[F11. The release for free circulation in the Community or inward processing of controlled substances shall be subject to the presentation of an import licence. Such licences shall be issued by the Commission after verification of compliance with Articles 6, 7, 8 and 13. The Commission shall forward a copy of each licence to the competent authority of the Member State into which the substances concerned are to be imported. Each Member State shall appoint a competent authority for that purpose. Controlled substances listed in groups I, II, III, IV, V and IX as listed in Annex I shall not be imported for inward processing.]
2.The licence, when related to an inward-processing procedure, shall be issued only if the controlled substances are to be used in the customs territory of the Community under the system of suspension provided for in Article 114(2) (a) of Regulation (EEC) No 2913/92, and under the condition that the compensating products are re-exported to a State where the production, consumption or import of that controlled substance is not prohibited. The licence shall only be issued following approval of the competent authority of the Member State in which the inward-processing operation is to take place.
3.A request for a licence shall state:
(a)the names and the addresses of the importer and the exporter;
(b)the country of exportation;
(c)the country of final destination if controlled substances are to be used in the customs territory of the Community under the inward-processing procedure as referred to in paragraph 2;
(d)a description of each controlled substance, including:
(d)the commercial description,
the description and the CN code as laid down in Annex IV,
the nature of the substance (virgin, recovered or reclaimed),
the quantity of the substance in kilograms;
(e)the purpose of the proposed import;
(f)if known, the place and date of the proposed importation and, where relevant, any changes to these data.
4.The Commission may require a certificate attesting the nature of substances to be imported.
5.The Commission may, in accordance with the procedure referred to in Article 18(2), modify the list of items mentioned in paragraph 3 and Annex IV.
Textual Amendments
F1 Substituted by Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane.
The release for free circulation in the Community of controlled substances imported from third countries shall be subject to quantitative limits. Those limits shall be determined and quotas allocated to undertakings for the period 1 January to 31 December 1999 and for each 12-month period thereafter in accordance with the procedure referred to in Article 18(2). They shall be allocated only:
for controlled substances of groups VI and VIII as referred to in Annex I;
for controlled substances if they are used for essential or critical uses or for quarantine and preshipment applications;
for controlled substances if they are used for feedstock or as processing agents; or
to undertakings having destruction facilities for recovered controlled substances if the controlled substances are used for destruction in the Community by technologies approved by the Parties.
The release for free circulation in the Community or inward processing of controlled substances imported from any State not party to the Protocol shall be prohibited.
1.The release for free circulation in the Community of products and equipment containing controlled substances imported from any State not Party to the Protocol shall be prohibited.
2.A list of products containing controlled substances and of Combined Nomenclature codes is given in Annex V for guidance of the Member States' customs authorities. The Commission may, in accordance with the procedure referred to in Article 18(2), add to, delete items from or amend this list in the light of the lists established by the Parties.
In the light of the decision of the Parties, the Council shall, on a proposal from the Commission, adopt rules applicable to the release for free circulation in the Community of products which were produced using controlled substances but do not contain substances which can be positively identified as controlled substances, imported from any State not party to the Protocol. The identification of such products shall comply with periodical technical advice given to the Parties. The Council shall act by a qualified majority.
[F11. Exports from the Community of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, hydrobromofluorocarbons and bromochloromethane or products and equipment, other than personal effects, containing those substances or whose continuing function relies on supply of those substances shall be prohibited. This prohibition shall not apply to exports of:]
(a)controlled substances produced under Article 3(6) to satisfy the basic domestic needs of Parties pursuant to Article 5 of the Protocol;
(b)controlled substances produced under Article 3(7) to satisfy essential or critical uses of Parties;
(c)products and equipment containing controlled substances produced under Article 3(5) or imported under Article 7(b);
[F1(d) recovered, recycled and reclaimed halon stored for critical uses in facilities authorised or operated by the competent authority to satisfy critical uses listed in Annex VII until 31 December 2009 , and products and equipment containing halon to satisfy critical uses listed in Annex VII. By 1 January 2005 , the Commission shall undertake a review of exports of such recovered, recycled and reclaimed halon for critical uses and, in accordance with the procedure referred to in Article 18(2), shall take a decision, if appropriate, to prohibit such exports earlier than 31 December 2009 ;]
(e)controlled substances to be used for feedstock and processing agent applications[F2;]
[F3(f) metered dose inhalers and delivery mechanisms containing chlorofluorcarbons for hermetically sealed devices for implantation in the human body for delivery of measured doses of medication which, under Article 4(1), may be given a temporary authorisation in accordance with the procedure referred to in Article 18(2) [F1;] ]
[F4(g) used products and equipment that contain rigid insulating foam or integral skin foam which have been produced with chlorofluorocarbons. This exemption does not apply to:
[F4(g) refrigeration and air-conditioning equipment and products;
refrigeration and air-conditioning equipment and products which contain chlorofluorocarbons used as refrigerants, or whose continuing function relies on the supply of chlorofluorocarbons used as refrigerants, in other equipment and products;
building insulation foam and products.]
2.Exports from the Community of methyl bromide to any State not party to the Protocol shall be prohibited.
3.From 1 January 2004, exports from the Community of hydrochlorofluorocarbons to any State not party to the Protocol shall be prohibited. The Commission shall, in accordance with the procedure referred to in Article 18(2), examine the above date in the light of relevant international developments under the Protocol and modify it as appropriate.
[F44. From 31 December 2003 , exports from the Community of halon for critical uses not from storage facilities authorised or operated by the competent authority to store halon for critical uses shall be prohibited.]
Textual Amendments
F1 Substituted by Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane.
F2 Substituted by Regulation (EC) No 2038/2000 of the European Parliament and of the Council of 28 September 2000 amending Regulation (EC) No 2037/2000 on substances that deplete the ozone layer, as regards metered dose inhalers and medical drug pumps.
F3 Inserted by Regulation (EC) No 2038/2000 of the European Parliament and of the Council of 28 September 2000 amending Regulation (EC) No 2037/2000 on substances that deplete the ozone layer, as regards metered dose inhalers and medical drug pumps.
F4 Inserted by Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane.
[F11. Exports from the Community of controlled substances shall be subject to authorisation. Such export authorisation shall be issued by the Commission to undertakings for the period 1 January to 31 December 2001 and for each 12-month period thereafter after verification of compliance with Article 11. Provisions governing the export authorisation of halon as a controlled substance are set out in paragraph 4. The Commission shall forward a copy of each export authorisation to the competent authority of the Member State concerned.]
2.An application for an export authorisation shall state:
(a)the name and address of the exporter and of the producer, where it is not the same;
(b)a description of the controlled substance(s) intended for export, including:
(b)the commercial description,
the description and the CN code as laid down in Annex IV,
the nature of the substance (virgin, recovered or reclaimed);
(c)the total quantity of each substance to be exported;
(d)the country/countries of final destination of the controlled substance(s);
(e)the purpose of the exports.
3.Each exporter shall notify the Commission of any changes which might occur during the period of validity of the authorisation in relation to the data notified under paragraph 2. Each exporter shall report to the Commission in accordance with Article 19.
[F44. Exports from the Community of halon, and products and equipment containing halon, to satisfy critical uses listed in Annex VII shall be subject to authorisation for the period 1 January to 31 December 2004 and each 12-month period thereafter. Such export authorisation shall be issued by the Commission to the exporter after verification of compliance with Article 11(1)(d) by the competent authority of the Member State concerned. An application for an export authorisation shall record:
the name and address of the exporter,
a commercial description of the export,
the total quantity of halon,
the country/countries of final destination of the products and equipment,
a declaration that the halon is to be exported for a specific critical use listed in Annex VII,
any further information deemed necessary by the competent authority.]
Textual Amendments
F1 Substituted by Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane.
F4 Inserted by Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane.
By way of derogation from Articles 8, 9(1), 10, 11(2) and (3), trade with any State not party to the Protocol in controlled substances and products which contain or are produced by means of one or more such substances may be authorised by the Commission, to the extent that the State not party to the Protocol is determined by a meeting of the Parties to be in full compliance with the Protocol and has submitted data to that effect as specified in Article 7 of the Protocol. The Commission shall act in accordance with the procedure referred to in Article 18(2) of this Regulation.
1.Subject to any decision taken under paragraph 2, Articles 8, 9, 11(2) and (3) shall apply to any territory not covered by the Protocol as they apply to any State not party to the Protocol.
2.Where the authorities of a territory not covered by the Protocol are in full compliance with the Protocol and have submitted data to that effect as specified in Article 7 of the Protocol, the Commission may decide that some or all of the provisions of Articles 8, 9 and 11 of this Regulation shall not apply in respect of that territory.
The Commission shall take its decision in accordance with the procedure referred to in Article 18(2).
The Commission shall immediately notify the Member States of any measures it adopts pursuant to Articles 6, 7, 9, 12, 13 and 14.