Notice to importers in the European Community of controlled substances that deplete the ozone layer regarding Council Regulation (EC) No 3093/94

(1999/C 208/07)

This notice is addressed to undertakings that intend to import the following substances into the European Union from sources outside the European Community in 2000.

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 or,

Group VIII: hydrochlorofluorocarbons

Article 7 of Council Regulation (EC) No 3093/94 of 15 December 1994 on substances that deplete the ozone layer(1) requires the imposition of quantitative limits on the import of the substances listed under Groups I to VIII of Annex I to this notice(2). Annex I of Council Regulation (EC) No 3093/94 specifies the substances to be controlled and Annex II specifies the quantity of imports allowed for Groups I to VII.

The quantity for methyl bromide, Group VI, is based on 75 % of the 1991 base year quantities imported by primary importers(3) and produced in the European Community.

The quantity of HCFCs, that is Group VIII controlled substances, which producers and importers may place on the market and/or use for their own account within the European Community is calculated according to Article 4(8) of Council Regualtion (EC) No 3093/94. According to this Article, the Commission shall, in accordance with the Article 16 procedure, assign a quota to each producer or importer when the total quantity which producers and importers place on the market or use for their own account reaches 80 % of the total European Community quota or at the latest on 1 January 2000, whichever comes first.

Undertakings which are engaged in the importation of HCFCs can be in one of three categories:

1. importers who wish to place HCFCs on the European Community market and who are neither engaged in the production of HCFCs nor wish to sell HCFCs to European Community producers;

2. importers who are not engaged in the production of HCFCs and who do sell HCFCs to European Community producers;

3. European Community producers who import on their own account additional HCFCs to place on the European Community market.

Undertakings in category (1) are invited to apply for import quota allocations. If an importer belongs to both categories (1) and (2), they should state clearly the quantities they intend to import which are not intended for European Community producers. The Commission will allocate to HCFC producers within the European Community placing on the market quotas for 2000 by means of a Commission Decision. The quantities imported by undertakings in categories (2) and (3) will form part of the producers' placing on the market quotas.

The quantities imported by undertakings in categories (2) and (3) are still subject to import licences, which should be applied for during 2000. These quantities will be set against the individual placing on the market quotas which the Commission will allocate to producers for 2000. The total quantity of HCFCs which may be placed on the European Community market, as calculated by the procedure in Article 4(8) of the Regulation, is 8079 ODP tonnes. Of this, some 4 % is available to importers in category (1).

For the purposes of the Regulation, quantities are measured in ODP tonnes which reflect the ozone depleting potential of the substance(4).

The quantities of each group of controlled substances which may be imported in 2000, be they pure or in a mixture, are set out below.

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Group VI (methyl bromide): The quantity of methyl bromide which may be imported in 2000 be it pure or in a mixture is 5870 ODP tonnes.

Group VIII (HCFCs): The total quantity of hydrochlorofluorocarbons be they pure or in a mixture which may be placed on the European market by producers and importers in 2000 is 8079 ODP tonnes.

Subject to the decision of the Commission pursuant to Article 16 of the Regulation, additional quantities may be allowed for the following categories of imports:

(a) feedstock use: transformation of a controlled substance in a process in which it is entirely converted from its original composition;

(b) processing agent use: controlled substances used as chemical processing agents in existing installations, where emissions are insignificant;

(c) recovered substances: controlled substances that have been used in, and recovered from machinery or equipment and are to be reclaimed or destroyed in the European Union;

(d) recycled substances: controlled substances which have been recovered and have then undergone a basic cleaning process such as filtering and drying;

(e) reclaimed substances: controlled substances that have been recovered from machinery or equipment and have been re-processed and up-graded through such mechanisms as filtering, drying, distillation and chemical treatment in order to restore the substance to a specified standard of performance;

(f) destruction: 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;

(g) quarantine: controlled substances that are to be used for quarantine purposes as defined by the Parties to the Montreal Protocol;

(h) pre-shipment: controlled substances that are to be used for preshipment purposes as defined by the Parties to the Montreal Protocol;

(i) producer transfers: controlled substances that have been produced in a non-EU country on behalf of an EU producer in accordance with Article 3(12) of Council Regulation (EC) No 3093/94. Only EU producers may import this category of imports;

(j) essential uses: controlled substances to be used for purposes considered essential in accordance with the criteria set out in Decision IV/25 of the Parties to the Montreal Protocol and approved by the Commission pursuant to Article 16 of the Regulation. A separate notice regarding essential uses has been published. Undertakings wishing to import controlled substances for essential uses should apply for authorisation on a form to be supplied with that notice.

Undertakings wishing to be considered by the Commission for the award of import quotas for the twelve month period from 1 January 2000 to 31 December 2000, should apply to the Commission for an import quota on a copy of the form provided in Annex II to this notice.

The Commission hereby gives notice to undertakings wishing to apply for a quota to make the declaration in Annex II within one month of publication of this notice to: Dörthe Ohm , European Commission,

Directorate-General XI,

Environment, Nuclear Safety and Civil Protection,

Unit D3,

Rue de la Loi/Wetstraat 200 , B - 1049 Brussels .

Enquiries can be made in writing to the above address or by telephone (32-2) 296 36 92 or fax (32-2) 296 95 54.

A copy of the application should also be sent to the competent authority of the Member State (see Annex III).

Once the applications have been received, they will be considered by the European Commission and quotas will be set for each importer in consultation with the Article 16 Management Committee. All applicants will be informed of their quota by post. 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.

During the course of 2000, undertakings in receipt of a quota must apply to the Commission for an import licence for each shipment of controlled substances using the import licence application forms which will be sent to undertakings when they receive their quota. Provided the Commission services are satisfied that the request is in accordance with the quota authorised, an import licence will then be issued. The Commission reserves the right to withold an import licence in cases where it is not satisfied that the substances to be imported are as described or are to be used for the use authorised.

Importers of recovered or reclaimed substances, if any, are also 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 required.

(1) OJ L 333, 22.12.1994, p. 9.

(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.

(3) Primary importers of methyl bromide are those importers who in 1991 purchased methyl bromide directly from producers outside the European Union.

(4) 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.

ANNEX I

Substances covered

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ANNEX II

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ALLEGATO III//ANEXO III//ANEXO III//ANNEX III//ANNEXE III//ANHANG III//BIJLAGE III//BILAG III//BILAGA III//LIITE III//ΠΑΡΑΡΤΗΜΑ III

AUSTRIA

Mr Paul Krajnik Ministry of the Environment

Chemical Department

Stubenbastei 5 A - 1010 Wien

BELGIUM

Mrs Lutgarde Coppens Ministère de la Santé Publique et de l'Environnement

Département de l'Environnement

19, Boulevard Pacheco - bte 7 B - 1010 Brussels

DENMARK

Mr Henri Heron Miljøstyrelsen Strandgade 29 DK - 1401 Copenhagen K

FINLAND

Mrs Eliisa Irpola Finnish Environment Institute Kesäkatu 6 FIN - 00121 Helsinki

FRANCE

Mrs Laurence Musset Ministère de l'Environnement

DRPR/BSPC

20, Avenue de Ségur F - 75302 Paris 07 SP

GERMANY

Mr Heinrich W. Kraus Federal Ministry for the Environment

Dept. JG 115

Bernkasteler Straße 8 D - 53175 Bonn

GREECE

Mrs Elpida Politis Ministry for the Environment, Physical Planning and Public Works

International Activities and EEC Department

17 Ameliedos Street GR - 11523 Athens

IRELAND

Ms Nuala McLoughlin Department of the Environment

Environment International

Custom House IRL - Dublin 1

ITALY

Mrs Giuliana Gasparrini Ministry of Environment

Atmospheric Pollution Department

Via Ferratella in Laterano, 33 I - 00184 Roma

LUXEMBOURG

Mr Theo Weber Administration de l'Environnement 1, Rue Bender L - 1229 Luxembourg

PORTUGAL

Ms Cristina Vaz Nunes Ministério do Ambiente

Instituto de Meteorologia

Rua C ao Aeroporto de Lisboa P - 1700 Lisboa

SPAIN

Mr Ángel Rascón Ministerio de Medio Ambiente

DG de Calidad y Evaluación Ambiental

Pza. San Juan de la Cruz s/n

4a Planta - Despacho 4.60

E - 28071 Madrid

SWEDEN

Ms Maria Ujfalusi Swedish Environmental Protection Agency

Naturvårdsverket

Blekholmsterassen 36 S - 106 48 Stockholm

NEDERLAND

Dr. Joop A. van Haasteren Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer Postbus 30945 Rijnstraat 8 2500 GX Den Haag Nederland

UNITED KINGDOM

Mrs Maria Nolan Department of the Environment, Transport and Regions

Global Atmosphere Division

3rd floor - zone 3/C2

Ashdown House

123, Victoria Street

UK - SW1E 6DE London