COMMISSION DECISION of 17 March 1995 allocating production and import quotas for methyl bromide,  import quotas for hydrobromofluorocarbons and consumption quotas for hydrochlorofluorocarbons for  the period 1 January to 31 December 1995 (95/107/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),
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 manufacture of other chemicals or for quarantine and preshipment, the release  for free circulation in the Community of controlled substances, for this Decision methyl bromide,  hydrobromofluorocarbons and hydrochlorofluorocarbons, imported from third countries shall be  subject to quantitative limits and that these limits may be modified pursuant to Article 7 (3);
Whereas any increase of these quantitative limits may not lead to a Community consumption of  controlled substances beyond the quantitative limits established according to the Montreal Protocol  on substances that deplete the ozone layer;
Whereas the amounts of substances resulting from the increase of these quantitative limits are  allocated to applicants intending to import used or recycled substances, or substances to be used  as a feedstock for the production of other substances, or substances to be destroyed by a  technology approved by the Parties, which does not cause any additional harm to the environment;
Whereas the release into free circulation in the Community of hydrobromoflurocarbons imported from  non-Parties to the Montreal Protocol shall be prohibited one year after the date of the entry into  force of the second amendment to the protocol in accordance with Article 8 of the aforesaid  Regulation;
Whereas the Commission is required under Article 7 (2) of Regulation (EC) No 3093/94 in accordance  with the procedure set out in Article 16, to allocate quotas to undertakings that request import  quotas;
Whereas the Commission has published a notice to importers in the European Community of controlled  substances that deplete the ozone layer  (2) regarding the same Regulation and has thereby received  applications for import quotas;
Whereas the Commission published a notice to producers and importers of methyl bromide in the  European Community  (3) to provide the Commission with details of their historical activities in  order to establish the Community consumption of methyl bromide in 1991, 1992 and 1993;
Whereas the applications for the production and import quotas of methyl bromide exceed the total  quota available under Article 7 (2) by 4,0  %;
Whereas the Commission consequently cannot fully satisfy the methyl bromide applications and has to  allocate production and import quotas to the applicants, taking primarily the different  environmental impact of the potential imports, the individual background of the applicants in  importing methyl bromide and the amounts applied for into consideration;
Whereas for methyl bromide the allocations of individual quotas to the applicants are to be based  on the principles of continuity, equality and proportionality leading from the historical  information available from the replies to the aforesaid notice;
Whereas for methyl bromide the import quotas are allocated 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 for methyl bromide the procedure by which the primary importers are in receipt of the  import quotas shall be the subject of a review during 1995 to establish whether individual Member  States consider the system to be equitable in practice;
Whereas for hydrobromofluorocarbons in 1995 there are no quantitative limits on imports, under  Article 7 (2) of the aforesaid Regulation a quota has nevertheless been given to one company for  monitoring purposes;
Whereas for hydrochloroflurocarbons consumption quotas of virgin material for dispersive uses have  not been allocated at this time in accordance with Article 4 (8) of the aforesaid Regulation;
Whereas imports of virgin substances and of substances for possible dispersive uses are potentially  more harmful to the environment than imports of reclaimed or recovered substances to be used as  feedstock for the production of other substances;
Whereas for hydrochlorofluorocarbons import quotas of reclaimed and recovered material are not  subject to quantiative limits, requests from some companies have been revised downwards and import  quotas given for 1995, with the understanding quotas in 1996 will depend on how close actual  imports in 1995 were to the quotas requested and allocated for that year;
Whereas import licences shall be issued in accordance with Article 6 of the aforesaid Regulation,  after verification of compliance by the importer with Articles 7, 8 and 12;
Whereas Article 16 of the aforesaid Regulation sets out the procedure according to which decisions  can be taken concerning the implementation of the same Regulation;
Whereas the measures provided for in this Decision are in accordance with the opinion of the  committee referred to in Article 16 of the aforesaid Regulation,
1.  The amount of methyl bromide controlled by Regulation (EC) No  3093/94 and indicated in group VI of Annex I thereto which may be released into free circulation in  the European Community in 1995 and which is produced within the Community or is imported from  sources outside the Community shall be 11  530 ODP weighted tonnes.
2.  The amount of hydrobromofluorocarbons controlled by Regulation (EC) No 3093/94 and indicated in  group VII of Annex I thereto which may be released into free circulation in the European Community  in 1995 and which is imported from sources outside the Community shall be 0,03 ODP weighted  tonnes.
3.  The amount of hydrochlorofluorocarbons controlled by Regulation (EC) No 3093/94 which may be  released into free circulation in the European Community in 1995 and which is produced in the  Community or which is imported from sources outside the Community shall be 7  655 ODP weighted  tonnes. When 80 per cent of this amount has been placed on the market or used for their own account  by producers and importers the balance will be subject to quotas as described in Article 4 (8) of  the aforesaid Regulation. The Commission will allocate these quotas in accordance with the  procedure laid down in Article 16 of the aforesaid Regulation.
1.  The amount of hydrochlorofluorocarbons controlled by Regulation (EC) No 3093/94 and  indicated in Annex 1 as reclaimed and recovered which may be released into free circulation in the  European Community in 1995 and which is imported from sources outside the Community shall be 814,89  ODP weighted tonnes.
2.  The amount of hydrochlorofluorocarbons controlled by Regulation (EC) No 3093/94 and indicated  in Annex 1 for feedstock purposes, for destruction by approved technologies or for production  transfers in the European Community in 1995 and which is imported from sources outside the  Community shall be 654,89 ODP weighted tonnes.
The allocation of import quotas for methyl bromide, hydrobromofluorocarbons and  hydrochlorofluorocarbons during the period 1 January to 31 December 1995 shall be in Annex 3  (1)  hereto.
The undertakings authorized to import controlled substances in accordance with the quantities set  out in Annex 3 are listed in Annex 2.
This Decision is addressed to the undertakings listed in Annex 2 hereto.