24.8.2005 Official Journal of the European Union L 219/47 COMMISSION DECISION of 23 August 2005 determining the quantities of methyl bromide permitted to be used for critical uses in the European Community from 1 January to 31 December 2005 pursuant to Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer (notified under document number C(2005) 468) (Only the Dutch, English, French, German, Greek, Italian, Polish, Portuguese and Spanish texts are authentic) (2005/625EC) 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 (1), and in particular Article 3(2)(ii) thereof, G) The Commission received 84 proposals for critical uses of methyl bromide from 10 Member States including Belgium (60 825 kg), France (467 135 kg), Germany (45 250 kg), Greece (227 280 kg), Italy (2 298 225 ko), Poland (44 100 kg), Portugal (130000 kg), Spain (1059000 kg), the Netherlands (120 kg) and the United Kingdom (140 408 kg). A total of 4 472 343 kg was requested, comprising 4 111 640 kg (92 %) for pre-harvest uses and 360 703 kg (8 %) for post-harvest uses of methyl bromide. The Commission applied the criteria contained within Decision IX/6 and Article 3(2)(ii) of Regulation (EC) No Whereas: 2037/2000 in order to determine the amount of methyl bromide that is eligible to be licensed for critical uses in 2005. The Commission found that adequate alternatives were available in the Community and had become more (1)  Articles 3(2)(i)(d) and 4(2)())(d) of Regulation (EC) No prevalent in many Parties to the Montreal Protocol in the 2037/2000 prohibit the production and import respec- tively of methyl bromide for all uses after 31 December 2004 except, among others, for critical uses in accordance with Article 3(2)(ii) and the criteria set out in Decision IX/6 of the Parties to the Montreal Protocol. Exemptions for critical uses are intended to be limited derogations to allow a short period of time for the adoption of alternatives. Decision IX/6 states that methyl bromide should qualify as ‘critical’ only if the applicant determines that the lack of availability of methyl bromide for that specific use would result in a significant market disruption; and that there are no technically and economically feasible alternatives or substitutes available to the user that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances of the nomination. Furthermore, the production and consumption, if any, of methyl bromide for critical uses should be permitted only if all technically and economically feasible steps have been taken to minimise the critical use and any associated emission of methyl bromide. An applicant should also demon- strate that an appropriate effort is being made to evaluate, commercialise and secure national regulatory approval of alternatives and substitutes; and that research programmes are in place to develop and deploy alternatives and substitutes. period since the critical use proposals were compiled by Member States. As a result, the Commission determined that 2 777 333 kg of methyl bromide can be used in 2005 to satisfy critical uses in each of these Member States. This amount equates to 14,4% of 1991 consumption of methyl bromide in the European Community and indicates that more than 85 % of the methyl bromide has been replaced by alternatives. The critical-use categories are similar to those defined in Annex II Table A of the reports of the First Extraordinary Meeting of the Parties to the Montreal Protocol (%), and in Table 1A of Decision XVI/2 at the Sixteenth Meeting of the Parties to the Montreal Protocol (). Article 3(2)(ii) of Regulation (EC) No 2037/2000 requires the Commission to also determine which users may take advantage of the critical use exemption. As Article 17(2) of Regulation (EC) No 2037/2000 requires Member States to define the minimum qualification requirements for personnel involved in the application of methyl bromide, and as fumigation is the only use, the Commission determined that methyl bromide fumigators are the only users proposed by the Member State and authorised by the Commission to use methyl bromide for critical uses. Fumigators are qualified to apply it safely, (%) UNEP/OzL.Pro.ExMP/[1/3. First Extraordinary Meeting of the Parties to the Montreal Protocol, held 24-26 March 2004 in Montreal, Canada. www.unep.org/ozone/Meeting_Documents/mop/index.asp (*) UNEP/OzL.Pro.16/Dec XVI/2. Sixteenth Meeting of the Parties to the Montreal Protocol, held 22-26 November 2004 in Prague, Czech Republic. www.unep.org/ozone () O] L 244, 29.9.2000, p. 1. Regulation as last amended by Commission Regulation (EC) No 2077/2004 (O] L 359, 4.12.2004, p. 28).