COMMISSION DECISION of 20 December 1994 allocating import quotas for the fully halogenated chlorofluorocarbons 11, 12, 113, 114 and 115, the other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride and 1,1,1-trichloroethane for the period 1 January to 31 December 1995 (94/826/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 substances that deplete the ozone layer (1), as amended by Regulation (EEC) No 3952/92 (2),
Whereas Article 3 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 chlorofluorocarbons, halons, carbon tetrachloride and 1,1,1-trichloroethane imported into the Community from third countries is to be subject to quantitative limits;
Whereas an increase of these quantitative limits may not lead to a Community consumption of controlled substances beyond the quantitative limits established according to the Montreal Protocol on substances that deplete the ozone layer;
Whereas the release into free circulation in the Community of the aforesaid substances imported from non-Parties is prohibited in accordance with Article 5 of the aforesaid Regulation;
Whereas the Commission is required under 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 after the 1 January 1995 the only imports of virgin ozone depleting substances for non-feedstock uses will be for 1,1,1-trichloroethane;
Whereas the applications for the import quotas of 1,1,1-trichloroethane exceed the import quotas available for allocation under Article 3 (2) as amended, by 558 %;
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 some companies which have applied for an import quota for 1995 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 some of the applications from the producers of ODS in the Community have been made for specific contingency purposes of possible breakdown of production, technical failure and non-availability of the substances in the Community;
Whereas the quantity released into free circulation in the Community for such specified contingency purposes shall only be authorized if an equivalent amount of the same substance will not be produced in the Community in the same control period;
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 ADOPTED THIS DECISION:
Article 1
1. The quotas, set out below, of chlorofluorocarbons 11, 12, 113, 114 and 115, the other fully halogenated chlorofluorocarbons, halons and carbon tetrachloride permitted under Annex II of the Regulation are only for virgin or recovered substances and are only authorized for feedstock uses, for destruction or for reclamation as defined in the notice to importers in the European Community of controlled substances.
2. The amount of 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 1995 and which is imported from sources outside the Community shall be 2820 ODP-weighted tons.
3. 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 1995 and which is imported from sources outside the Community shall be 32 ODP-weighted tons.
4. 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 1995 and which is imported from sources outside the Community shall be 1880 ODP-weighted tons.
5. 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 1995 and which is imported from sources outside the Community shall be 6697 ODP-weighted tons.
6. 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 1995 and which is imported from sources outside the Community shall be 3663 ODP-weighted tons.
Article 2
1. The amount of virgin chlorofluorocarbons 11, 12, 114, 113 and 115 to be used as feedstock, controlled by Regulation (EEC) No 594/91 and indicated in Group I of Annex I thereto which may be released into free circulation by the producers of ozone depleting substances in the European Community in 1995 for specific contingency purposes of a possible breakdown of production, technical failure and in the case of the substance not being available in the Community shall be 1 600 ODP weighted tons, this amount is already included in the quantity given in Article 1 (2).
This amount of virgin chlorofluorocarbons 11, 12, 114, 113 and 115 to be used as feedstock can only be released into free circulation by producers if such a request is justified and approved by the relevant Member State for these contingency purposes as defined above and in addition only if a written undertaking is given to the Commission that an equivalent amount of the same substance shall not be produced in the Community by a Community producer in the same control period.
2. The amount of virgin carbon tetrachloride to be used as feedstock, controlled by Regulation (EEC) no 594/91 and indicated in Group IV of Annex I thereto which may be released into free circulation by the producers of ozone depleting substances in the European Community in 1995 for specific contingency purposes of a possible breakdown of production, technical failure and in the case of the substance not being available in the Community shall be 3 250 ODP weighted tons, this amount is already included in the quantity given in Article 1 (5).
This amount of virgin carbon tetrachloride to be used as feedstock can only be released into free circulation by producers if such a request is justified and approved by the relevant Member State for these contingency purposes as defined above and in addition only if a written undertaking is given to the Commission that an equivalent amount of the same substance shall not be produced in the Community by a Community producer in the same control period.
3. The amount of virgin 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 by the producers of ozone depleting substances in the European Community in 1995 for specific contingency purposes of a possible breakdown of production, technical failure and in the case of the substance not being available in the Community shall be 800 ODP weighted tons, this amount is already included in the quantity given in Article 1 (6).
This amount of virgin 1,1,1-trichloroethane can only be released into free circulation by producers if such a request is justified and approved by the relevant Member State for these contingency purposes as defined above and in addition only if a written undertaking is given to the Commission that an equivalent amount of the same substance shall not be produced in the Community by a Community producer in the same control period.
Article 3
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 1995 shall be as indicated in Annex 3 (4) hereto.
Companies allocated quota for the release into free circulation of recovered substances shall, with the support of the relevant Member State, be able to request additional quota during 1995 should their initial quota be fully used. The Commission, in accordance with the Article 12 of Regulation No 594/91, shall deliver an opinion on any such request.
The undertakings authorized to import controlled substances in accordance with the quantities set out in Annex 3 are listed in Annex 2.
Article 4
This Decision is addressed to the companies listed in Annex I hereto.
Done at Brussels, 20 December 1994.