given the decisions X / 7 and X / 16 adopted in Cairo November 24, 1998 by the tenth Conference of the Parties to the Montreal Protocol, according to which, by 2000, the signatory countries are to establish a national strategy for the disposal of halon and must consider in an integrated manner the programs for the protection of the stratospheric ozone layer and the prevention of climate change; Having regard to Decision XI / 16 adopted in Beijing December 3, 1999 by the eleventh Conference of the Parties to the Montreal Protocol, according to which the signatory industrialized countries have to submit, by 2001, a national strategy for the recovery, recycling and destruction of chlorofluorocarbons from equipment and products; Having regard to Regulation (EC) No. 2037/2000 on substances that deplete the ozone layer; Given the need 'to provide urgently to regulate the recovery and destruction of chlorofluorocarbons used in refrigeration and air-conditioning; Considering that Italy intends to promote the termination of employment of halons, in accordance 'with the aforementioned decisions; Considering that Italy intends to pursue the objectives for the ozone layer protection and global climate in a coordinated manner, in accordance with art. 130T of the Treaty of Rome; Since, however, constitutes a general principle of Community law and national law to proportionality 'of the administrative action, expressly reaffirmed the principle art. 21 of Regulation (EC) No. 2037/2000; therefore it considered that it appears necessary to require the prohibition of the use of hydrochlorofluorocarbons in fire protection sector since the expiration date set by art. 3, paragraph 3, of the law 28 December 1993 n. 549, as amended by Law 16 June 1997 n. 179, on the basis of the aforementioned principle of proportionality '; Decrees: Art. 1. For the purposes of this Decree shall apply: a) "halons" means the controlled substances depleting the ozone layer listed in Table A, Group II attached to the law of 28 December 1993, n. 549 as well as' those in Annex I, Group III of Regulation (EC) No. 2037/2000; b) "chlorofluorocarbons" means the controlled substances depleting the ozone layer listed in Table A, Group I annexed to Law 28 December 1993 n. 549 as well as' those in Annex I, Group I and II of Regulation (EC) No. 2037/2000; c) "hydrochlorofluorocarbons" means the controlled substances depleting the ozone layer listed in Table B, Group I annexed to Law 28 December 1993 n. 549 as well as' those in Annex I of Regulation (EC Group VIII) n. 2037/2000;
d) "potential depletion of the ozone layer - ODP" means the figure specified in the third column of Annex I to Regulation (EC) No. 2037/2000, representing the potential effect of each controlled substance on the stratospheric ozone layer; e) "greenhouse index - GWP horizon 100 years", the value specified in the fifth column of Table 10.8 of the Scientific Assessment of Ozone Depletion: 1998, expressing the effect of each controlled substance on global warming; f) "index of permanence in the atmosphere - ALT", the value specified in the third column of Table 10.8 of the Scientific Assessment of Ozone Depletion: 1998, expressing the life time in the atmosphere of each controlled substance; g) "use" means the use of halons, chlorofluorocarbons and hydrochlorofluorocarbons in maintenance, in particular refilling, of equipment and firefighting equipment, refrigeration and air-conditioning; h) "recovery" means the collection and storage of controlled substances vessels during servicing or before dismantling of the facilities; i) "recycling" means the reuse of a recovered controlled substance following operation of a basic cleaning process such as filtering and drying; j) "reclamation" means the processing and upgrading of a recovered controlled substance through such processes as filtering, drying, distillation and chemical treatment in order to restore the substance to certain features of functionality '; k) "destruction", permanent transformation, or decomposition of all or a significant portion of controlled substance by a technology approved by the Parties to the Montreal Protocol on substances that deplete the ozone layer; l) "competent Ministries", the Ministry of Environment and Protection of Natural Resources and the Ministry of activity 'productive.