Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (recast) (Text with EEA relevance)

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Article 10U.K.Essential laboratory and analytical uses of controlled substances other than hydrochlorofluorocarbons

1.By way of derogation from Articles 4 and 5, controlled substances other than hydrochlorofluorocarbons may be produced, placed on the market and used for essential laboratory and analytical uses, subject to registration and licensing in accordance with this Article.

2.The [F1appropriate authority] shall, if appropriate, F2... determine any essential laboratory and analytical uses for which the production and import of controlled substances other than hydrochlorofluorocarbons may be permitted in [F3any part of Great Britain], the respective quantities, the period for which the exemption shall be valid and those users which may take advantage of those essential laboratory and analytical uses.

3.Controlled substances produced or placed on the market for essential laboratory and analytical uses may only be used for that purpose. As of 1 July 2010, containers containing such substances shall be labelled with a clear indication that the substance may only be used for laboratory and analytical uses. Where such substances are required to be labelled in accordance with Directive 67/548/EEC, Directive 1999/45/EC or Regulation (EC) No 1272/2008, such indication shall be included in the label referred to in those Directives or in the supplemental information part of the label as referred to in Article 25(3) of that Regulation.

The [F4appropriate authority may, by regulations,] determine the form and content of the label to be used. F5...

Controlled substances referred to in the first subparagraph shall only be placed on the market and further distributed under the conditions set out in Annex V. The [F6appropriate authority may, by regulations,] amend that Annex. F7...

4.Any undertaking using controlled substances other than hydrochlorofluorocarbons for essential laboratory and analytical uses shall register with the [F8appropriate regulator], indicating the substances being used, the purpose, the estimated annual consumption and the suppliers of those substances, and shall update that information when changes occur.

5.By the date specified in a notice issued by the [F9appropriate regulator], producers and importers supplying the undertaking referred to in paragraph 4 or using controlled substances for their own account shall declare to the [F9appropriate regulator] the foreseen demand for the period specified in the notice, specifying the nature and quantities of controlled substances needed.

6.The [F10appropriate regulator] shall issue licences to producers and importers of controlled substances, other than hydrochlorofluorocarbons, produced or imported for essential laboratory and analytical uses and shall notify them of the use for which they have authorisation and the substances and quantities thereof that they are authorised to place on the market or to use for their own account. The quantity annually authorised under licences for individual producers and importers shall not exceed 130 % of the annual average of the calculated level of controlled substances licensed for the producer or importer for essential laboratory and analytical uses in the years 2007 to 2009.

The total quantity annually authorised under licences, including licences for hydrochlorofluorocarbons under Article 11(2), shall not exceed [F1113.2 ODP tonnes]. Remaining quantities may be allocated to producers and importers which did not place on the market or use controlled substances, for their own account for essential laboratory and analytical uses in the years 2007 to 2009.

The [F12appropriate authority] shall determine a mechanism for the allocation of quotas to producers and importers [F13and publish the determination]. F14...

7.A producer may be authorised by the [F15appropriate authority] to produce the controlled substances referred to in paragraph 1 for the purpose of meeting the requests licensed in accordance with paragraph 6.

F16...

8.To the extent permitted by the Protocol, the [F17appropriate authority] may authorise that producer to produce or to exceed the calculated levels of production laid down in paragraph 6 in order to satisfy any essential laboratory and analytical uses of Parties at their request.

F18...

Textual Amendments

F1Words in Art. 10(2) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 9(2)(a) (with reg. 32); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in Art. 10(2) omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 9(2)(b) (with reg. 32); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 10(2) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 9(2)(c) (as amended by S.I. 2020/1616, regs. 1(2), 2(6)(a)) (with reg. 32); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 10(3) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 9(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 10(3) omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 9(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Art. 10(3) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 9(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in Art. 10(3) omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 9(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in Art. 10(4) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 9(4); 2020 c. 1, Sch. 5 para. 1(1)

F9Words in Art. 10(5) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 9(5); 2020 c. 1, Sch. 5 para. 1(1)

F10Words in Art. 10(6) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 9(6)(a); 2020 c. 1, Sch. 5 para. 1(1)