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Commission Decision of 5 September 2005 on the allocation of import quotas for controlled substances for the period 1 January to 31 December 2005 under Regulation (EC) No 2037/2000 of the European Parliament and of the Council (notified under document number C(2005) 2036) (Only the Dutch, English, French, German, Greek, Italian, Polish, Slovenian and Spanish texts are authentic) (2005/0000/EC)

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Commission Decision

of 5 September 2005

on the allocation of import quotas for controlled substances for the period 1 January to 31 December 2005 under Regulation (EC) No 2037/2000 of the European Parliament and of the Council

(notified under document number C(2005) 2036)

(Only the Dutch, English, French, German, Greek, Italian, Polish, Slovenian and Spanish texts are authentic)

(2005/0000/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer(1), and in particular to Article 7 thereof,

Whereas:

(1) The quantitative limits for the placing on the market in the Community of controlled substances are set out in Article 4 of Regulation (EC) No 2037/2000 and Annex III thereto.

(2) Article 4(2)(i)(d) of Regulation (EC) No 2037/2000 prohibits each producer and importer placing any methyl bromide on the market or using any for their own account after 31 December 2004. Article 4(4)(i)(b) allows a derogation from this prohibition if methyl bromide is used to meet the licensed requests for critical uses of those users identified as described in Article 3(2)(ii). The quantity of methyl bromide licensed for critical uses for the period 1 January to 31 December 2005 is published in a separate Commission decision.

(3) Article 4(2)(iii) allows a derogation from Article 4(2)(i)(d) if methyl bromide is imported or produced for quarantine and pre-shipment (QPS) applications. The amount of methyl bromide that can be imported or produced for these purposes in 2005 must not exceed the average of the calculated level of methyl bromide which a producer or importer placed on the market or used for its own account for QPS in the years 1996, 1997 and 1998.

(4) Article 4(3)(i)(e) of Regulation (EC) No 2037/2000 sets out the total calculated level of hydrochlorofluorocarbons which producers and importers may place on the market or use for their own account in the period 1 January to 31 December 2005.

(5) The Commission has published a notice to importers in the Community of controlled substances that deplete the ozone layer(2) and has thereby received declarations on intended imports in 2005.

(6) For hydrochlorofluorocarbons the allocation of quotas to producers and importers is in accordance with the provisions of Commission Decision 2002/654/EC of 12 August 2002 determining a mechanism for the allocation of quotas to producers and importers for hydrochlorofluorocarbons for the years 2003 to 2009 under Regulation (EC) No 2037/2000 of the European Parliament and of the Council(3).

(7) Decision 2004/176/EC on the allocation of quantities of controlled substances in 2004 expired on 31 December 2004. In view of the experience gained in this decision and its associated licensing and for the purpose of ensuring that interested companies and operators may continue to benefit in due time from the licensing system, it is appropriate that the present decision shall apply from 1 January 2005.

(8) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18(2) of Regulation (EC) No 2037/2000,

HAS ADOPTED THIS DECISION:

(1)

OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Commission Regulation (EC) No 2077/2004 (OJ L 359, 4.12.2004, p. 28).

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