Article 10 Emergency use of methyl bromide

1.   In the case of an emergency, where unexpected outbreaks of particular pests or diseases so require, the Commission may, at the request of the competent authority of a Member State, by means of implementing acts, and upon notification to the Ozone Secretariat in accordance with Decision IX/7 of the Parties to the Protocol, authorise the temporary production, placing on the market, and use of methyl bromide, provided that the placing on the market and use of methyl bromide are allowed respectively under Regulations (EC) No 1107/2009 and (EU) No 528/2012. Any unused quantities of methyl bromide shall be destroyed.

2.   The implementing acts referred to in paragraph 1 of this Article shall specify measures to be taken to reduce emissions of methyl bromide during use and apply for a period not exceeding 120 days and to a quantity not exceeding 20 metric tonnes of methyl bromide. The Commission shall include in those implementing acts reporting requirements and shall require the submission of supporting evidence necessary for monitoring the use of methyl bromide, including evidence on the destruction of the substance following the end of the derogation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).