COMMISSION DECISION of 5 February 1992 allocating import quotas for halons, carbon tetrachloride, 1,1,1-trichloroethane and other fully halogenated chlorofluorocarbons than 11, 12, 113, 114 and 115 for the period 1 January to 31 December 1992 (92/94/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 594/91 of 4 March 1991 on substances that deplete the ozone layer (1),
Whereas Article 3 of Regulation (EEC) No 594/91 states that the release into free circulation of halons, carbon tetrachloride, 1,1,1-trichloroethane and other fully halogenated chlorofluorocarbons than 11, 12, 113, 114 and 115 imported into the Community from third countries is to be subject to quantitative limits and that these quantitative limits may be modified;
Whereas a sufficient supply of carbon tetrachloride cannot be ensured in 1992 after the closure of a plant producing this substance in the Community;
Whereas the import into the Community of halons from third countries not Parties to the Protocol is prohibited in accordance with Article 5 of the aforesaid Regulation;
Whereas the Commission has published a notice to importers in the European Community of controlled substances that deplete the ozone layer (2) regarding the same Regulation and has thereby received applications for import quotas;
Whereas the applications for the import quotas of halons, carbon tetrachloride, 1,1,1-trichloroethane and other fully halogenated chlorofluorocarbons than 11, 12, 113, 114 and 115 exceed the import quotas available for each group of substances by 510 %, 160 %, 95 % and 190 % respectively;
Whereas the Commission consequently cannot fully satisfy the applications and has to allocate import quotas to the applicants, taking primarily their individual background in importing the respective substances and the amounts applied for into consideration;
Whereas some companies which have applied for an important import quota for 1992 did not import any of these substances before, while others imported large quantities of substances in the reference year and/or in the following years;
Whereas the applications from some companies substantially exceed the quantities imported by them in the previous years, sometimes by as much as 1 000 % and more;
Whereas the allocations of the individual quotas to the applicants must be based on the principles of continuity, equality and proportionality;
Whereas Article 12 of the same Regulation sets out the procedure according to which decisions can be taken concerning the implementation of the Regulation;
Whereas the measures provided for in this Decision are in accordance with the opinion of the committee referred to in Article 12 of the same Regulation,
HAS DECIDED AS FOLLOWS:
Article 1
The amount of carbon tetrachloride which may be released into free circulation in the European Community in 1992 and which is imported from sources outside the Community shall be increased by 8,162 ODP-weighted tonnes.
Article 2
The allocation of import quotas for halons, carbon tetrachloride, 1,1,1-trichloroethane and other fully halogenated chlorofluorocarbons than 11, 12, 113, 114 and 115 controlled by the Regulation (EEC) No 594/91 and indicated in the Groups II to V of Annex 1 thereto during the period 1 January to 31 December 1992 shall be as indicated in the Annex hereto. Done at Brussels, 5 February 1992.