95/324/EC: Commission Decision of 26 July 1995 on the quantities of controlled substances allowed for essential uses in the Community in 1996 under Council Regulation (EC) No 3093/94 on substances that deplete the ozone layer

COMMISSION DECISION of 26 July 1995 on the  quantities of controlled substances allowed for essential uses in the Community in 1996 under  Council Regulation (EC) No 3093/94 on substances that deplete the ozone layer (95/324/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
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), especially Articles 3, 4 and 7,
Whereas because of the state of the concern for the ozone layer, the Community has decided to phase  out certain controlled substances earlier than in the Montreal Protocol commencing on 1 January  1995;
Whereas Article 3 (1, 2, 3, 4, 5 and 7) of Regulation (EC) No 3093/94 states that the Commission  shall determine every year any essential uses which may be permitted in the Community and any  quantities of controlled substances which may be produced, placed on the market or used for these  purposes;
Whereas those essential uses have to be decided for chlorofluorocarbons, pursuant to Articles 3 (1)  and 4 (1); other fully halogenated chlorofluorocarbons, pursuant to Articles 3 (2) and 4 (2);  halons, pursuant to Articles 3 (3) and 4 (3); carbon tetrachloride, pursuant to Articles 3 (4) and  4 (4); 1,1,1-trichloroethane pursuant to Articles 3 (5) and 4 (5); and HBFCs pursuant to Articles 3  (7) and 4 (7) of Regulation (EC) No 3093/94;
Whereas the criteria applied to assessing essential uses are in line with Decision IV/25 of the  Parties to the Montreal Protocol and are:
(a)  that a use of a controlled substance should qualify as 'essential` only if:
(i)  it is necessary for the health, safety or is critical for the functioning of society  (encompassing cultural and intellectual aspects); and (ii)  there are no available technically and economically feasible alternatives or substitutes that  are acceptable from the standpoint of environment and health;
(b)  that production and consumption, if any, of a controlled substance for essential uses should  be permitted only if:
(i)  all economically feasible steps have been taken to minimize the essential use and associated  emission of the controlled substance; and (ii)  the controlled substance is not available in sufficient quantity and quality from existing  stocks of banked or recycled controlled substances, also bearing in mind the developing countries'  need for controlled substances;
Whereas Decision VI/9 of the Parties to the Montreal Protocol authorizes the levels of production  or consumption necessary to satisfy essential uses of controlled substances for (i) metered dose  inhalers (MDIs) for the treatment of asthma, chronic obstructive pulmonary diseases (COPD) and for  (ii) laboratory and analytical uses as specified in Annex of this Decision;
Whereas Decision VI/9 of the Protocol also requests Parties to endeavour to minimize use and  emissions by all practical steps; in the case of metered dose inhalers, these steps include  education of physicians and patients about other treatment options and good-faith efforts to  eliminate or recapture emissions from filling and testing consistent with national laws and  regulations;
Whereas after receiving a certain number of applications from Member States, the Commission  nominates the essential uses and respective quantities for the European Community, on behalf of the  Member States for 1996, in line with the abovementioned Montreal Protocol Decisions IV/25 and  VI/9;
Whereas the list of essential uses and the quantities of the controlled substances are hereby given  for the information of producer and user industries;
Whereas the allocation of quantities of controlled substances allowed for essential uses in the  Community in 1996 shall be presented in a Commission Decision at a later stage;
Whereas the measures provided for in this Decision are in accordance with the opinion of the  Committee referred to in Article 16 of Regulation (EC) No 3093/94,