L 19/18 Official Journal of the European Communities 26.1.1999 COMMISSION DECISION of 11 January 1999 on the allocation of quantities of controlled substances allowed for essential uses in the Community in 1999 under Council Regulation (EC) No 3093/94 on substances that deplete the ozone layer (notified under document number C(1998) 4564) (Only the Spanish, German, English, French, Italian, Dutch and Finnish texts are authentic) (Text with EEA relevance) (1999/59/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 on substances that deplete the ozone layer ('), and in particular Articles 3, 4 and 7 thereof, Whereas, because of concerns for the ozone layer, the Community has already phased out the production and consumption of certain controlled substances; Whereas essential uses have to be decided for chloroflu- orocarbons (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 as follows: 1. that a use of a controlled substance should qualify as ‘essential’ only if: (a) it is necessary for the health, safety, or is critical for the functioning of society (encompassing cultural and intellectual aspects); and (b) there are no technically and economically feasible alternatives or substitutes that are acceptable from the standpoint of environment and health; 2. that production and consumption, if any, of a controlled substance for essential uses should be permitted only if: (a) all economically feasible steps have been taken to minimise the essential use and any associated emission of the controlled substance; and () OJ L 333, 22. 12. 1994, p. 1. (b) 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 needs of developing countries for controlled substances; Whereas Decision IX/18 of the Parties to the Montreal Protocol authorises the levels of production and consumption necessary to satisfy essential uses of controlled substances for metered dose inhalers (MDIs) for the treatment of asthma and chronic obstructive pulmonary disease (COPD); Whereas Decision IX/17 of the Parties to the Montreal Protocol authorises the production and consumption necessary to satisfy essential uses of controlled substances for laboratory and analytical uses as listed in Annex IV to the report of the seventh meeting of the Parties, subject to the conditions set out in Annex II to the report of the sixth meeting of the Parties and in Decision VII/11; Whereas the Commission has published a notice (?) to those companies in the European Community which use controlled substances that may be allowed for essential uses in the Community in 1999 pursuant to Council Regulation (EC) No 3093/94, and has thereby received applications for quantities of controlled substances for essential uses in 1999; Whereas, in the framework of the Montreal Protocol nomination and assessment procedures for essential uses, Parties are requested to identify the users who may take advantage of essential uses in 1999; Whereas the Commission issues licenses to the users identified pursuant to Articles 3, 4 and 7 and in accord- ance with the procedure set out in Article 16 of Council Regulation (EC) No 3093/94; () OJ C 242, 1. 8. 1998, p. 11.