F1This Regulation shall apply to the production, importation, exportation, placing on the market, use, recovery, recycling and reclamation and destruction of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide, hydrobromofluorocarbons, hydrochlorofluorocarbons and bromochloromethane, to the reporting of information on these substances and to the importation, exportation, placing on the market and use of products and equipment containing those substances.

This Regulation shall also apply to the production, importation, placing on the market and use of substances in Annex II.

For the purposes of this Regulation:

• ‘Protocol’ means the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer, as last amended and adjusted,

• ‘Party’ means any party to the Protocol,

• ‘State not party to the Protocol’, with respect to a particular controlled substance, includes any State or regional economic integration organisation that has not agreed to be bound by the provisions of the Protocol applicable to that substance,

• F1‘controlled substances’ means chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide, hydrobromofluorocarbons, hydrochlorofluorocarbons and bromochloromethane, whether alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed. This definition shall not cover any controlled substance which is in a manufactured product other than a container used for the transportation or storage of that substance, or insignificant quantities of any controlled substance, originating from inadvertent or coincidental production during a manufacturing process, from unreacted feedstock, or from use as a processing agent which is present in chemical substances as trace impurities, or that is emitted during product manufacture or handling,

• ‘chlorofluorocarbons’ (CFCs) means the controlled substances listed in Group I of Annex I, including their isomers,

• ‘other fully halogenated chlorofluorocarbons’ means the controlled substances listed in Group II of Annex I, including their isomers,

• ‘halons’ means the controlled substances listed in Group III of Annex I, including their isomers,

• ‘carbon tetrachloride’ means the controlled substance specified in Group IV of Annex I,

• ‘1,1,1-trichloroethane’ means the controlled substance specified in Group V of Annex I,

• ‘methyl bromide’ means the controlled substance specified in Group VI of Annex I,

• ‘hydrobromofluorocarbons’ means the controlled substances listed in Group VII of Annex I, including their isomers,

• F2‘bromochloromethane’ means the controlled substance indicated in Group IX of Annex I,

• ‘hydrochlorofluorocarbons’ (HCFCs) means the controlled substances listed in Group VIII of Annex I, including their isomers,

• ‘new substances’ means substances listed in Annex II. This definition shall cover substances whether alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed. This definition shall not cover any substance which is in a manufactured product other than a container used for transportation or storage of that substance, or insignificant quantities of any new substance, originating from inadvertent or coincidental production during a manufacturing process or from unreacted feedstock,

• ‘feedstock’ means any controlled substance or new substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition and whose emissions are insignificant,

• F3‘processing agent’ means controlled substances used as chemical processing agents in those applications listed in Annex VI, in installations existing on 1 September 1997, and where emissions are insignificant. The Commission shall, in the light of those criteria, and in accordance with the management procedure referred to in Article 18(2), establish a list of undertakings in which the use of controlled substances as processing agents shall be permitted, laying down maximum emission levels for each of the undertakings concerned,

  In the light of new information or technical developments, including the review provided for in Decision X/14 of the Meeting of the Parties to the Protocol, the Commission may:

  1. (a)

     amend the list of undertakings referred to above in accordance with the management procedure referred to in Article 18(2),

  2. (b)

     amend Annex VI. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3),

• ‘producer’ means any natural or legal person manufacturing controlled substances within the Community,

• ‘production’ means the amount of controlled substances produced, less the amount destroyed by technologies approved by the Parties and less the amount entirely used as feedstock or as a processing agent in the manufacture of other chemicals. No amount recovered, recycled or reclaimed shall be considered as ‘production’,

• ‘ozone-depleting potential’ means the figure specified in the third column of Annex I representing the potential effect of each controlled substance on the ozone layer,

• ‘calculated level’ means a quantity determined by multiplying the quantity of each controlled substance by its ozone-depleting potential and by adding together, for each group of controlled substances in Annex I separately, the resulting figures,

• ‘industrial rationalisation’ means the transfer either between Parties or within a Member State of all or a portion of the calculated level of production of one producer to another, for the purpose of optimising economic efficiency or responding to anticipated shortfalls in supply as a result of plant closures,

• ‘placing on the market’ means the supplying or making available to third persons, against payment or free of charge, of controlled substances or products containing controlled substances covered by this Regulation,

• ‘use’ means the utilisation of controlled substances in the production or maintenance, in particular refilling, of products or equipment or in other processes except for feedstock and processing agent uses,

• ‘reversible air-conditioning/heat pump system’ means a combination of interconnected refrigerant-containing parts constituting one closed refrigeration circuit, in which the refrigerant is circulated for the purpose of extracting and rejecting heat (i.e. cooling, heating), processes which are reversible in that the evaporators and condensers are designed to be interchangeable in their functions,

• ‘inward processing’ means a procedure provided for in Article 114(1) (a) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code7,

• ‘recovery’ means the collection and the storage of controlled substances from, for example, machinery, equipment and containment vessels during servicing or before disposal,

• ‘recycling’ means the reuse of a recovered controlled substance following a basic cleaning process such as filtering and drying. For refrigerants, recycling normally involves recharge back into equipment as is often carried out on site,

• ‘reclamation’ means the reprocessing and upgrading of a recovered controlled substance through such processes as filtering, drying, distillation and chemical treatment in order to restore the substance to a specified standard of performance, which often involves processing off site at a central facility,

• ‘undertaking’ means any natural or legal person who produces, recycles for placing on the market or uses controlled substances for industrial or commercial purposes in the Community, who releases such imported substances for free circulation in the Community, or who exports such substances from the Community for industrial or commercial purposes.