L 219/22 Official Journal of the European Communities 14.8.2001 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 30 April 2001 allocating import quotas for substances controlled under Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer for the period 1 January to 31 December 2001 (notified under document number C(2000) 4418) (Only the Spanish, German, Greek, English, French, Italian, Dutch, Portuguese and Swedish texts are authentic) (Text with EEA relevance) (2001/628/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 Euro- pean 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) Article 7 of Regulation (EC) No 2037/2000 requires that the release for free circulation in the Community of controlled substances imported from third countries shall be subject to quantitive limits. Those limits shall be determined and quotas allocated to undertakings for the period 1 January to 31 December 1999 and for each 12-month period thereafter in accordance with the procedure referred to in Article 18(2). Such quotas shall only be set for methyl bromide and hydrochlorofluoro- carbons (HCFCs), and for controlled substances used for essential or critical uses, in quarantine and pre-shipment applications, as feedstock, as process agents or for destruction. The quantitative limits for the placing on the market in the Community of controlled substances are set out in Article 4 and Annex III to Regulation (EC) No 2037/ 2000. (") OJ L 244, 29.9.2000, p. 1; as last amended by Regulation (EC) No 2038/2000 (O] L 244, 29.9.2000, p. 25) and Regulation (EC) No 2039/2000 (O] L 244 of 29.9.2000, p. 26). () Any modification of these quantitative limits may not lead to Community consumption of controlled substances exceeding the quantitative limits established according to the Montreal Protocol on substances that deplete the ozone layer. Article 4(2) of Regulation (EC) No 2037/2000 defines the total calculated level of methyl bromide which producers and importers may place on the market or use for their own account for a given 12-month period, from 1 January to 31 December 2001. Article 4(3) of Regulation (EC) No 2037/2000 defines the total calculated level of CFCS which producers and importers may place on the market or use for their own account for a given 12-month period, from 1 January to 31 December 2001. The Commission has published a notice to importers in the European Community of controlled substances that deplete the ozone layer (}) and has thereby received applications for import quotas. For non quarantine and pre-shipment uses of methyl bromide, the import quotas are allocated to the primary importers, considered by the Commission to be the importers who deal directly by way of invoicing with the producers outside the Community. A reserve of 5 % of each importers quota of methyl bromide is retained for allocation during 2001 in accordance with the Article 18(2) procedure. () O] C 224, 5.8.2000, p. 3.