18.7.2007   

EN

Official Journal of the European Union

C 164/37

I.

This Notice concerns the following substances:

II.

This notice is addressed to users that intend to:

III.

Controlled substances for essential uses may be obtained from production within the Community and, if necessary, by import from sources outside the Community.

IV.

Decision IV/25 of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer sets out criteria and a procedure for determining ‘essential uses’ for which continued production and consumption are allowed after phase-out.

V.

Article 3(1) of Regulation (EC) No 2037/2000 of the European Parliament and of the Council (1) requires the determination of quantities for essential uses of the above-mentioned controlled substances which may be permitted in the Community in 2008 if no adequate alternatives are available and in accordance with Decision IV/25 of the Parties to the Montreal Protocol.

VI.

The Parties to the Montreal Protocol may take a Decision in September 2007 that authorises the maximum levels of production and consumption necessary to satisfy essential uses of CFCs in 2007 for metered dose inhalers (MDIs) for the treatment of asthma and chronic obstructive pulmonary diseases as specified in Annex I, subject to the conditions established by the Meeting of the Parties in paragraph 2 of its Decision VII/28.

VII.

Decision XV/8 of the Parties to the Montreal Protocol authorises the production and consumption necessary to satisfy essential uses of controlled substances listed in Annexes A, B and C (Group II and III substances) of the Montreal Protocol for laboratory and analytical uses as listed in Annex IV to the report of the Seventh Meeting of the Parties, subject to the conditions set out in Annex II to the report of the Sixth Meeting of the Parties.

VIII.

In accordance with Decision X/19 of the Parties to the Montreal Protocol, the purity of controlled substances for laboratory and analytical uses should be at least 99,0 % for 1,1,1-trichloroethane and 99,5 % for CFCs and carbon tetrachloride. These high purity substances and mixtures containing controlled substances shall be supplied only in re-closable containers or high pressure cylinders smaller than three litres or in 10 millilitre or smaller glass ampoules, marked clearly as substances that deplete the ozone layer, restricted to laboratory and analytical uses and specifying that used or surplus substances should be collected and recycled wherever possible. The material should be destroyed following the procedures described in Article 16(1) of the Regulation if recycling is not practical.

IX.

Adopted in December 2005, Decision XVII/10 of the Parties to the Montreal Protocol authorises the production and consumption necessary to satisfy essential uses of methyl bromide, the controlled substance listed in Annexe E (Group I substances) of the Montreal Protocol, for laboratory and analytical uses as listed in Annex IV to the report of the Seventh Meeting of the Parties, subject to the conditions set out in Annex II to the report of the Sixth Meeting of the Parties. The categories of permitted laboratory and analytical critical use of methyl bromide are listed in paragraph 2 of Decision XVIII/15. The uses listed in sub-paragraphs (a) and (c) of paragraph 6 of Decision VII/11 and Decision XI/15 are excluded from the allowed laboratory and analytical uses.

X.

More information, including the texts of the relevant Decisions quoted here above (Decisions IV/25, XI/15, XV/8, XVI/16 XVII/10 and XVIII/15) can be found at:

http://ec.europa.eu/environment/ozone/pdf/2006_lab.pdf

XI.

The procedure for allocating quantities of controlled substances for the above essential uses carried out under the Regulation (EC) No 2037/2000 and Regulation (EC) No 2038/2000 of the European Parliament and the Council (2) is the following:

For Laboratory Uses, each applicant should apply by completing the relevant form online via the ODS-database available at:

http://ec.europa.eu/environment/ozone/ods.htm

In addition to the online submission a signed print of the import declaration form needs to be sent to the Commission:

A copy of the application should also be sent to the competent authority of the Member State (refer to Annex II for appropriate address).

XII.

Only applications received by 1 September 2007 will be considered by the Commission.

XIII.

The Commission will issue quotas to those users and shall notify them of the use for which they have authorisation, the substance they are authorised to use and the quantity of the controlled substances concerned.

XIV.

Following the above procedure, the Commission on the basis of a Decision will notify applicants of the quantities of controlled substances authorised in the Community for 2008 for which production and importation of controlled substances will be permitted.

XV.

Those users holding an essential use quota for a controlled substance for 2007 will be able to make a request to a Community producer via the ODS-database or, if necessary, request an import licence from the Commission for a controlled substance up to their quota limit. The producer must be authorised by the competent authority of the Member State in which its relevant production is situated to produce the controlled substance for meeting that licensed demand. The competent authority of the Member State shall notify the Commission well in advance of any such authorisation.