No L 350/126 Official Journal of the European Communities 31. 12. 94 COMMISSION DECISION _ of 20 December 1994 on the allocation of quantities of controlled substances allowed for essential uses in the Community in 1995, under Council Regulation (EEC) No 594/91, as amended, on substances that deplete the ozone layer (94/827/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, especially Article 130s, Having regard to Council Regulation (EEC) No 594/91 of 4 March 1991 on substances that deplete the ozone layer (') as amended through Decision (EEC) No 3952/92 (3, Whereas because of state of the concern for the ozone layer the Commission has decided to phase out certain controlled substances earlier than in the Montreal Protocol commencing on 1 January 1995; Whereas Regulation (EEC) No 594/91 as amended states the Commission shall determine any essential uses which may be permitted in the Community after 31 December 1994 and any quantities of controlled substances which may be produced, placed on the market or used for their own account by producers for these purposes; Whereas those essential uses have to be decided for chlo- rofluorocarbons, as per Articles 10 (1) and 11 (1), fully halogenated chlorofluorocarbons, as per Articles 10 (2) and 11 (2), halons, as per Articles 10 (3) and 11 (3), carbon tetrachloride, as per Articles 10 (4) and 11 (4) of Regula- tion (EEC) No 594/91; Whereas the criteria applied to assessing essential uses are in line with Decision IV/25 of the Fourth Meeting of the Parties to the Montreal Protocol and are : (a) that a use of a controlled substance should qualify as ‘essential’ only if : . (i) it is necessary for the health, safety or is critical for the functioning of society (encompassing cultural and intellectual aspects); and (ii) there are no available ‘technically and economi- cally feasible alternatives or substitutes that are acceptable from the standpoint of environment and health ; () OJ No L 67, 14. 3. 1991, p. 1. () OJ No L 405, 31. 12. 1992, p. 41. (b) that production and consumption, if any, of a controlled substance for essential uses should be permitted only if : ' (i) all economically feasible steps have been taken to minimize the essential use and associated emission of the controlled substance ; and (ii) the controlled substance is not available in suffi- cient quantity and quality from existing stocks of banked or recycled controlled substances, also _ bearing in mind the developing countries’ need for controlled substances ; Whereas the Commission has published Decision 94/563/EC (}) on the quantities of controlled substances allowed for essential uses in the Community determined on the basis of limited applications from Member States which were considered to meet the essential use criteria in line with the above mentioned Montreal Protocol Decision IV/25; Whereas the Commission has published a notice to users in the Buropean Community of controlled substances allowed for essential uses in the Community in 1995 (% regarding Council Regulation (EEC) No 594/91, as amended, and has thereby received applications for quan- tities of controlled substances for essential uses for 1995 ; Whereas in the framework of the Montreal Protocol nomination and assessment procedures for essential uses, Parties are requested to identify those users who may take advantage of those essential uses in 1995; Whereas the Council’s common position of the 8 June 1994 on the Commission Proposal COM(93) 202 final (°) foresees in Articles 3, 4 and 7 a procedure whereby the requirements for essential uses can be met accordingly and the Commission shall issue licences to those users identified, according to Article 7, and in accordance with the Committee procedure set out in Article 12 of Regula- tion (EEC) No 594/91; () OJ No L 215, 20. 8. 1994, p. 21. () O] No C 253, 10. 9. 1994, p. 4. () OJ No C 301, 27. 10. 1994, p. 1.