COMMISSION DECISION of 4 February 1994 allocating import quotas for the fully halogenated chlorofluorocarbons 11, 12, 113, 114 and 115, the other fully halogenated chlorofluorcarbons, halons, carbon tetrachloride and 1,1,1-trichloroethane for the period 1 January to 31 December 1994 (94/84/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 594/91 of 4 March 1991 on stubstances that deplete the ozone layer (1), as amended by Regulation (EEC) No 3952/92 (2),
Whereas Article 3 (1) of Regulation (EEC) No 594/91 states that the release into free circulation of the chlorofluorocarbons 11, 12, 113, 114 and 115, the other fully halogenated chlorofluorcarbons, halons carbon tetrachloride and 1,1,1-trichloroethane imported into the Community from third countries is to be subject to quantitative limits and that these quantitative limits may be modified pursuant to Article 3 (3);
Whereas any increase of these quantitative limits may not lead to a Community consumption of controlled substances beyond the quantitative limits established according to the Montreal Protcol on substances that deplete the ozone layer;
Whereas the amounts of substances resulting from the increase of these quantitative limits are allocated to applicants intending to import used or recycled substances, or substances to be used as a feedstock for the production of other substances, which does not cause any additional harm to the environment;
Whereas the release into free circulation in the Community of the aforesaid substances import from non-Parties to the Montral Protocol is prohibited in accordance with Article 5 of the aforesaid Regulation;
Whereas the Commission is required pursuant to Article 3 (2) of Regulation (EEC) No 594/91, in accordance with the procedure set out in Article 12, to allocate quotas to undertakings that request import quotas;
Whereas the Commission has published a notice to importers in the European Community of controlled substances that deplete the ozone layer (3), regarding the same Regulation and has thereby received applications for import quotas;
Whereas the applications for the import quotas of the chlorofluorcarbons 11, 12, 113, 114 and 115, the other fully halogenated chlorofluorocabons, carbon tetrachloride, and 1,1,1-trichloroethane exceed the import quotas available for allocation under
Article 3
(2) as amended, by 7 145 %, 1 128 %, 11 134 % and 501 % respectively;
Whereas the Commission consequently cannot fully satisfy the applications and has to allocate import quotas to the applicants, taking primarily the different environmental impact of the potential imports, the individual background of the applicants in importing the respective substances and the amounts applied for into consideration;
Whereas imports of virgin substances and of substances for possible dispersive uses are potentially more harmful to the environment than imports of used or recycled substances and of substances to be used as a feedstock for the production of other substances;
Whereas some companies which have applied for an import quota for 1994 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 applicants from some companies substantially exceed the quantities imported by them in previous years, sometimes by as much as 700 % and more;
Whereas the allocations of the individual quotas to the applcants are to be based on the principles of continuity, equality and proportionality. These principles have been applied by taking account of each undertaking's previous imports, by allocating quotas to as many perspectived importers as possible, and by granting import quotas in proportion to the amount requested;
Whereas Article 12 of Regulation (EEC) No 594/91 sets out the procedure according to which decisions can be taken concerning the implementation of the Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the committee referred to in Article 12 of the same Regulation,
HAS DECIDED AS FOLLOWS:
Article 1
1. The amount of the chlorofluorocarbons 11, 12, 113, 114 and 115 controlled by Regulation (EEC) No 594/91 and indicated in Group I of Annex I thereto which may be released into free circulation in the European Community in 1994 and which is imported from sources outside the Community shall be increased by 26 000 ODP-weighted tons.
2. The amount of the other fully halogenated chlorofluorocarbons controlled by Regulation (EEC) No 594/91 and indicated in Group II of Annex I thereto which may be released into free circulation in the European Community in 1994 and which is imported from sources outside the Community shall be increased by 50 ODP-weighted tons.
3. The amount of halons controlled by Regulation (EEC) No 594/91 and indicated in Group III of Annex I thereto which may be released into free circulation in the European Community in 1994 and which is imported from sources outside the Community shall be increased by 20 000 ODP-weighted tons.
4. The amount of carbon tetrachloride controlled by Regulation (EEC) No 594/91 and indicated in Group IV of Annex I thereto which may be released into free circulation in the European Community in 1994 and which is imported from sources outside the Community shall be increased by 85 000 ODP-weighted tons.
5. The amount of 1,1,1-trichloroethane controlled by Regulation (EEC) No 594/91 and indicated in Group V of Annex I thereto which may be released into free circulation in the European Community in 1994 and which is imported from sources outside the Community shall be increased by 800 ODP-weighted tons.
Article 2
The allocation of import quotas for the chlorofluorocarbons 11, 12, 113, 114 and 115, the other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride and 1,1,1-trichloroethane during the period 1 January to 31 December 1994 shall be as indicated in Annex 3 (4) hereto.
The undertakings authorized to import controlled substances in accordance with the quantities set out in Annex 3 are listed in Annex 2.
Article 3
This Decision is addressed to the undertakings listed in Annex 1.
Done at Brussels, 4 February 1994.