HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 147/4
EN
Official Journal of the European Union
2.6.2011
COMMISSION REGULATION (EU) No 537/2011
of 1 June 2011
on the mechanism for the allocation of quantities of controlled substances allowed for laboratory
and analytical uses in the Union under Regulation (EC) No 1005/2009 of the European Parliament
and of the Council on substances that deplete the ozone layer
THE EUROPEAN COMMISSION,
(3) The
difference
to
the
maximum
quantity
of
110
ODP
tonnes (32 756,819 ODP kilograms), as well as the
Having regard to the Treaty on the Functioning of the European
quantities for which no declarations have been
Union,
submitted by the undertakings which produced or
imported under licence in the years 2007 to 2009,
Having regard to Regulation (EC) No 1005/2009 of the
should be allocated to undertakings for which no
European Parliament and of the Council of 16 September
production or import licences were issued in the
2009 on Substances that Deplete the Ozone Layer (
reference period 2007 to 2009. The allocation

1 ), and in
particular the third subparagraph of Article 10(6) thereof,
mechanism should ensure that all undertakings
requesting a new quota receive an appropriate share of
the quantities to be allocated.
Whereas:
(1) The
mechanism
for
the
allocation
of
quantities
of (4) The
measures
provided
for
in
this
Regulation
are
controlled substances allowed for laboratory and
in accordance with the opinion of the Committee
analytical uses should ensure that the quantity annually
established by Article 25(1) of Regulation (EC)
authorised under licences for individual producers and
No 1005/2009,
importers does not exceed 130 % of the annual average
of the calculated level of controlled substances licensed
for the producer or importer for essential laboratory and
HAS ADOPTED THIS REGULATION:
analytical uses in the years 2007 to 2009 and that the
total quantity annually authorised under licences,
including licences for hydrochlorofluorocarbons under
Article 1
Article 11(2) of Regulation (EC) No 1005/2009, shall
not exceed 110 ozone-depleting potential (hereinafter
The quotas for controlled substances for laboratory and
‘ODP’) tonnes.
analytical uses shall be allocated to producers and importers
to which no production or import license was issued in the
years 2007 to 2009 in accordance with the mechanism set out
(2) The
total
quantities
of
controlled
substances
allowed
for in the Annex.
laboratory and analytical uses for the undertakings which
produced or imported under license in the years 2007 to
2009 cannot exceed 77 243,181 ODP kilograms, being
Article 2
calculated on the basis of the licensed production and
imports in the reference period.
This Regulation shall apply from 1 January 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 June 2011.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 286, 31.10.2009, p. 1.

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EN
2.6.2011 Official
Journal
of
the
European
Union L
147/5
ANNEX
Allocation mechanism
1. Determination of the quantity for allocation to undertakings for which no production or import of controlled substances for
essential laboratory and analytical uses had been licensed in the years 2007 to 2009 (new undertakings)
Each undertaking for which production or import of controlled substances for essential laboratory and analytical uses was
licensed in the years 2007 to 2009 receives a quota corresponding to the quantity requested in its declaration referred to
in Article 10(5) of Regulation (EC) No 1005/2009, but which shall not exceed 130 % of the annual average of the
calculated level of controlled substances licensed for this undertaking in the years 2007 to 2009.
The sum of these allocations is subtracted from 110 ODP tonnes to determine the quantity to be allocated to new
undertakings (quantity for allocation in Phase 1).
2. Phase
1
Each new undertaking receives an allocation corresponding to the quantity requested in its declaration, but no more than
a pro rata share of the allocation quantity for Phase 1. The pro rata share is calculated by dividing 100 by the number of
new undertakings. The sum of the quotas allocated in Phase 1 is subtracted from the quantity for allocation in Phase 1 to
determine the allocation quantity for Phase 2.
3. Phase
2
Each new undertaking, which in Phase 1 has not obtained 100 % of the quantity requested in its declaration, receives an
additional allocation corresponding to the difference between the quantity requested and the quantity obtained in Phase 1,
but which shall not exceed the pro rata share of the quantity for allocation in Phase 2. The pro rata share is calculated by
dividing 100 by the number of new undertakings eligible for an allocation in Phase 2. The sum of the quotas allocated in
Phase 2 is subtracted from the quantity for allocation in Phase 2 to determine the allocation quantity for Phase 3.
4. Phase
3
Phase 2 is repeated analogously until the remaining quantity for allocation in the subsequent Phase is smaller than
1 ODP tonne.

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