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 layer1, 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 layer2. 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: