98/27/EC: Commission Decision of 16 December 1997 allocating import quotas for the fully halogenated chlorofluorocarbons 11, 12, 113, 114 and 115, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, hydrobromofluorocarbons and methyl bromide for the period 1 January to 31 December 1998, and in addition, allocating placing on the market quotas for hydrochlorofluorocarbons for the period 1 January to 31 December 1998 (Only the Dutch, English, French, German, Greek, Italian and Portuguese texts are authentic) (Text with EEA relevance)
Date: 1997-12-16
Institutions: European Commission
Subjects: halogen, import restriction, marketing restriction, ozone, pollution control measures, stratospheric pollutant

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L 9/39

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 16 December 1997

allocating import quotas for the fully halogenated chlorofluorocarbons 11, 12,
113, 114 and 115, other fully halogenated chlorofluorocarbons, halons, carbon
and methyl
1,1,1-trichloroethane, hydrobromofluorocarbons
tetrachloride,
bromide for the period 1 January to 31 December 1998, and in addition,
allocating placing on the market quotas for hydrochlorofluorocarbons for the
period 1 January to 31 December 1998

(Only the Dutch, English, French, German, Greek, Italian and Portuguese texts are
authentic)

(Text with EEA relevance)

(98/27/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

No 3093/94; whereas
pursuant to Article 7(3);

these limits may be modified

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 3093/94 of
15 December 1994 on substances that deplete the ozone
layer (1), and in particular to Articles 4(8) and 7(2) thereof,

Whereas Article 7(1) of Regulation (EC) No 3093/94
states that without prejudice to Article 4(8) and unless the
substances are intended for destruction by a technology
approved by the Parties, for feedstock use in the manufac-
ture of other chemicals or
for quarantine and pre-
shipment, the release for free circulation in the Com-
munity of controlled substances imported from third
countries shall be subject to quantitative limits;

Whereas any modification of
these quantitative limits
may not lead to Community consumption of controlled
substances exceeding the quantitative limits established
according to the Montreal Protocol on substances that
deplete the ozone layer;

Whereas Article 4(8) of Regulation (EC) No 3093/94
defines the total calculated level of hydrochlorofluorocar-
bons (HCFCs) which producers and importers may place
on the market or use for their own account in the period
1 January to 31 December 1995 and in each 12-month
period thereafter; whereas this corresponds to a quantity
of 8 079 ODP tonnes;

Whereas the quantitative limits for the release into free
circulation in the Community of controlled substances
are set out in Annex II and Article 4(8) of Regulation (EC)

(1) OJ L 333, 22. 12. 1994, p. 1.

Whereas the Commission is required, under Article 4(8),
in accordance with the procedure laid down in Article 16,
to assign a quota to each producer or importer when the
total quantity of HCFCs which producers and importers
place on the market or use for their own account reaches
80% of the quantitative limit established or at the latest
on 1 January 2000, whichever comes first;

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15. 1. 98

Whereas the 80% threshold has been reached in the year
1997; whereas it is likely that this will also be the case in
1998 making it necessary to assign placing on the market
quotas for HCFCs for 1998;

Whereas the Commission is required under Article 7(2) of
Regulation (EC) No 3093/94 to allocate quotas
for
controlled substances to undertakings each year in ac-
cordance with the procedure set out in Article 16;

Whereas the Commission has published a notice to
importers in the European Community of controlled
substances that deplete the ozone layer (1) and has thereby
received applications for import quotas;

Whereas the applications for import quotas of the chloro-
fluorocarbons 11, 12, 113, 114 and 115 and halons exceed
the import quotas available under Article 7(2); therefore
the Commission cannot satisfy the applications;

technical

Whereas some of the applications from the producers of
ODS in the Community have been made for specific
contingency purposes of possible breakdown of produc-
tion,
the
substances in the Community; whereas requests by a
producer to import under a contingency quota can only
be considered following interruption to normal supply
and non-availability of the substances within the Com-
munity;

and non-availability of

failure

Whereas the allocation of individual quotas to producers
and importers is based on the principles of continuity,
in establishing
equality and proportionality; whereas,
quotas, the Commission has been guided by the need to
reduce further
and use of
substances which damage the ozone layer while inter-
fering in the market as little as possible;

the production,

import

Whereas it is appropriate to retain part of the total HCFC
placing on the market quota for allocation to importers in
the Community who are not engaged in the production
of HCFCs; whereas, in 1996, the level of imports by non-
producers reached about 3% of the total quota available;
whereas the 1997 level is likely to be similar; whereas it is
therefore appropriate in 1998 to retain 4% of the total
quota for allocation to importers who are not engaged in
the production of HCFCs; whereas this corresponds to a
quantity of 323 ODP tonnes;

Whereas the HCFC placing on the market quota for each
producer in the Community in 1998 shall reflect the
market share which that producer reached in 1996, calcu-
lated in ODP tonnes; whereas it is appropriate to take
1996 as a base-year, which is the latest year for which data
to reflect most closely recent
are available,
market activity by each producer; whereas it is considered
appropriate to allocate the total available HCFC quantity

in order

(1) OJ C 285, 20. 9. 1997, p. 2.

of 7 756 ODP tonnes between producers without leaving
a reserve;

Whereas for methyl bromide the import quotas are al-
located to the primary importers, considered by the
Commission to be the importers who deal directly by way
of invoicing with the producers outside the Community;
whereas a reserve of 100,5 ODP tonnes of methyl
bromide is retained for allocation during 1998 in ac-
cordance with the Article 16 procedure;

Whereas import licences shall be issued by the Commis-
sion in accordance with Article 6 of the aforesaid Regula-
tion, after verification of compliance by the importer with
Articles 7, 8 and 12;

Whereas the release for free circulation in the Com-
munity of chlorofluorocarbons 11, 12, 113, 114 and 115,
other
fully halogenated chlorofluorocarbons, halons,
carbon tetrachloride, 1,1,1-trichloroethane and hydrobro-
mofluorocarbons imported from any State not party is
prohibited in accordance with Article 8 of Regulation
(EC) No 3093/94;

Whereas the measures provided for in this Decision are in
accordance with the opinion of the committee established
by Article 16 of the same Regulation,

HAS ADOPTED THIS DECISION:

Article 1

1.
The quantity of chlorofluorocarbons 11, 12, 113, 114
and 115 subject to Regulation (EC) No 3093/94 which
may be released for free circulation in the European
Community in 1998 from sources outside the Com-
munity shall be 0 ODP weighted tonnes.

The quantity of chlorofluorocarbons 11, 12, 113, 114
2.
and 115 subject to Regulation (EC) No 3093/94 which
may be released for free circulation in the European
Community in 1998 from sources outside the Com-
munity shall be 1 600 ODP weighted tonnes of virgin
material for use as feedstock.

3.
The quantity of other fully halogenated chlorofluo-
rocarbons subject to Regulation (EC) No 3093/94 which
may be released for free circulation in the European
Community in 1998 from sources outside the Com-
munity shall be 0 ODP weighted tonnes.

4.
The quantity of halons subject to Regulation (EC)
No 3093/94 which may be released for free circulation in
the European Community in 1998 from sources outside
the Community shall be 0 ODP weighted tonnes.

5.
to
The quantity of carbon tetrachloride subject
Regulation (EC) No 3093/94 which may be released for
free circulation in the European Community in 1998
from sources outside the Community shall be 15 235,1
ODP weighted tonnes of virgin material for use as feed-
stock or as a processing agent.

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6.
to
The quantity of 1,1,1-trichloroethane subject
Regulation (EC) No 3093/94 which may be released for
free circulation in the European Community in 1998
from sources outside the Community shall be 0,166
ODP-weighted tonnes of virgin material to be used as
feedstock.

7.
The quantity of methyl bromide subject to Regula-
tion (EC) No 3093/94 which may be released for free
circulation in the European Community in 1998 shall be
5 870 ODP weighted tonnes of virgin material for uses
other than feedstock and quarantine and preshipment.

The quantity of hydrobromofluorocarbons subject to
8.
Regulation (EC) No 3093/94 which may be released for
free circulation in the European Community in 1998
from sources outside the Community shall be 0 ODP
weighted tonnes.

Article 2

1.
The quantity of virgin carbon tetrachloride which
may be imported by producers of ozone depleting
substances in the European Community in 1998 for their
own use as contingency against a possible breakdown of
production or technical failure and where the substance is
not available in the Community shall be 2 200 ODP
weighted tonnes.

2.
Any quantity of virgin carbon tetrachloride imported
by producers of ozone depleting substances from sources
outside the Community for the purposes defined in para-
graph 1 of this Article shall be accounted for as produc-
tion of carbon tetrachloride.

3.
The quantity of virgin 1,1,1-trichloroethane which
may be imported by producers of ozone depleting
substances in the European Community in 1998 for their
own use as contingency against a possible breakdown of
production or technical failure and where the substance is
not available in the Community shall be 2000 ODP
weighted tonnes.

Any quantity of virgin 1,1,1-trichloroethane which is
4.
imported by producers of ozone depleting substances
from sources outside the Community for the purposes
defined in paragraph 3 of this Article shall be accounted
for as the production of 1,1,1-trichloroethane.

Article 3

1.
The quantity of hydrochlorofluorocarbons subject to
Regulation (EC) No 3093/94 which producers and im-
porters may place on the market or use for their own

account within the Community in 1998 shall be 8 079
ODP tonnes.

The quantity of hydrochlorofluorocarbons subject to
2.
Regulation (EC) No 3093/94 which producers may place
on the market or use for their own account within the
Community in 1998 shall be 7 756 ODP tonnes.

The quantity of hydrochlorofluorocarbons subject to
3.
Regulation (EC) No 3093/94 to be allocated by the
Commission to importers within the Community who are
not engaged in the production of HCFCs shall be 323
ODP tonnes.

Article 4

1.
The allocation of import quotas for chlorofluorocar-
bons 11, 12, 113, 114 and 115, carbon tetrachloride,
1,1,1-trichloroethane and methyl bromide during the
period 1 January to 31 December 1998 shall be for the
purposes indicated and to the companies indicated in
Annex Ia hereto.

2.
The allocation of quotas for the placing on the
market or use for their own account of hydrochlorofluoro-
carbons by producers in the Community during the
period 1 January to 31 December 1998 shall be to the
undertakings indicated in Annex Ib hereto.

3.
The import quotas for carbon tetrachloride, 1,1,1-
trichloroethane and methyl bromide during the period 1
January to 31 December 1998 shall be as set out in
Annex II (1) hereto.

4.
The quotas for the placing on the market or use for
their own account of hydrochlorofluorocarbons by produ-
cers in the Community during the period 1 January to 31
December 1998 shall be as set out in Annex III (1).

Article 5

This Decision is addressed to the undertakings listed in
Annex IV hereto.

Done at Brussels, 16 December 1997.

For the Commission

Ritt BJERREGAARD

Member of the Commission

(1) Annexes II and III are not published because they contain

confidential commercial information.

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ANNEX Ia

GROUP I

Import quotas for virgin chlorofluorocarbons 11, 12, 113, 114 and 115 allocated to importers in
accordance with Regulation (EC) No 3093/94 for the use as feedstock

Company

Zeneca (UK)

GROUP IV

Import quotas for virgin carbon tetrachloride allocated to importers in accordance with Regula-
tion (EC) No 3093/94 for use as feedstock

Company

AlliedSignal (NL)
SCING (GR)
Harlow (UK)
Knoll (UK)
Rhône-Poulenc (UK)

Import quotas for virgin carbon tetrachloride allocated to importers in accordance with Regula-
tion (EC) No 3093/94 for use as feedstock for contingency purposes

Company

ICI (UK)

GROUP V

Import quotas for virgin 1,1,1-trichloroethane allocated to importers in accordance with Regula-
tion (EC) No 3093/94 for use as feedstock

Company

Metron (D)
Metron (F)
Metron (UK)
Olin Hunt (B)

Import quota for virgin 1,1,1-trichloroethane allocated to importers in accordance with Regula-
tion (EC) No 3093/94 for use as feedstock for contingency purposes

Company

Elf Atochem (F)

GROUP VI

Import quotas for methyl bromide allocated to importers in accordance with Regulation (EC) No
3093/94 for use as soil fumigation and other uses subject to quotas

Company

Albermarle (B)
Alfa Supplies (GR)
Agriquímicos de Levante (E)
Biochem Ibérica (P)
Bromine (UK)
Eurobrom (NL)
Great Lakes (UK)
Mebrom (B)
Neoquímica (P)

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ANNEX Ib

Quotas for placing on the market or use for their own account of hydrochlorofluorocarbons by
producers in the Community during the period 1 January to 31 December 1998 shall be assigned
to the undertakings indicated below

Company

AlliedSignal (NL)
Ausimont (I)
DuPont (NL)
Elf Atochem (E, F)
ICI (UK)
Rhône-Poulenc (UK)
Solvay (B, D, F)
SCING (G)

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ANNEX IV

AlliedSignal Fluorochemicals Europe BV
Kempenweg 90
NL-6000 AG Weert

Ausimont SpA
Via S. Pietro 50/a
I-20021 Bollate — MI

DuPont de Nemours (Nederland) BV
Baanhoekweg 22
NL-3300 AC Dordrecht

Elf Atochem SA
Cours Michelet — La Défense 10
F-92091 Paris La Défense

ICI Klea
PO Box 13, The Heath
Runcorn Cheshire
WA7 4QF
United Kingdom

Rhône Poulenc Chemicals Ltd
PO Box 46 — St Andrews Road
Avonmouth
Bristol BS11 9YF
United Kingdom

Solvay Fluor und Derivate GmbH
Hans-Böckler-Allee 20
D-30173 Hannover

Chemical Industries of Northern Greece
SA
Thessaloniki Plant
PO Box 10 183
GR-54110 Thessaloniki

Albermarle SA
Av. Louise 523 (Boîte 19)
B-1050 Bruxelles

Alfa Agricultural Supplies SA
13, Tim, Filimonos str.
GR-11521 Athens

Agriquímicos de Levante SA
Avda. Primado Reig. 129
E-46020 Valencia

Biochem Ibérica
Rua da Escola
Apartado 250
P-2870 Montijo

Bromine and Chemicals Ltd
201 Haverstock Hill
Hampstead
London NW3 4QG
United Kingdom

Eurobrom BV
Postbus 158
NL-2280 AD Rijswijk

Great Lakes Chemical (Europe) Ltd
PO Box 44, Oil Sites Road
Ellesmere Port
South Wirral L65 4GD
United Kingdom

Harlow Chemical Company Ltd
Templefields
Harlow, Essex
CM20 2BH
United Kingdom

Knoll Pharma Chemicals
Main Road
Beeston
Nottingham NG9 1AD
United Kingdom

Mebrom NV
Assenedestraat 4
Ertvelde
B-9940 Rieme

Metron Technology (Deutschland) GmbH
Saturnstraße 48
D-85609 Aschheim

Metron Technology (France) Eurl
ZI de la Marinière
rue Bernard Palissy 6, B.P. 1222
F-91912 Evry Cedex 9

Metron Technology (UK) Ltd
2 Gregory Road
Kirkton Campus; Livingstone
West Lothian EH54 7DR
United Kingdom

Neoquímica — Exportaç˜ao E
Apartado 97
P-2580 Carregado

Olin-Hunt
p/a Adpo
Steenlandlaan Kaai 1111
B-9130 Beveren-Kallo

Zeneca Agrochemicals
Fernhurst Haslemere
Surrey GU27 3JE
United Kingdom