Commission Decision

of 29 May 2007

on the allocation of import quotas for controlled substances for the period 1 January to 31 December 2007 under Regulation (EC) No 2037/2000 of the European Parliament and of the Council

(notified under document number C(2007) 2107)

(Only the Bulgarian, Dutch, English, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovenian and Spanish texts are authentic)

(2007/382/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) of Regulation (EC) No 2037/2000 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) of that Regulation. The quantity of methyl bromide licensed for critical uses for the period 1 January to 31 December 2007 will be published in a separate Commission decision.

(3) Article 4(2)(iii) of Regulation (EC) No 2037/2000 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 2007 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(4)(i) of Regulation (EC) No 2037/2000 allows a derogation from Article 4(2) if methyl bromide is imported for destruction or if it is imported for feedstock use.

(5) 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 2007.

(6) 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 2007.

(7) For hydrochlorofluorocarbons the allocation of quotas to producers and importers is in accordance with the provisions of Commission Decision 2007/195/EC of 27 March 2007 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 Parliament and of the Council(3).

(8) For the purpose of ensuring that operators and companies benefit from allocated import quotas in due time and thereby ensure the necessary continuity of their operations, it is appropriate that this Decision should apply from 1 January 2007.

(9) 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:

Article 1U.K.

1.The quantity of controlled substances of Group I (chlorofluorocarbons 11, 12, 113, 114 and 115) and Group II (other fully halogenated chlorofluorocarbons) subject to Regulation (EC) No 2037/2000 which may be released for free circulation in the Community in 2007 from sources outside the Community shall be 6 323 800 ozone depleting potential (ODP) kilograms.

2.The quantity of controlled substances of Group III (halons) subject to Regulation (EC) No 2037/2000 that may be released for free circulation in the Community in 2007 from sources outside the Community shall be 9 849 000 ODP kilograms.

3.The quantity of controlled substances of Group IV (carbon tetrachloride) subject to Regulation (EC) No 2037/2000 that may be released for free circulation in the Community in 2007 from sources outside the Community shall be 1 341 330 ODP kilograms.

4.The quantity of controlled substances of Group V (1,1,1-trichloroethane) subject to Regulation (EC) No 2037/2000 that may be released for free circulation in the Community in 2007 from sources outside the Community shall be 400 060 ODP kilograms.

5.The quantity of controlled substances of Group VI (methyl bromide) subject to Regulation (EC) No 2037/2000 which may be released for free circulation in the Community in 2007 from sources outside the Community for quarantine and pre-shipment uses, for feedstock and destruction shall be 1 545 646 ODP kilograms.

6.The quantity of controlled substances of Group VII (hydrobromofluorocarbons) subject to Regulation (EC) No 2037/2000 for feedstock which may be released for free circulation in the Community in 2007 from sources outside the Community shall be 73 ODP kilograms.

7.The quantity of controlled substances of Group VIII (hydrochlorofluorocarbons) subject to Regulation (EC) No 2037/2000 that may be released for free circulation in the Community in 2007 from sources outside the Community shall be 2 811 286,639 ODP kilograms.

8.The quantity of controlled substances of Group IX (bromochloromethane) subject to Regulation (EC) No 2037/2000 that may be released for free circulation in the Community in 2007 from sources outside the Community shall be 156 012 ODP kilograms.

Article 2U.K.

1.The allocation of import quotas for chlorofluorocarbons 11, 12, 113, 114 and 115 and other fully halogenated chlorofluorocarbons during the period 1 January to 31 December 2007 shall be for the purposes indicated and to the companies indicated in Annex I.

2.The allocation of import quotas for halons during the period 1 January to 31 December 2007 shall be for the purposes indicated and to the companies indicated in Annex II.

3.The allocation of import quotas for carbon tetrachloride during the period 1 January to 31 December 2007 shall be for the purposes indicated and to the companies indicated in Annex III.

4.The allocation of import quotas for 1,1,1-trichloroethane during the period 1 January to 31 December 2007 shall be for the purposes indicated and to the companies indicated in Annex IV.

5.The allocation of import quotas for methyl bromide during the period 1 January to 31 December 2007 shall be for the purposes indicated and to the companies indicated in Annex V.

6.The allocation of import quotas for hydrobromofluorocarbons during the period 1 January to 31 December 2007 shall be for the purposes indicated and to the companies indicated in Annex VI.

7.The allocation of import quotas for hydrochlorofluorocarbons during the period 1 January to 31 December 2007 shall be for the purposes indicated and to the companies indicated in Annex VII.

8.The allocation of import quotas for bromochloromethane during the period 1 January to 31 December 2007 shall be for the purposes indicated and to the companies indicated in Annex VIII.

9.The import quotas for chlorofluorocarbons 11, 12, 113, 114 and 115, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide, hydrobromofluorocarbons, hydrochlorofluorocarbons and bromochloromethane during the period 1 January to 31 December 2007 shall be as set out in Annex IX.

Article 3U.K.

This Decision shall apply from 1 January 2007 and shall expire on 31 December 2007.

Article 4U.K.

This Decision is addressed to the following undertakings:

Done at Brussels, 29 May 2007.

For the Commission

Stavros Dimas

Member of the Commission

ANNEX IU.K.GROUPS I AND II

Import quotas for chlorofluorocarbons 11, 12, 113, 114 and 115 and other fully halogenated chlorofluorocarbons allocated to importers in accordance with Regulation (EC) No 2037/2000 for feedstock uses and for destruction during the period 1 January to 31 December 2007.

CompanyU.K.

ANNEX IIU.K.GROUP III

Import quotas for halons allocated to importers in accordance with Regulation (EC) No 2037/2000 for critical uses and for destruction during the period 1 January to 31 December 2007.

CompanyU.K.

ANNEX IIIU.K.GROUP IV

Import quotas for carbon tetrachloride allocated to importers in accordance with Regulation (EC) No 2037/2000 for feedstock uses and for destruction for the period 1 January to 31 December 2007.

CompanyU.K.

ANNEX IVU.K.GROUP V

Import quotas for 1,1,1–trichloroethane allocated to importers in accordance with Regulation (EC) No 2037/2000 for feedstock uses and for destruction for the period 1 January to 31 December 2007.

CompanyU.K.

ANNEX VU.K.GROUP VI

Import quotas for methyl bromide allocated to importers in accordance with Regulation (EC) No 2037/2000 for quarantine and pre-shipment applications, for feedstock uses and for destruction for the period 1 January to 31 December 2007.

CompanyU.K.

ANNEX VIU.K.GROUP VII

Import quotas for hydrobromofluorocarbons allocated to importers in accordance with Regulation (EC) No 2037/2000 for feedstock uses for the period 1 January to 31 December 2007.

CompanyU.K.

Hovione Farmaciencia SA (PT)

ANNEX VIIU.K.GROUP VIII

Import quotas for hydrochlorofluorocarbons allocated to producers and importers in accordance with Regulation (EC) No 2037/2000 and in accordance with the provisions of Commission Decision 2007/195/EC and for feedstock uses, process agents, for reclamation, for destruction and other applications allowed under Article 5 of Regulation (EC) No 2037/2000 for the period 1 January to 31 December 2007.

ProducerU.K.

ImporterU.K.

ANNEX VIIIU.K.GROUP IX

Import quotas for bromochloromethane allocated to importers in accordance with Regulation (EC) No 2037/2000 for feedstock uses during the period 1 January to 31 December 2007.

CompanyU.K.

ANNEX IXU.K.

(This Annex is not published because it contains confidential commercial information).

(1)

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