19. 10. 96 Official Journal of the European Communities No L 267/27 COMMISSION DECISION of 8 October 1996 allocating quotas for the placing on the market in the Community for hydrochlorofluorocarbons for the period 1 January to 31 December 1996 (Only the German, Greek, English, French, Italian and Dutch texts are authentic) (Text with EEA relevance) (96/604/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 4 (8) and 7 (2) thereof, Whereas Article 4 (8) of Regulation (EC) No 3093/%4 defines the total calculated level of hydrochlorofluoro- carbons (HCFCs) which producers and importers may place on the market or use for their own account in the period 1 January to 31 December 1995 and in each 12-month-period thereafter; whereas this corresponds to a quantity of 8 079 ODP tonnes; Whereas the Commission is required, under Article 4 (8), in accordance with the procedure laid down in Article 16, to assign a quota to each producer or importer when the total quantity of HCFCs which producers and importers place on the market or use for their own account reaches 80 % of the quantity defined or at the latest on 1 January 2000, whichever comes first; Whereas, for the purposes of Article 4 (8), Article 17 (1) (b) requires producers and importers of HCFCs to communicate to the Commission at quarterly intervals their production of HCFCs placed on the market or used for their own account within, or imports into, the Community; Whereas the 80 % threshold has been reached in the year 1995; whereas it is likely that this will also be the case in 1996 and whereas it is therefore necessary to assign placing on the market quotas for the year 1996; Whereas it is appropriate to retain a part of the total quota for allocation to importers in the Community who are not engaged in the production of HCFCs; whereas, in 1995, the level of imports by non-producers reached about 2 % of the total quota available; whereas it is appropriate to provide for a reserve to accommodate addi- () OJ No L 333, 22. 12. 1994, p. 1. tional needs; whereas it is therefore appropriate to retain in total 3 % of the total quota for allocation to importers who are not engaged in the production of HCFCs, and as a reserve for allocation to HCFC producers in the Community to accommodate additional needs; whereas this corresponds to a quantity of 243 ODP tonnes; Whereas licences for the import of HCFCs by non- producing importers are issued by the Commission upon request by the importers concerned and the latter reserve is allocated by the Commission, in accordance with the procedure laid down in Article 16; Whereas the difference between the total calculated level of HCFCs which may be placed on the market in 1996 and the part retained for allocation to non-producing importers and as a reserve to support additional needs, is allocated to producers in the Community; whereas this corresponds to a quantity of 7836 ODP tonnes; Whereas the allocations of the placing on the market quotas for HCFCs are based on the principles of con- tinuity, equality and proportionality, and whereas, in esta- blishing the placing on the market quotas for producers in the Community, the Commission has been guided by the criteria to interfere with the market as little as possible and to reflect the overall objective of Regulation {EC) No 3093/94 to further reduce production and use of substances which damage the ozone layer; Whereas the placing on the market quotas for producers have been established on the basis of the market share which producers in the Community have reached in 1995, whereas it is appropriate to take 1995 as a base-year, given that this way was the first complete year when HCFCs began to effectively replace chlorofluorocarbons (CFCs) as production and placing on the market of CFCs were generally stopped in 1995 under the terms of Regu- lation (EC) No 3093/94; whereas the quantity of HCFCs to be allocated in 1996 exceeds the total quantity of HCFCs placed on the market in 1995; whereas it is there- fore necessary for the quota allocation to also take into account the difference between these two figures; whereas this corresponds to a quantity of 459,5 ODP tonnes;