L 109/32 Official Journal of the European Union 19.4.2008 COMMISSION COMMISSION DECISION of 25 March 2008 determining the quantities of methyl bromide permitted to be used for critical uses in the Community from 1 January to 31 December 2008 under Regulation (EC) No 2037/2000 of the European Parliament and of the Council on Substances that Deplete the Ozone Layer (notified under document number C(2008) 1053) (Only the Polish and Spanish texts are authentic) (2008/320/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 European Parliament and of the Council of 29 June 2000 on Substances that Deplete the Ozone Layer (') and in particular Article 3(2)(ii) thereof, of the nomination. Furthermore, the production and consumption, if any, of methyl bromide for critical uses should be permitted only if all technically and economically feasible steps have been taken to minimise the critical use and any associated emission of methyl bromide. An applicant should also demon- strate that an appropriate effort is being made to evaluate, commercialise and secure national regulatory approval of alternatives and substitutes; and that research programmes are in place to develop and deploy alternatives and substitutes. (3)  The Commission received six proposals for critical uses of methyl bromide from two Member States totalling Whereas: 245146 kg, ie. from Poland (12 995 kg) and Spain (232151 ko). (1)  Articles 3(2)(i)(d) and 4(2)(i)(d) of Regulation (EC) No 2037/2000 prohibit the production, import ~and (4)  The Commission applied the criteria contained within placing on the market of methyl bromide for all uses after 31 December 2004 except, among others (?), for critical uses in accordance with Article 3(2)(ii) and with the criteria set out in Decision IX[6 of the Parties to the Montreal Protocol, together with any other relevant criteria agreed by the Parties. Exemptions for critical uses are intended to be limited derogations to allow a short period of time for the adoption of alternatives. Decision IX/6 states that methyl bromide should qualify as ‘critical’ only if the applicant determines that the lack of availability of methyl bromide for that specific use would result in a significant market disruption; and that there are no technically and economically feasible alternatives or substitutes available to the user that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances () O] L 244, 29.9.2000, p. 1. Regulation as last amended by Decision 1X/6 and Article 3(2)(ii) of Regulation (EC) No 2037/2000 in order to determine the amount of methyl bromide that is eligible to be licensed for critical uses in 2008. The Commission in consultation with Member States found that adequate alternatives were available in the Community and had become more prevalent in many Parties to the Montreal Protocol in the period since the critical use proposals were compiled by Member States. As a result, the Commission determined that 212 671 kg of methyl bromide can be used in 2008 to satisfy critical uses in each of the Member States that had requested the use of methyl bromide. This amount equates to 1,1 % of 1991 consumption of methyl bromide in the European Community and indicates that more than 98,9 % of the methyl bromide has been replaced by alternatives. The critical-use cate- gories are in line with to those defined in Table A of Decision XIX/9 at the Nineteenth Meeting of the Parties to the Montreal Protocol (). (}) UNEP/OzL.Pro.19/7: Report of the Nineteenth Meeting of the Parties Commission Decision 2007/540/EC (O] L 198, 31.7.2007, p. 35). (%) Other uses are for quarantine and pre-shipment, as feedstock and for laboratory and analytical uses. to the Montreal Protocol on Substances that Deplete the Ozone Layer, held on 17 to 21 September 2007 in Montreal: http://ozone.unep.org/Meeting_Documents/mop/index.shtml