Commission Implementing Decision

of 14 December 2011

on the determination of quantities and the allocation of quotas for substances controlled under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, for the period 1 January to 31 December 2012

(notified under document C(2011) 9196)

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

(2011/873/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer(1), and in particular to Articles 10(2) and 16 thereof,

Whereas:

(1) The release for free circulation in the Union of imported controlled substances is subject to quantitative limits as set out in Article 16 of Regulation (EC) No 1005/2009.

(2) Furthermore, the Commission is required to determine the quantities of controlled substances other than hydrochlorofluorocarbons that may be used for essential laboratory and analytical uses, and the companies that may use them.

(3) The determination of the allocated quotas for essential laboratory and analytical uses has to ensure that the quantitative limits set out in Article 10(6) are respected, applying Commission Regulation (EU) No 537/2011 of 1 June 2011 on the mechanism for the allocation of quantities of controlled substances allowed for laboratory and analytical uses in the Union under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer(2). As those quantitative limits include quantities of hydrochlorofluorocarbons licensed for laboratory and analytical uses, the production and import of hydrochlorofluorocarbons for those uses should also be covered by that allocation.

(4) The Commission has published a notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2012 and undertakings intending to request for 2012 a quota for these substances intended for laboratory and analytical uses (2011/C 75/05)(3), and has thereby received declarations on intended imports in 2012.

(5) The quantitative limits and quotas should be determined for the period 1 January to 31 December 2012, in line with the annual reporting cycle under the Montreal Protocol on Substances that Deplete the Ozone Layer.

(6) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 25(1) of Regulation (EC) No 1005/2009,

HAS ADOPTED THIS DECISION:

Article 1U.K.Quantities for release for free circulation

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 1005/2009 which may be released for free circulation in the Union in 2012 from sources outside the Union shall be 11 185 000 ozone depleting potential (ODP) kilograms.

2.The quantity of controlled substances of group III (halons) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 15 761 510 ODP kilograms.

3.The quantity of controlled substances of group IV (carbon tetrachloride) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 8 800 220 ODP kilograms.

4.The quantity of controlled substances of group V (1,1,1-trichloroethane) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 1 000 015 ODP kilograms.

5.The quantity of controlled substances of group VI (methyl bromide) subject to Regulation (EC) No 1005/2009 which may be released for free circulation in the Union in 2012 from sources outside the Union shall be 889 320 ODP kilograms.

6.The quantity of controlled substances of group VII (hydrobromofluorocarbons) subject to Regulation (EC) No 1005/2009 which may be released for free circulation in the Union in 2012 from sources outside the Union shall be 1 065,8 ODP kilograms.

7.The quantity of controlled substances of group VIII (hydrochlorofluorocarbons) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 4 581 681,8 ODP kilograms.

8.The quantity of controlled substances of group IX (bromochloromethane) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 294 012 ODP kilograms.

Article 2U.K.Allocation of quotas for release for free circulation

1.The allocation of quotas for chlorofluorocarbons 11, 12, 113, 114 and 115 and other fully halogenated chlorofluorocarbons during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex I.

2.The allocation of quotas for halons during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex II.

3.The allocation of quotas for carbon tetrachloride during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex III.

4.The allocation of quotas for 1,1,1-trichloroethane during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex IV.

5.The allocation of quotas for methyl bromide during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex V.

6.The allocation of quotas for hydrobromofluorocarbons during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex VI.

7.The allocation of quotas for hydrochlorofluorocarbons during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex VII.

8.The allocation of quotas for bromochloromethane during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex VIII.

9.The individual quotas for undertakings shall be as set out in Annex IX.

Article 3U.K.Quotas for laboratory and analytical uses

The quotas for importing and producing controlled substances for laboratory and analytical uses in the year 2012 shall be allocated to the undertakings listed in Annex X.

The maximum quantities that may be produced or imported in 2012 for laboratory and analytical uses allocated to these undertakings are set out in Annex XI.

Article 4U.K.Period of validity

This Decision shall apply from 1 January 2012 and shall expire on 31 December 2012.

Article 5U.K.Addressees

This Decision is addressed to the following undertakings:

Done at Brussels, 14 December 2011.

For the Commission

Connie Hedegaard

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 1005/2009 for feedstock uses and process agent uses during the period 1 January to 31 December 2012.

Company U.K.

Honeywell Fluorine Products Europe (NL)

Mexichem UK (UK)

Solvay Solexis (IT)

Syngenta Crop Protection (UK)

Tazzetti (IT)

TEGA Technische Gase und Gastechnik (DE)

ANNEX IIU.K. GROUP III

Import quotas for halons allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses and critical uses during the period 1 January to 31 December 2012.

Company U.K.

Ateliers Bigata (FR)

BASF Agri Product (FR)

ERAS Labo (FR)

Eusebi Impianti (IT)

Eusebi Service (IT)

Fire Fighting Enterprises Ltd (UK)

Halon & Refrigerant Services (UK)

LPG Tecnicas en Extinción de Incendios (ES)

Poz-Pliszka (PL)

Safety Hi-Tech (IT)

Savi Technologie (PL)

Total Feuerschutz (DE)

ANNEX IIIU.K. GROUP IV

Import quotas for carbon tetrachloride allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2012.

Company U.K.

Dow Deutschland (DE)

Mexichem UK (UK)

Solvay Fluores France (FR)

ANNEX IVU.K. GROUP V

Import quotas for 1,1,1–trichloroethane allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2012.

Company U.K.

Arkema (FR)

Fujifilm Electronic Materials Europe (BE)

ANNEX VU.K. GROUP VI

Import quotas for methyl bromide allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2012.

Company U.K.

Albemarle Europe (BE)

ALFA Agricultural Supplies (EL)

ICL-IP Europe (NL)

Mebrom (BE)

Sigma Aldrich Chemie (DE)

ANNEX VIU.K. GROUP VII

Import quotas for hydrobromofluorocarbons allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2012.

Company U.K.

ABCR Dr Braunagel (DE)

Albany Molecular Research (UK)

Hovione Farmaciencia (PT)

R.P. Chem (IT)

Sicor SRL (IT)

Sterling (IT)

ANNEX VIIU.K. GROUP VIII

Import quotas for hydrochlorofluorocarbons allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses and process agent uses for the period 1 January to 31 December 2012.

Company U.K.

Aesica Queenborough (UK)

Arkema France (FR)

Arkema Quimica (ES)

Bayer CropScience (DE)

DuPont de Nemours (NL)

Dyneon (DE)

Honeywell Fluorine Products Europe (NL)

Mexichem UK (UK)

Solvay Fluor (DE)

Solvay Specialty Polymers France SAS (FR)

Solvay Solexis (IT)

Tazzetti (IT)

ANNEX VIIIU.K. GROUP IX

Import quotas for bromochloromethane allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2012.

Company U.K.

Albemarle Europe (BE)

ICL-IP Europe (NL)

Laboratorios Miret (ES)

Sigma Aldrich Chemie (DE)

Thomas Swan & Co. (UK)

ANNEX IXU.K.

(Commercially sensitive — in confidence — not to be published)

ANNEX XU.K. Undertakings entitled to produce or import for laboratory and analytical uses

The quota of controlled substances which may be used for laboratory and analytical uses, are allocated to:

Company U.K.

Airbus Operations (FR)

Arkema France SA (FR)

Harp International Ltd (UK)

Honeywell Fluorine Products Europe BV (NL)

Honeywell Specialty Chemicals GmbH (DE)

LGC Standards GmbH (DE)

Mebrom NV (BE)

Merck KGaA (DE)

Mexichem UK Ltd (UK)

Ministry of Defence (NL)

Panreac Quimica SLU (ES)

Sigma Aldrich Chemie (DE)

Sigma Aldrich Chimie SARL (FR)

Sigma Aldrich Company Ltd (UK)

Tazzetti SpA (IT)

ANNEX XIU.K.

(Commercially sensitive — in confidence — not to be published)