22.7.2004   

EN

Official Journal of the European Union

C 187/11

I.

This Notice is addressed to undertakings that intend to import the following substances into the European Community from sources outside the European Community from 1 January 2005 to 31 December 2005.

II.

Article 7 of Regulation (EC) No 2037/2000 requires that quantitative limits be determined and quotas allocated to producers and importers for 1 January 2005 to 31 December 2005 in accordance with the procedure referred to in Article 18(2) for the import of the substances listed under Groups I to IX of Annex I to this Notice (2).

Quotas shall be allocated for:

The quantitative limit, which producers and importers may place on the market and/or use for their own account within the European Community in 2005, is calculated:

III.

Undertakings engaged in the importation of HCFCs can be either:

IV.

The quantities imported from 1 January 2005 to 31 December 2005 are subject to import licences. In accordance with Article 6 of the Regulation, undertakings may import the controlled substances only if they are in possession of an import licence issued by the Commission.

V.

Under Article 22 of the Regulation, the importation of new substance listed in Annex II of the Regulation is prohibited, except for feedstock uses.

VI.

For the purposes of the Regulation, quantities of substances are measured according to their ozone depleting potential (3).

VII.

The Commission hereby gives notice to an undertaking that is not in possession of a quota for 2004 and who wishes to apply to the Commission for an import quota from 1 January 2005 to 31 December 2005, to make itself known to the Commission no later than 3 September 2004.

VIII.

Enterprises with a quota in 2004 should make a declaration by completing and submitting the relevant form(s) on page http://europa.eu.int/comm/environment/ods/index.htm of EUROPA internet site. Only applications received by 3 September 2004 will be considered by the Commission.

A copy of the application should also be sent to the competent authority of the Member State (see Annex II).

IX.

Once the applications have been received, they will be considered by the European Commission and import quotas will be set for each importer and producer in consultation with the Article 18 Management Committee. The allocated quota will be available on the ODS website http://europa.eu.int/comm/environment/ods/home/home.cfm and all applicants will have the Decision notified by post.

X.

In order to import controlled substances in 2005, undertakings in receipt of a quota must apply to the Commission via the ODS website for an import licence using the import licence application. Provided the Commission services are satisfied that the request is in accordance with the quota authorised and conforms to the requirements of Regulation (EC) No 2037/2000, an import licence will be issued. The Commission reserves the right to withhold an import licence when the substance to be imported is not as described or may not be used for the purposes authorised or cannot be imported in compliance with Regulation.

XI.

Producers who import recovered or reclaimed substances, if any, are required to submit additional information with each licence application regarding the source and destination of the substance, and the processing to be undertaken. A certificate of analysis may also be requested. Importers are obliged to have destruction facilities and therefore the owner of the destruction facility would be expected to apply for the licence to import ODS for destruction.