30. 12. 95 Official Journal of the European Communities No L 316/45 COMMISSION COMMISSION DECISION of 20 December 1995 on the allocation of quantities of controlled substances allowed for essential uses in the Community in 1996 under Council Regulation (EC) No 3093/94 on substances that deplete the ozone layer (95/555/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3093/94 of 15 December 1994 ('), and in particular Articles 3, 4 and 7 thereof, Whereas, because of concerns for the ozone layer, the Community has decided to phase out certain controlled substances earlier than provided for in the Montreal Protocol commencing on 1 January 1995; Whereas Article 3 (1), (2), (3), (4), (5) and (7) of Regulation (EC) No 3093/94 states that the Commission shall deter- mine every year any essential uses which may be permitted in the Community and any quantities of controlled substances which may be produced, placed on the market or used for these purposes ; Whereas, pursuant to the abovementioned Regulation, those essential uses have to be decided for chlorofluoro- carbons (Articles 3 (1) and 4 (1)) ; other fully halogenated chlorofluorocarbons (Articles 3 (2) and 4 (2)); halons (Articles 3 (3) and 4 (3); carbon tetrachloride (Articles 3 (4) and 4 (4); 1,1,1-trichloroethane (Articles 3 (5) and 4 (5); and HBFCs (Articles 3 (7) and 4 (7)); Whereas the criteria used for assessing essential uses are in line with Decision IV/25 of the Parties to the Montreal Protocol and are : () OJ No L 333, 22. 12. 1994, p. 1. {a) that a use of a controlled substance should qualify as ‘essential’ only if : (i) it is a necessary for health or safety, or is critical for the functioning of society (including cultural and intellectual aspects); and (ii) there are no technically and economically feasible alternatives or substitutes that are acceptable envi- ronmentally or from the health point of view; (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, account also being taken of the needs of developing coun- tries for controlled substances; Whereas Decision VI/9 of the Parties to the Montreal Protocol authorizes the levels of production or consump- tion necessary to satisfy essential uses of controlled substances for (i) metered dose inhalers (MDIs) for the treatment of asthma and chronic obstructive pulmonary diseases (COPD) and for (ii) laboratory and analytical uses as specified in Annex I to this Decision; Whereas the same Decision VI/9 also commits Parties to endeavouring to minimize use and emissions by all possible means; whereas in the case of MDIs, these means include educating physicians and patients about other treatment options and making real efforts to elimi- nate or recapture emissions from filling and testing consistent with national laws and regulations ;