L 94/28 Official Journal of the European Communities 11.4.2002 COMMISSION DECISION of 7 March 2002 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 2002 (notified under document number C(2002) 867) (Text with EEA relevance) (2002/273[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 ('), as amended by Regulation (EC) No 2038/2000 (3, and Regulation (EC) 2039/ 2000 (%), and in particular to Article 7 thereof, Whereas: 1) Article 7 requires that the release for free circulation in the Community of controlled substances imported from third countries shall be subject to quantitative 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  hydrochlorofluorocarbons  (HCFCs), and for controlled substances used for essential or critical uses, in quarantine and pre-shipment applications, as feed- stock, 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 IIL 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) 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 2002. Article 4(3) defines the total calculated level of HCFCs which producers and importers may place on the 244, 29.9.2000, p. 1. oj L 0] L 244, 29.9.2000, p. 25. oj L 244, 29.9.2000, p. 26. ®) (10) market or use for their own account for a given 12- month period, from 1 January to 31 December 2002. The Commission has published a notice to importers in the European Community of controlled substances that deplete the ozone layer () and has thereby received declarations on intended imports in 2002. 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; whereas a reserve of 3,75% and an emergency reserve of 1,25 % of each importer's quota of methyl bromide is retained for allo- cation during 2002 in accordance with the Article 18(2) procedure. For 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; whereas a reserve of 10 % of each importer's quota of methyl bromide is retained for allocation during 2002 in accordance with the Article 18(2) procedure. For HCFCs the allocation of individual quotas to produ- cers and importers is based on the principles of continuity, equality and proportionality. In establishing quotas, the Commission has been guided by the need to reduce further the production, import and use of ozone- depleting substances and interfering in the market as little as possible. It is appropriate to retain part of the total calculated level of HCFC that can be placed on the market for allocation to importers in the Community who are not engaged in the production of HCFCs. In 1998, 1999, 2000 and 2001, the level of imports was 4 % of the total calculated level of HCFCs available to be placed on the market. It is appropriate in 2002 to retain 4 % of the total quantity of HCFCs available to place on the market () O] C 205, 21.7.2001, p. 7.