Article 9Placing on the market

1.The placing on the market of products and equipment containing, or whose functioning relies upon, fluorinated greenhouse gases, as listed in Annex II shall be prohibited as specified in that Annex.

2.Paragraph 1 shall not apply to products and equipment shown to be manufactured before the date of entry into force of the relevant placing on the market prohibition.

3.(a)Where a Member State has, by 31 December 2005, adopted national measures which are stricter than those laid down in this Article and which fall within the scope of this Regulation, concerning the placing on the market of products and equipment containing, or whose functioning relies upon, fluorinated greenhouse gases, that Member State may, subject to point (b), maintain those national measures until 31 December 2012.

(b)The Member State in question shall notify the national measures to the Commission, accompanied by justification in support of those measures, by 4 July 2007. Such measures must be compatible with the Treaty. The Commission shall provide to the Committee referred to in Article 12(1) relevant information on such measures.