Introductory text

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^f1, and in particular Article 7 thereof,

Whereas:

The quantitative limits for the placing on the market in the Community of controlled substances are set out in Article 4 of Regulation (EC) No 2037/2000 and Annex III thereto.

Article 4(2)(c) of Regulation (EC) No 2037/2000 sets out the total calculated level of methyl bromide which producers and importers may place on the market or use for their own account in the period 1 January to 31 December 2004, and in each 12-month period thereafter.

Article 4(3)(d) of Regulation (EC) No 2037/2000 sets out the total calculated level of hydrochlorofluorocarbons which producers and importers may place on the market or use for their own account in the period 1 January to 31 December 2004.

The Commission has published a notice to importers in the Community of controlled substances that deplete the ozone layer^f2 and has thereby received declarations on intended imports in 2004. It has published a further notice for the 10 Member States acceding on the 1 May 2004 and has received declarations of intended imports for the period 1 May 2004 to 31 December 2004^f3.

For hydrochlorofluorocarbons the allocation of quotas to producers and importers is in accordance with the provisions of Commission Decision 2002/654/EC of 12 August 2002 determining a mechanism for the allocation of quotas to producers and importers for hydrochlorofluorocarbons for the years 2003 to 2009 under Regulation (EC) No 2037/2000 of the European Parliament and of the Council^f4.

Commission Decision 2004/176/EC of 20 January 2004 on the allocation of import quotas for controlled substances for the period 1 January to 31 December 2004 under Regulation (EC) No 2037/2000 of the European Parliament and of the Council^f5 should be amended to take account of increased quantitative limits in Annex III to Regulation (EC) No 2037/2000 as amended by the 2003 Act of Accession^f6, due to the accession of 10 new Member States on 1 May 2004. This increase in the amount of controlled substances that can be placed on the market then needs to be allocated.

In the interests of legal clarity and transparency Decision 2004/176/EC should therefore be replaced. In view of the experience gained in this decision and its associated licensing and for the purpose of ensuring that interested companies and operators may continue to benefit in due time from the licensing system, it is appropriate that the present decision shall apply from 1 May 2004.

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18(1) of Regulation (EC) No 2037/2000,

HAS ADOPTED THIS DECISION: