Regulation (EC) No 1366/2006 of the European Parliament and of the Council of 6 September 2006 amending Regulation (EC) No 2037/2000 as regards the base year for the allocation of quotas of hydrochlorofluorocarbons with respect to the Member States that acceded to the European Union on 1 May 2004
Date: 2006-09-06
Institutions: Council of the European Union, European Parliament
Subjects: EU Member State, accession to the European Union, chemical product, import restriction, production quota, stratospheric pollutant

L 264/12

EN

Official Journal of the European Union

25.9.2006

REGULATION (EC) No 1366/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 6 September 2006

amending Regulation (EC) No 2037/2000 as regards the base year for the allocation of quotas of
hydrochlorofluorocarbons with respect to the Member States that acceded to the European Union on
1 May 2004

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Member States are not excluded. It is therefore appropri-
ate to choose the years for which the most recent data are
available. In order to best reflect the commercial situation
on the HCFC market in the 10 new Member States, aver-
age market shares in 2002 and 2003 should therefore be
used as the basis for the companies from those Member
States.

(3)

Regulation (EC) No 2037/2000 should therefore be
amended accordingly,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

HAVE ADOPTED THIS REGULATION:

Whereas:

(1)

Regulation (EC) No 2037/2000 of the European Parlia-
ment and of the Council of 29 June 2000 on substances
that deplete the ozone layer (3) takes 1999 as the base year
for
allocating quotas of hydrochlorofluorocarbons
(HCFCs). The HCFC market in the 10 new Member States
has changed considerably since 1999, with the arrival of
new companies and changes in market shares. Taking
1999 as the base year for allocating quotas of HCFCs in
these new Member States would result in a large number
of companies not receiving an import quota. This could
be considered as being arbitrary and might also result in a
breach of the principles of non-discrimination and legiti-
mate expectations.

(2)

As a general rule, quotas should be based on the most
recent and representative figures available in order to
ensure that a number of importing companies in the new

Article 1

The following point shall be added to Article 4(3)(i) of Regula-
tion (EC) No 2037/2000:

‘(i) by way of derogation from point

(h), each producer
and importer in the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
shall ensure that the calculated level of hydrochlorofluoro-
carbons which it places on the market or uses for its own
account shall not exceed, as a percentage of the calculated
levels set out in points (b), (d), (e) and (f), the average of its
percentage market share in 2002 and 2003.’.

Article 2

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 6 September 2006.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
P. LEHTOMÄKI

(1) OJ C 110, 9.5.2006, p. 33.
(2) Opinion of the European Parliament of 27 April 2006 (not yet pub-
lished in the Official Journal) and Council Decision of 27 June 2006.
(3) OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Regulation

(EC) No 29/2006 (OJ L 6, 11.1.2006, p. 27).