31.10. 88 Official Journal of the European Communities No L 297/1 I | (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3322/88 of 14 October 1988 on certain chlorofluorocarbons and halons which deplete the ozone layer THE COUNCIL OF THE EUROPEAN COMMUNITIES, ‘Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof, Having regard to the proposal from the Commission, Having reéard to the opinion of the European Parliament (1), ‘ Having regard to the opinion of the Economic and Social Comittee (2), Whereas the Community together with several of its Member States signed, on 22 March 1985, the Vienna Convention for the protection of the ozone layer; Whereas it is established that continued emissions of certain chlorofluorocarbons and halons at current levels are likely to cause significant damage to the ozone layer; whereas there is aninternational consensus that significant reductions in both production and consumption of such substances are necessary; whereas Decisions 80/372/EEC () and 82/79S5/EEC (*) provide for controls which are of limited effect and which cover only two such substances (CFC 11 and CFC 12); ‘ . Whereas a Protocol supplementary to the Vienna Convention, the Montreal Protocol on substances that deplete the ozone layer, was negotiated and adopted on 16 September 1987; whereas the Protocol has been signed by the Community and by several of its Member States; Whereas in view of the responsibilities of the Community for the environment and trade, the Community has approved by (1) O] No C 187, 18. 7. 1988, p. 46. (2) O] No C 208, 8. 8. 1988, p. 3. (*) OJ No L 90, 3. 4. 1980, p. 45. (*) OJ No L 329, 25. 11. 1982, p. 29. Decision 88/540/EEC (°) the Vienna Convention and the Montreal Protocol; Whereas it is necessary for action to be taken at Community level to carry out the Community’s obligations under the Convention and the Protocol, in particular to control production and consumption within the Community of certain chlorofluorocarbons and halons; Whereas, in accordance with Article 130t of the Treaty, the adoption of such Community action will not prevent any Member State from maintaining or introducing more stringent measures for the protection of the environment compatible with the Treaty; Whereas bearing in mind the market structure for certain chlorofluorocarbons and halons, it is appropriate to control consumption of these substances by controlling supply rather than demand; whereas supply can be controlled by limiting sales and use by producers in the Community, and by limiting imports; Whereas it is necessary to keep under review the evolution of the market in chlorofluorocarbons and halons, particularly with regard to sufficient supply for essential uses, and the state of development of appropriate substitutes; Whereas the Protocol also requires certain restrictions to be imposed on trade with States which are not Parties to the . Protocol, and requires certain data to be reported; - Whereas additional Community measures may be needed to carry out the Community’s obligations under the Protocol in respect of research and development, and technical assistance; Whereas the reductions in production and consumption envisaged for the year 1 July 1998 to 30 June 1999 and in each period of 12 months thereafter will be reconsidered in the light of any decision of the Parties in accordance with Article 2 (4) of the Protocol, ‘ (%) See page 8 of thiS Official Journal.