Commission Decision of 27 March 2007 determining a mechanism for the allocation of quotas to producers and importers of hydrochlorofluorocarbons for the years 2003 to 2009 under Regulation (EC) No 2037/2000 of the European Parliament and of the Council (notified under document number C(2007) 819_2) (Only the Dutch, English, Estonian, Finnish, French, Hungarian, German, Greek, Italian, Lithuanian, Polish, Slovenian, Spanish and Swedish texts are authentic) (2007/195/EC)

Commission Decision

of 27 March 2007

determining a mechanism for the allocation of quotas to producers and importers of hydrochlorofluorocarbons for the years 2003 to 2009 under Regulation (EC) No 2037/2000 of the European Parliament and of the Council

(notified under document number C(2007) 819_2)

(Only the Dutch, English, Estonian, Finnish, French, Hungarian, German, Greek, Italian, Lithuanian, Polish, Slovenian, Spanish and Swedish texts are authentic)

(2007/195/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 Article 4(3)(ii) thereof,

Whereas:

(1) Community measures, as in particular contained in Council Regulation (EC) No 3093/94 of 15 December 1994 on substances that deplete the ozone layer(2) which was replaced by Regulation (EC) No 2037/2000, have led over several years to a reduction of overall consumption of hydrochlorofluorocarbons (HCFCs).

(2) In the context of that reduction, quotas for individual producers and importers were fixed based on historical market shares and calculated by reference to the ozone depleting potential of those substances.

(3) Since 1997 the market for those substances in respect of different uses has been stable. Almost two-thirds of the HCFCs were used for the production of foam until this use of HCFCs was banned on 1 January 2003.

(4) In order to not disadvantage users of HCFCs making non-foam products from 1 January 2003 which would occur if the allocation system were to be based on historical market share of the use of HCFCs for foam products, it is appropriate to provide for a new allocation mechanism for the use of HCFCs after that date for the manufacture of non-foam products. For 2004 to 2009, the allocation system considered most appropriate was that based solely on the average, historical market share of HCFCs used for non-foam production.

(5) While it is appropriate to limit the quotas available to each importer to their respective percentage market share in 1999 and for each importer in the Member States that acceded on the 1 May 2004 to the average of its percentage market share in 2002 and 2003, provision should also be made to reallocate to registered HCFCs importers any import quota which has not been claimed and allocated in a given year.

(6) Commission Decision 2005/103/EC(3) which determined 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 should be amended in order to take account of a revised base date for producers and importers in the Member States that acceded on the 1 May 2004 and the increased quota for hydrochlorofluorocarbons (Group VIII) in Annex III to Regulation (EC) No 2037/2000, as amended by the 2005 Act of Accession and the historical market share of undertakings in the Member States that acceded on the 1 January 2007.

(7) In the interests of legal clarity and transparency Decision 2005/103/EC should therefore be replaced.

(8) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18(1) of Regulation (EC) No 2037/2000,

HAS ADOPTED THIS DECISION:

(1)

OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 published in OJ L 363, 20.12.2006, p. 1.

(2)

OJ L 333, 22.12.1994, p. 1.

(3)

OJ L 33, 5.2.2005, p. 65.