# C_2008114EN.01001501.xml

| 9.5.2008 | EN | Official Journal of the European Union | C 114/15 |
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9.5.2008

EN

Official Journal of the European Union

C 114/15

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Notice to importers in the European Union that propose to import in 2009 controlled substances that deplete the ozone layer under Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer

(2008/C 114/11)

| I. | This Notice is addressed to undertakings that intend to import the following substances into the European Community from sources outside the European Community from 1 January 2009 to 31 December 2009:






  Group I: | CFC 11, 12, 113, 114 or 115 |
| --- | --- | --- |
| Group II: | other fully halogenated CFCs |
| Group III: | halon 1211, 1301 or 2402 |
| Group IV: | carbon tetrachloride |
| Group V: | 1,1,1-trichloroethane |
| Group VI: | methyl bromide |
| Group VII: | hydrobromofluorocarbons |
| Group VIII: | hydrochlorofluorocarbons |
| Group IX: | bromochloromethane |

I.

This Notice is addressed to undertakings that intend to import the following substances into the European Community from sources outside the European Community from 1 January 2009 to 31 December 2009:

Group I:

CFC 11, 12, 113, 114 or 115

Group II:

other fully halogenated CFCs

Group III:

halon 1211, 1301 or 2402

Group IV:

carbon tetrachloride

Group V:

1,1,1-trichloroethane

Group VI:

methyl bromide

Group VII:

hydrobromofluorocarbons

Group VIII:

hydrochlorofluorocarbons

Group IX:

bromochloromethane

| II. | Article 7 of Regulation (EC) No 2037/2000 of the European Parliament and of the Council (1) requires that quantitative limits are determined and quotas allocated to importers (including producers that import controlled substances) for 1 January 2009 to 31 December 2009 in accordance with the procedure referred to in Article 18(2) for the import of the substances listed under Groups I to IX of Annex I to this Notice (2).
  Quotas shall be allocated for:






  (a) | methyl bromide for Quarantine and Pre-Shipment (QPS) uses as defined by the Parties to the Montreal Protocol and Article 4(2)(iii) of the Regulation; |
| --- | --- | --- |

II.

Article 7 of Regulation (EC) No 2037/2000 of the European Parliament and of the Council (1) requires that quantitative limits are determined and quotas allocated to importers (including producers that import controlled substances) for 1 January 2009 to 31 December 2009 in accordance with the procedure referred to in Article 18(2) for the import of the substances listed under Groups I to IX of Annex I to this Notice (2).

1

2

Quotas shall be allocated for:

(a)

methyl bromide for Quarantine and Pre-Shipment (QPS) uses as defined by the Parties to the Montreal Protocol and Article 4(2)(iii) of the Regulation;

methyl bromide for Quarantine and Pre-Shipment (QPS)

| (b) | hydrochlorofluorocarbons (HCFCs); |
| --- | --- |

(b)

hydrochlorofluorocarbons (HCFCs);

hydrochlorofluorocarbons (HCFCs)

| (c) | essential uses in accordance with the criteria set out in Decision IV/25 of the Parties to the Montreal Protocol and Article 3(1) of the Regulation; and as approved by the Commission. A separate notice regarding Essential Uses has been published; |
| --- | --- |

(c)

essential uses in accordance with the criteria set out in Decision IV/25 of the Parties to the Montreal Protocol and Article 3(1) of the Regulation; and as approved by the Commission. A separate notice regarding Essential Uses has been published;

essential uses

| (d) | feedstock uses, as controlled substances undergoing a chemical transformation in a process in which it is entirely converted from its original composition and whose emissions are insignificant; |
| --- | --- |

(d)

feedstock uses, as controlled substances undergoing a chemical transformation in a process in which it is entirely converted from its original composition and whose emissions are insignificant;

feedstock uses

| (e) | process agents, as controlled substances used as chemical processing agents in those applications listed in Annex VI of the Regulation, in existing installations, and where emissions are insignificant; |
| --- | --- |

(e)

process agents, as controlled substances used as chemical processing agents in those applications listed in Annex VI of the Regulation, in existing installations, and where emissions are insignificant;

process agents

| (f) | destruction, as controlled substances that are to be destroyed by a technology approved by the Parties to the Montreal Protocol which results in the permanent transformation, or decomposition of all or a significant portion of the substance. |
| --- | --- |

(f)

destruction, as controlled substances that are to be destroyed by a technology approved by the Parties to the Montreal Protocol which results in the permanent transformation, or decomposition of all or a significant portion of the substance.

destruction

The quantitative limit, which importers may place on the market and/or use for their own account within the European Community in 2009, will be calculated:

| — | for methyl bromide for QPS use according to Article 4(2)(iii), |
| --- | --- |

—

for methyl bromide for QPS use according to Article 4(2)(iii),

| — | for HCFCs according to Article 4(3)(i). |
| --- | --- |

—

for HCFCs according to Article 4(3)(i).

| III. | Undertakings engaged in the importation of HCFCs can be either (3):






  — | importers in the EU-15 (4) and Bulgaria and Romania who imported in 1999 and importers in the EU-10 (5) who imported in 2002 or 2003 and who wish to place HCFCs on the European Community market and who are not engaged in the production of HCFCs, |
| --- | --- | --- |

III.

Undertakings engaged in the importation of HCFCs can be either (3):

3

—

importers in the EU-15 (4) and Bulgaria and Romania who imported in 1999 and importers in the EU-10 (5) who imported in 2002 or 2003 and who wish to place HCFCs on the European Community market and who are not engaged in the production of HCFCs,

importers

4

5

| — | producers in the EU-15 and Bulgaria and Romania who imported in 1999 and for the EU-10 who imported in 2002 or 2003 on their own account additional HCFCs to place on the European Community market. |
| --- | --- |

—

producers in the EU-15 and Bulgaria and Romania who imported in 1999 and for the EU-10 who imported in 2002 or 2003 on their own account additional HCFCs to place on the European Community market.

producers

| IV. | The quantities imported from 1 January 2009 to 31 December 2009 are subject to import licences. In accordance with Article 6 of the Regulation, undertakings may import the controlled substances only if they are in possession of an import licence issued by the Commission. |
| --- | --- |

IV.

The quantities imported from 1 January 2009 to 31 December 2009 are subject to import licences. In accordance with Article 6 of the Regulation, undertakings may import the controlled substances only if they are in possession of an import licence issued by the Commission.

| V. | For the purposes of the Regulation, quantities of substances are measured according to their Ozone Depleting Potential (6). |
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V.

For the purposes of the Regulation, quantities of substances are measured according to their Ozone Depleting Potential (6).

6

| VI. | The Commission hereby gives notice to an undertaking that is not in possession of a quota for 2008 and who wishes to apply to the Commission for an import quota from 1 January 2009 to 31 December 2009, to notify the Commission thereof no later than 1 July 2008 by submitting the registration form available online at:
  http://ec.europa.eu/environment/ozone/ods.htm
  Following their registration in the ODS-database they also need to follow the procedure described in VII. |
| --- | --- |

VI.

The Commission hereby gives notice to an undertaking that is not in possession of a quota for 2008 and who wishes to apply to the Commission for an import quota from 1 January 2009 to 31 December 2009, to notify the Commission thereof no later than 1 July 2008 by submitting the registration form available online at:

1 July 2008

http://ec.europa.eu/environment/ozone/ods.htm

Following their registration in the ODS-database they also need to follow the procedure described in VII.

| VII. | Undertakings that received a quota in 2008 should make a declaration by completing and submitting the relevant import declaration form online via the ODS-database available at: http://ec.europa.eu/environment/ozone/ods.htm. In addition to the online submission a signed copy of the import declaration form needs to be sent to the Commission:





  European Commission |
| --- | --- |
| Directorate-General Environment |
| Unit ENV.C.4 — Industrial Emissions and Protection of the ozone layer |
| BU-5 2/053 |
| B-1049 Brussels |
| Fax (32-2) 292 06 92 |
| E-mail: env-ods@ec.europa.eu |

VII.

Undertakings that received a quota in 2008 should make a declaration by completing and submitting the relevant import declaration form online via the ODS-database available at: http://ec.europa.eu/environment/ozone/ods.htm. In addition to the online submission a signed copy of the import declaration form needs to be sent to the Commission:

European Commission

Directorate-General Environment

Unit ENV.C.4 — Industrial Emissions and Protection of the ozone layer

BU-5 2/053

B-1049 Brussels

Fax (32-2) 292 06 92

E-mail: env-ods@ec.europa.eu

A copy of the application should also be sent to the competent authority of the Member State. A list of contact points in all Member States is available online at:

http://ec.europa.eu/environment/ozone/ods_export.htm

| VIII. | Only applications received by 1 August 2008 will be considered by the Commission. Import quotas will be allocated for each importer in consultation with the Management Committee following the procedures specified under Article 18 of the Regulation. The allocated quota will be available in the ODS-database: http://ec.europa.eu/environment/ozone/ods.htm and all applicants will have the Decision notified by post. The submission of an import declaration and the allocation of a quota by itself do not give any right to perform imports. |
| --- | --- |

VIII.

Only applications received by 1 August 2008 will be considered by the Commission. Import quotas will be allocated for each importer in consultation with the Management Committee following the procedures specified under Article 18 of the Regulation. The allocated quota will be available in the ODS-database: http://ec.europa.eu/environment/ozone/ods.htm and all applicants will have the Decision notified by post. The submission of an import declaration and the allocation of a quota by itself do not give any right to perform imports.

1 August 2008

| IX. | In order to import controlled substances in 2009, undertakings in receipt of a quota must apply to the Commission via the ODS-database for an import licence using the online import licence application form. Provided the Commission services are satisfied that the request is in accordance with the quota authorised and conforms to the requirements of Regulation (EC) No 2037/2000, an import licence will be issued. The Commission reserves the right to withhold an import licence when the substance to be imported is not as described or may not be used for the purposes authorised or cannot be imported in compliance with the Regulation. |
| --- | --- |

IX.

In order to import controlled substances in 2009, undertakings in receipt of a quota must apply to the Commission via the ODS-database for an import licence using the online import licence application form. Provided the Commission services are satisfied that the request is in accordance with the quota authorised and conforms to the requirements of Regulation (EC) No 2037/2000, an import licence will be issued. The Commission reserves the right to withhold an import licence when the substance to be imported is not as described or may not be used for the purposes authorised or cannot be imported in compliance with the Regulation.

| X. | Undertakings importing recovered or reclaimed substances, if any, are required to submit additional information with each licence application regarding the source and destination of the substance, and the processing to be undertaken. A certificate of analysis may also be requested. Only undertakings having destruction facilities using a technology approved by the Parties to the Montreal Protocol may be allocated an import quota for destruction. |
| --- | --- |

X.

Undertakings importing recovered or reclaimed substances, if any, are required to submit additional information with each licence application regarding the source and destination of the substance, and the processing to be undertaken. A certificate of analysis may also be requested. Only undertakings having destruction facilities using a technology approved by the Parties to the Montreal Protocol may be allocated an import quota for destruction.

| XI. | More information on imports of ODS is available online at:
  http://ec.europa.eu/environment/ozone/ods_import.htm |
| --- | --- |

XI.

More information on imports of ODS is available online at:

http://ec.europa.eu/environment/ozone/ods_import.htm

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(1)  OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Commission Decision 2007/540/EC (OJ L 198, 31.7.2007, p. 35).

1

(2)  Controlled substances or mixtures which are imported in a manufactured product (other than a container used for the transport or storage of the substance) are excluded from the scope of this notice.

2

(3)  The mechanism for allocating HCFC quotas to producers and importers is set out in Commission Decision 2007/195/EC (OJ L 88, 29.3.2007, p. 51).

3

(4)  EU-15 are the Member States of the European Union before 1 May 2004: Belgium, Denmark, Germany, Greece, Spain, France, Ireland, Italy, Luxembourg, Netherlands, Austria, Portugal, Finland, Sweden, United Kingdom.

4

(5)  EU-10 are the Member States of the European Union that acceded on 1 May 2004: Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia.

5

(6)  For mixtures: only the quantity of the controlled substances in the mixture should be included in the ODP quantity. 1,1,1-trichloroethane is always put on the market with stabilisers. Importers should establish from their supplier what is the percentage of stabiliser to be deducted before calculating the ODP-weighted tonnage.

6

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ANNEX I

Substances covered

| Group | Substances | Ozone-depleting Potential (1) |
| --- | --- | --- |
| Group I | CFCl3 | (CFC 11) | 1,0 |
| CF2Cl2 | (CFC 12) | 1,0 |
| C2F3Cl3 | (CFC 113) | 0,8 |
| C2F4Cl2 | (CFC 114) | 1,0 |
| C2F5Cl | (CFC 115) | 0,6 |
| Group II | CF3Cl | (CFC 13) | 1,0 |
| C2FCl5 | (CFC 111) | 1,0 |
| C2F2Cl4 | (CFC 112) | 1,0 |
| C3FCl7 | (CFC 211) | 1,0 |
| C3F2Cl6 | (CFC 212) | 1,0 |
| C3F3Cl5 | (CFC 213) | 1,0 |
| C3F4Cl4 | (CFC 214) | 1,0 |
| C3F5Cl3 | (CFC 215) | 1,0 |
| C3F6Cl2 | (CFC 216) | 1,0 |
| C3F7Cl | (CFC 217) | 1,0 |
| Group III | CF2BrCl | (halon 1211) | 3,0 |
| CF3Br | (halon 1301) | 10,0 |
| C2F4Br2 | (halon 2402) | 6,0 |
| Group IV | CCl4 | (carbon tetrachloride) | 1,1 |
| Group V | C2H3Cl3
   (2) | (1,1,1-trichloroethane) | 0,1 |
| Group VI | CH3Br | (methyl bromide) | 0,6 |
| Group VII | CHFBr2 | | 1,00 |
| CHF2Br | | 0,74 |
| CH2FBr | | 0,73 |
| C2HFBr4 | | 0,8 |
| C2HF2Br3 | | 1,8 |
| C2HF3Br2 | | 1,6 |
| C2HF4Br | | 1,2 |
| C2H2FBr3 | | 1,1 |
| C2H2F2Br2 | | 1,5 |
| C2H2F3Br | | 1,6 |
| C2H3FBr2 | | 1,7 |
| C2H3F2Br | | 1,1 |
| C2H4FBr | | 0,1 |
| C3HFBr6 | | 1,5 |
| C3HF2Br5 | | 1,9 |
| C3HF3Br4 | | 1,8 |
| C3HF4Br3 | | 2,2 |
| C3HF5Br2 | | 2,0 |
| C3HF6Br | | 3,3 |
| C3H2FBr5 | | 1,9 |
| C3H2F2Br4 | | 2,1 |
| C3H2F3Br3 | | 5,6 |
| C3H2F4Br2 | | 7,5 |
| C3H2F5Br | | 1,4 |
| C3H3FBr4 | | 1,9 |
| C3H3F2Br3 | | 3,1 |
| C3H3F3Br2 | | 2,5 |
| C3H3F4Br | | 4,4 |
| C3H4FBr3 | | 0,3 |
| C3H4F2Br2 | | 1,0 |
| C3H4F3Br | | 0,8 |
| C3H5FBr2 | | 0,4 |
| C3H5F2Br | | 0,8 |
| C3H6FBr | | 0,7 |
| Group VIII | CHFCl2 | (HCFC 21) (3) | 0,040 |
| CHF2Cl | (HCFC 22) (3) | 0,055 |
| CH2FCl | (HCFC 31) | 0,020 |
| C2HFCl4 | (HCFC 121) | 0,040 |
| C2HF2Cl3 | (HCFC 122) | 0,080 |
| C2HF3Cl2 | (HCFC 123) (3) | 0,020 |
| C2HF4Cl | (HCFC 124) (3) | 0,022 |
| C2H2FCl3 | (HCFC 131) | 0,050 |
| C2H2F2Cl2 | (HCFC 132) | 0,050 |
| C2H2F3Cl | (HCFC 133) | 0,060 |
| C2H3FCl2 | (HCFC 141) | 0,070 |
| CH3CFCl2 | (HCFC 141b) (3) | 0,110 |
| C2H3F2Cl | (HCFC 142) | 0,070 |
| CH3CF2Cl | (HCFC 142b) (3) | 0,065 |
| C2H4FCl | (HCFC 151) | 0,005 |
| C3HFCl6 | (HCFC 221) | 0,070 |
| C3HF2Cl5 | (HCFC 222) | 0,090 |
| C3HF3Cl4 | (HCFC 223) | 0,080 |
| C3HF4Cl3 | (HCFC 224) | 0,090 |
| C3HF5Cl2 | (HCFC 225) | 0,070 |
| CF3CF2CHCl2 | (HCFC 225ca) (3) | 0,025 |
| CF2ClCF2CHClF | (HCFC 225cb) (3) | 0,033 |
| C3HF6Cl | (HCFC 226) | 0,100 |
| C3H2FCl5 | (HCFC 231) | 0,090 |
| C3H2F2Cl4 | (HCFC 232) | 0,100 |
| C3H2F3Cl3 | (HCFC 233) | 0,230 |
| C3H2F4Cl2 | (HCFC 234) | 0,280 |
| C3H2F5Cl | (HCFC 235) | 0,520 |
| C3H3FCl4 | (HCFC 241) | 0,090 |
| C3H3F2Cl3 | (HCFC 242) | 0,130 |
| C3H3F3Cl2 | (HCFC 243) | 0,120 |
| C3H3F4Cl | (HCFC 244) | 0,140 |
| C3H4FCl3 | (HCFC 251) | 0,010 |
| C3H4F2Cl2 | (HCFC 252) | 0,040 |
| C3H4F3Cl | (HCFC 253) | 0,030 |
| C3H5FCl2 | (HCFC 261) | 0,020 |
| C3H5F2Cl | (HCFC 262) | 0,020 |
| C3H6FCl | (HCFC 271) | 0,030 |
| Group IX | CH2BrCl | Halon 1011/bromochloromethane | 0,120 |

Group

Substances

Ozone-depleting Potential (1)

Group I

CFCl3

(CFC 11)

1,0

CF2Cl2

(CFC 12)

1,0

C2F3Cl3

(CFC 113)

0,8

C2F4Cl2

(CFC 114)

1,0

C2F5Cl

(CFC 115)

0,6

Group II

CF3Cl

(CFC 13)

1,0

C2FCl5

(CFC 111)

1,0

C2F2Cl4

(CFC 112)

1,0

C3FCl7

(CFC 211)

1,0

C3F2Cl6

(CFC 212)

1,0

C3F3Cl5

(CFC 213)

1,0

C3F4Cl4

(CFC 214)

1,0

C3F5Cl3

(CFC 215)

1,0

C3F6Cl2

(CFC 216)

1,0

C3F7Cl

(CFC 217)

1,0

Group III

CF2BrCl

(halon 1211)

3,0

CF3Br

(halon 1301)

10,0

C2F4Br2

(halon 2402)

6,0

Group IV

CCl4

(carbon tetrachloride)

1,1

Group V

C2H3Cl3
   (2)

(1,1,1-trichloroethane)

0,1

Group VI

CH3Br

(methyl bromide)

0,6

Group VII

CHFBr2

1,00

CHF2Br

0,74

CH2FBr

0,73

C2HFBr4

0,8

C2HF2Br3

1,8

C2HF3Br2

1,6

C2HF4Br

1,2

C2H2FBr3

1,1

C2H2F2Br2

1,5

C2H2F3Br

1,6

C2H3FBr2

1,7

C2H3F2Br

1,1

C2H4FBr

0,1

C3HFBr6

1,5

C3HF2Br5

1,9

C3HF3Br4

1,8

C3HF4Br3

2,2

C3HF5Br2

2,0

C3HF6Br

3,3

C3H2FBr5

1,9

C3H2F2Br4

2,1

C3H2F3Br3

5,6

C3H2F4Br2

7,5

C3H2F5Br

1,4

C3H3FBr4

1,9

C3H3F2Br3

3,1

C3H3F3Br2

2,5

C3H3F4Br

4,4

C3H4FBr3

0,3

C3H4F2Br2

1,0

C3H4F3Br

0,8

C3H5FBr2

0,4

C3H5F2Br

0,8

C3H6FBr

0,7

Group VIII

CHFCl2

(HCFC 21) (3)

0,040

CHF2Cl

(HCFC 22) (3)

0,055

CH2FCl

(HCFC 31)

0,020

C2HFCl4

(HCFC 121)

0,040

C2HF2Cl3

(HCFC 122)

0,080

C2HF3Cl2

(HCFC 123) (3)

0,020

C2HF4Cl

(HCFC 124) (3)

0,022

C2H2FCl3

(HCFC 131)

0,050

C2H2F2Cl2

(HCFC 132)

0,050

C2H2F3Cl

(HCFC 133)

0,060

C2H3FCl2

(HCFC 141)

0,070

CH3CFCl2

(HCFC 141b) (3)

0,110

C2H3F2Cl

(HCFC 142)

0,070

CH3CF2Cl

(HCFC 142b) (3)

0,065

C2H4FCl

(HCFC 151)

0,005

C3HFCl6

(HCFC 221)

0,070

C3HF2Cl5

(HCFC 222)

0,090

C3HF3Cl4

(HCFC 223)

0,080

C3HF4Cl3

(HCFC 224)

0,090

C3HF5Cl2

(HCFC 225)

0,070

CF3CF2CHCl2

(HCFC 225ca) (3)

0,025

CF2ClCF2CHClF

(HCFC 225cb) (3)

0,033

C3HF6Cl

(HCFC 226)

0,100

C3H2FCl5

(HCFC 231)

0,090

C3H2F2Cl4

(HCFC 232)

0,100

C3H2F3Cl3

(HCFC 233)

0,230

C3H2F4Cl2

(HCFC 234)

0,280

C3H2F5Cl

(HCFC 235)

0,520

C3H3FCl4

(HCFC 241)

0,090

C3H3F2Cl3

(HCFC 242)

0,130

C3H3F3Cl2

(HCFC 243)

0,120

C3H3F4Cl

(HCFC 244)

0,140

C3H4FCl3

(HCFC 251)

0,010

C3H4F2Cl2

(HCFC 252)

0,040

C3H4F3Cl

(HCFC 253)

0,030

C3H5FCl2

(HCFC 261)

0,020

C3H5F2Cl

(HCFC 262)

0,020

C3H6FCl

(HCFC 271)

0,030

Group IX

CH2BrCl

Halon 1011/bromochloromethane

0,120

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(1)  These ozone-depleting potentials are estimates based on existing knowledge and will be reviewed and revised periodically in the light of decisions taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer.

(2)  This formula does not refer to 1,1,2-trichloroethane.

(3)  Identifies the most commercially-viable substance as prescribed in the Protocol.

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