Notice to importers in the European Community of controlled and new substances that deplete the ozone layer regarding Regulation (EC) EP-COUN 3613/1/2000 of the European Parliament and of the Council on substances that deplete the ozone layer

(2000/C 224/03)

This Notice is addressed to undertakings that intend to import the following substances into the European Union from sources outside the European Community in 2001.

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

New substances Chlorobromethane

Article 7 of Regulation (EC) EP-COUN 3613/1/2000 of 29 June 2000 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 to Regulation (EC) EP-COUN 3613/1/2000 specifies the substances to be controlled and Annex III specifies the quantity of imports allowed for Groups I to VIII.

The quantiy of methyl bromide for 2001 must not exceed 40 % of the 1991 base year for quantities imported by primary importers(3) and must not exceed 40 % of the 1991 base year for qunatities produced in the European Community.

The quantity of HCFCs, Group VIII, 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(3)(i)(b) of Regulation (EC) EP-COUN 3613/2000. According to this Article, the Commission shall, in accordance with the Article 18 procedure, assign a quota to each producer or importer within the total quantitative limits set out in Annex III to Regulation (EC) EP-COUN 3613/1/2000.

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 2001 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 subject to import licences, which should be applied for during 2001. These quantities will be set against the individual placing on the market quotas which the Commission will allocate to producers for 2001. The total quantity of HCFCs which may be placed on the European Community market, as calculated by the procedure in Article 4(3)(i)(b) of the Regulation, is 6678 ODP tonnesnes (cf. Annex III to Regulation (EC) EP-COUN 3613/1/2000).

Under Article 22 of the Regulation the importation of new substances (Chlorobromethane) listed in Annex II of this regulation is prohibited.

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

The quantity of each group of controlled substances that may be imported in 2001, either pure or as a mixture, are set out below.

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Subject to the decision of the Commission pursuant to Article 18 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 that have been recovered and have than 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: Methyl bromide used for quarantine purposes as defined by the Parties to the Montreal Protocol.

(h) Pre-shipment: Methyl bromide used for pre-shipment 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(10) of Regulation (EC) EP-COUN 3613/1/2000. 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 18 of the Regulation. A separate notice regarding essential uses should apply for authorisation on the form supplied with that Notice.

Undertakings wishing to be considered by the Commission for the allocation of import quotas for the twelve month period from 1 January 2001 to 31 December 2001, 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: Mrs Marie-Jo De Block Ozone Layer Protection European Commission Directorate-General Environment

Unit ENV.D.3

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

Enquiries can be made in writing to the above address by Fax (32-2) 296 95 54 or by e-mail to Marie-Jose.De-Block@cec.eu.int

A copy of the application should also be sent to the competent authority of the Member State (cf. 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 18 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 2001, 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 withhold an import licence when the substance to be imported is not as described or may not 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 procesisng to be undertaken. A certificate of analysis may also be required.

(1) Not yet published in the Official Journal.

(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 tonnesnage.

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

ÖSTERREICH

Mr Paul Krajnik Ministry of the Environment Chemical Department Stubenbastei 5 A - 1010 Wien

BELGIQUE

Mr Roland Marijnissen Ministère de la Santé Publique et de l'Environnement Département de l'Environnement 19, Boulevard Pacheco - bte 7 B - 1010 Brussels

DANMARK

Mrs Kirsten Doerge Miljøstyrelsen Strandgade 29 DK - 1401 Copenhagen K

SUOMI/FINLAND

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

FRANCE

Mrs Laurence Musset Ministère de l'Environnement

DRPR/BSPC

20, Avenue de Ségur F - 75302 Paris 07 SP

DEUTSCHLAND

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

ITALIA

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

ESPAÑA

Mr Ángel Rascón Ministerio de Medio Ambiente

D.G. de Calidad y Evaluación Ambiental

Pza. San Juan de la Cruz s/n

4a Planta - Despacho 4.60

E - 28071 Madrid

SVERIGE

Ms Maria Ujfalusi Swedish Environmental Protection Agency Naturvårdsverket Blekholmsterassen 36 S - 106 48 Stockholm

NEDERLAND

Dr. Joop A. van Haasteren Ministry of Housing, Physical Planning and Environment Postbus 30945 Rihnstraat 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

SW1E 6DE London United Kingdom