Regulation (EC) No 1005/2009 of the European Parliament and of the CouncilShow full title

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)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),

Whereas:

(1) Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer(3) has been substantially amended several times. Since further amendments are to be made, it should be recast in the interests of clarity.

(2) It is established that continued emissions of ozone-depleting substances (ODS) cause significant damage to the ozone layer. There is clear evidence of a decrease in the atmospheric burden of ODS and some early signs of stratospheric ozone recovery have been observed. However, the recovery of the ozone layer to the concentrations level existing before 1980 is not projected to take place before the middle of the 21st century. Increased UV-B radiation resulting from ozone depletion therefore persists as a significant threat to health and environment. At the same time, most of these substances have high global warming potential and are contributory factors towards increasing the temperature of the planet. Further efficient measures need therefore to be taken in order to protect human health and the environment against adverse effects resulting from such emissions and to avoid risking further delay in the recovery of the ozone layer.

(3) In view of its responsibilities for the environment and trade, the Community, pursuant to Council Decision 88/540/EEC(4), has become a Party to the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter ‘the Protocol’).

(4) Many ODS are greenhouse gases but are not controlled under the United Nations Framework Convention for Climate Change and its Kyoto Protocol on the assumption that the Protocol will phase out ODS. Despite progress made by the Protocol, the task of phasing out ODS still needs to be completed in the European Union and globally, whilst bearing in mind that at present many alternatives to ODS have a high global warming potential. It is therefore necessary to minimise and eliminate the production and use of ODS wherever technically feasible alternatives with low global warming potential are available.

(5) Additional measures for the protection of the ozone layer were adopted by the Parties to the Protocol, most recently at their meeting in Montreal in September 2007 and in Doha in November 2008. It is necessary for action to be taken at Community level to comply with the Community’s obligations under the Protocol and in particular to implement the accelerated phase out of hydrochlorofluorocarbons with due consideration to the risks of phasing in alternatives with high global warming potential.

(6) Following the concerns stated in the 2006 Report of the Scientific Assessment Panel related to the accelerating growth of production and consumption of hydrochlorofluorocarbons in developing countries, the Parties to the Protocol in 2007 adopted Decision XIX/6 at their 19th Meeting providing for an accelerated phase-out schedule for hydrochlorofluorocarbons. Following that Decision the production phase-out date should be brought forward from 2025 to 2020.

(7) Under Regulation (EC) No 2037/2000, as from 2010, virgin hydrochlorofluorocarbons can no longer be used for the maintenance or servicing of refrigeration and air conditioning equipment. In order to minimise the risk of illegal use of virgin hydrochlorofluorocarbons as recycled or reclaimed material, only reclaimed or recycled material should be used in maintenance or servicing operations. The re-selling of recycled hydrochlorofluorocarbons should be prohibited, and recycled hydrochlorofluorocarbons should only be used when recovered from such equipment and only by the undertaking which carried out or mandated the recovery. For consistency this exemption should also apply to heat pump equipment.

(8) In view of the wide availability of technologies and alternative substances for replacing ODS, it is appropriate in certain cases to provide for control measures which are stricter than those provided for in Regulation (EC) No 2037/2000 and stricter than those in the Protocol.

(9) Under Regulation (EC) No 2037/2000 the production and placing on the market of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, hydrobromofluorocarbons, bromochloromethane and methyl bromide have been phased out and the placing on the market of those substances and of products and equipment containing those substances is thus prohibited. It is now also appropriate to progressively generalise the ban on the use of those substances for the maintenance or servicing of such equipment.

(10) Even after the phase out of controlled substances the Commission should, under certain conditions, grant exemptions for essential laboratory and analytical uses. In particular, Decision X/14 of the Parties to the Protocol establishes criteria for granting of exemptions for those uses. The Commission should be empowered to establish conditions for essential laboratory and analytical uses. To avoid an increase in the quantities used for these purposes, producers and importers should not be allowed to significantly increase the quantities placed on the market. Specific conditions decided by the Parties for the placing on the market of substances for those uses should be integrated into this Regulation to ensure compliance with them.

(11) The availability of alternatives to methyl bromide has been reflected in more substantial reductions in its production and consumption compared to the Protocol, as well as in Commission Decision 2008/753/EC of 18 September 2008 concerning the non-inclusion of methyl bromide in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance(5) and in Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market(6). The exemption for critical uses of methyl bromide should cease completely whilst temporarily allowing the possibility to grant a derogation in emergency situations in the case of unexpected pests or disease outbreaks where such emergency use is to be permitted under Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(7) and Directive 98/8/EC. In such cases measures to minimise emissions, such as the use of virtually impermeable films for soil fumigation, should be specified.

(12) In view of Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market(8), which banned the use of methyl bromide as a biocide by 1 September 2006, and Decision 2008/753/EC, which banned the use of methyl bromide as a plant protection product by 18 March 2010, the use of methyl bromide for quarantine and pre-shipment applications should also be banned by 18 March 2010.

(13) The Protocol, in Article 2F(7), requires the Parties to endeavour to ensure that the use of hydrochlorofluorocarbons is limited to those applications where more environmentally suitable alternative substances or technologies are not available. In view of the availability of alternative and substitute technologies, the placing on the market and use of hydrochlorofluorocarbons as well as of products and equipment containing or relying on hydrochlorofluorocarbons can be further limited. Decision VI/13 of the Parties to the Protocol provides that the evaluation of alternatives to hydrochlorofluorocarbons should take into account such factors as ozone-depleting potential, energy efficiency, potential flammability, toxicity, global warming potential and the potential impacts on the effective use and phase out of chlorofluorocarbons and halons. The Parties concluded in that decision that hydrochlorofluorocarbon controls under the Protocol should be considerably tightened to protect the ozone layer and to reflect the availability of alternatives.

(14) Control measures regarding products and equipment containing controlled substances should be extended to products and equipment relying on those substances in order to prevent circumventions of the restrictions under this Regulation. By covering additionally products and equipment for which the design, the use or the proper functioning requires the presence of a controlled substance, a potential opportunity to place on the market, import or export products or equipment which do not contain controlled substances at that moment, but which would have to be refilled at a later date, is eliminated. Furthermore, exemptions for products and equipment manufactured before the entry into force of the control measures should be removed as they are no longer relevant and might constitute a risk of illegal placing on the market or trade.

(15) Controlled substances as well as products and equipment containing or relying on controlled substances from States not party to the Protocol should not be imported. Furthermore, the export of products and equipment containing or relying on hydrochlorofluorocarbons after the entry into force of a ban on use of those products and equipment or of controlled substances for their maintenance or servicing in the Community should be prohibited in order to avoid the building-up of banks of those substances in countries where sufficient destruction facilities are not available.

(16) The licensing system for controlled substances includes the authorisation of exports of controlled substances, in order to improve the monitoring of and control of trade in ODS and to allow for exchange of information between Parties. That licensing system should be extended to products and equipment containing or relying on controlled substances.

(17) To improve the monitoring and control of trade the licensing should cover not only the entry of goods into the customs territory for release for free circulation in the Community but also the entry under other customs procedures or for customs-approved treatments and uses. Transit through the customs territory of the Community, temporary storage, customs warehousing and the free zone procedure should still be possible without licensing in order to avoid unnecessary burdens on operators and customs authorities. Shipments to or from a territory of a Member State that is not part of the customs territory of the Community or not covered by this Regulation, but which is covered by the Member State’s ratification of the Protocol should not create unnecessary burdens to Member States in relation to licensing and reporting provided that the obligations of this Regulation and the Protocol are complied with.

(18) Before issuing import and export licences the Commission should be enabled to verify with the competent authorities of the third country concerned whether the intended transaction would comply with the requirements applicable in that country, in order to avoid illegal and unwanted trade.

(19) Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(9), Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations(10) and Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures(11) provide for the labelling of substances classified as ODS and the labelling of mixtures containing such substances. As ODS produced for feedstock, process agent, laboratory and analytical uses can be released for free circulation in the Community, they should be distinguished from those substances produced for other uses, in order to avoid any diversions of controlled substances intended for feedstock, as a process agent or for laboratory and analytical uses to other uses which are controlled under this Regulation. Furthermore, in order to inform end users and to facilitate the enforcement of this Regulation also products and equipment containing or relying on such substances should be so labelled during maintenance or servicing.

(20) To reduce the release of controlled substances into the atmosphere, provision should be made for the recovery of used controlled substances and the prevention of leakages of controlled substances.

(21) The Protocol requires reporting on trade in ODS. Annual reporting should therefore be required from producers, importers and exporters of controlled substances. In order to enable the Commission to streamline the reporting procedures to comply with the Protocol and avoid duplications in the process, destruction facilities should also report directly to the Commission. To ensure compliance with reporting obligations under the Protocol and to improve their practical application the Commission should be empowered to modify the reporting requirements for Member States and undertakings. In view of the envisaged development of Internet-based reporting tools the Commission should, as appropriate, draft measures to adapt the reporting requirements as soon as the relevant reporting tools are in place.

(22) The protection of individuals with regard to the processing of personal data by the Member States is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(12) and the protection of individuals with regard to the processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(13) in particular as regards the requirements of confidentiality and security of processing, the transfer of personal data from the Commission to the Member States, the lawfulness of processing, and the rights of data subjects to information, access to and rectification of their personal data.

(23) Member States should carry out inspections, taking a risk-based approach in order to ensure compliance with all provisions of this Regulation and thus targeting those activities representing the highest risk of illegal trade or emission of controlled substances. Recommendation 2001/331/EC of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States(14) should provide guidance for the carrying out of inspections by Member States.

(24) In view of the continuing innovation in the sectors covered by this Regulation, the Commission should regularly review this Regulation and, if appropriate, make proposals, in particular on the exemptions and derogations provided for when technically and economically feasible alternatives to the use of controlled substances become available, to further strengthen the protection of the ozone layer and simultaneously reduce greenhouse gases emissions. In order to ensure compliance with the Protocol, the Commission should be empowered to align Annexes to this Regulation with decisions of the Parties, in particular with those concerning approved destruction methods, conditions for the placing on the market of controlled substances for essential laboratory and analytical uses, and processes in which controlled substances may be used as process agents.

(25) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(15).

(26) In particular, the Commission should be empowered to determine the form and content of labels for controlled substances produced, placed on the market or used as feedstock, as process agent or for laboratory and analytical uses; to amend Annex III on processes for which controlled substances may be used as process agents; to amend the maximum amount of controlled substances that may be used as process agents or emitted from process agents uses; to amend Annex V on conditions for placing on the market and further distribution of controlled substances for laboratory and analytical uses; to determine a mechanism for the allocation of quotas for controlled substances for laboratory and analytical uses; to amend Annex VI; to adopt modifications and time frames for the phasing out of the critical uses of halons; to amend the list of items required to be stated in an application for a licence; to adopt additional monitoring measures on trade in controlled substances or new substances and of products and equipment containing or relying on controlled substances; to adopt rules applicable to the release for free circulation in the Community of products and equipment imported from any State not party to the Protocol which were produced using controlled substances; to amend Annex VII on destruction technologies; to establish a list with products and equipment for which the recovery for destruction or destruction without prior recovery of controlled substances should be considered technically and economically feasible and therefore mandatory; to adopt minimum qualification requirements for personnel; to establish a list of technologies and practices to be used by undertakings to prevent and minimise any leakage and emission of controlled substances; to include new substances in Annex II and to amend reporting requirements for Member States and undertakings. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(27) Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste(16) and Council Directive 91/689/EEC of 12 December 1991 on hazardous waste(17) provide for measures on the environmentally sound disposal and recovery of waste and controls on hazardous waste. In this regard, special attention should be paid to ODS in construction and demolition waste and in equipment falling within the scope of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE)(18). In accordance with the Protocol only technologies approved by the Parties may be applied to the destruction of controlled substances. The relevant decisions of the Parties should therefore be incorporated in this Regulation to ensure that only those technologies are applied, provided that their application is compatible with Community and national legislation on waste.

(28) A flexible mechanism should be established to introduce reporting obligations for substances identified as ozone depleting, to allow for assessing the magnitude of their environmental impact and to ensure that those new substances which have been identified as having a significant ozone-depleting potential are subject to control measures. In this context, special attention should be paid to the role of very short-lived substances, having regard, in particular, to the 2006 United Nations Environment Programme/World Meteorological Organisation (UNEP/WMO) ozone assessment, which concluded that the ozone-depleting potential of those substances is greater than previously assessed.

(29) Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

(30) Since the objectives of this Regulation, namely to ensure compliance with the Community’s obligations as party to the Protocol and to address a transboundary environmental problem with global impact whilst regulating intra-Community and external trade in ODS and products and equipment containing or relying on those substances, cannot be sufficiently achieved by the Member States acting individually and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

CHAPTER I U.K. GENERAL PROVISIONS

Article 1 U.K. Subject matter

This Regulation lays down rules on the production, import, export, placing on the market, use, recovery, recycling, reclamation and destruction of substances that deplete the ozone layer, on the reporting of information related to those substances and on the import, export, placing on the market and use of products and equipment containing or relying on those substances.

Article 2 U.K. Scope

This Regulation shall apply to controlled substances, to new substances and to products and equipment containing or relying on controlled substances.

Article 3 U.K. Definitions

For the purposes of this Regulation:

1.

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

2.

‘Party’ means any party to the Protocol;

3.

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

3A.

[F1 ‘part of Great Britain’ means, as the case may be, England, Scotland or Wales;

3B.

‘Scotland’ is to be construed in accordance with section 126(1) and (2) of the Scotland Act 1998;

3C.

‘Wales’ is to be construed in accordance with section 158(1), (3) and (4) of the Government of Wales Act 2006;

3D.

‘appropriate authority’ means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Scotland, the Scottish Ministers;

(c)

in relation to Wales, the Welsh Ministers;

3E.

‘appropriate regulator’—

(a)

in relation to England, means the Environment Agency;

(b)

in relation to Scotland, is to be read in accordance with Article 3A;

(c)

in relation to Wales, is to be read in accordance with Article 3B;]

4.

‘controlled substances’ means substances listed in Annex I, including their isomers, whether alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed;

5.

‘chlorofluorocarbons’ means the controlled substances listed in Group I of Annex I, including their isomers;

6.

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

7.

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

8.

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

9.

‘hydrochlorofluorocarbons’ means the controlled substances listed in Group VIII of Annex I, including their isomers;

10.

‘new substances’ means substances listed in Annex II, whether alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed;

11.

‘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;

12.

‘process agents’ means controlled substances used as chemical process agents in the applications listed in Annex III;

13.

‘producer’ means any natural or legal person producing controlled substances or new substances within [F2 any part of Great Britain];

14.

‘production’ means the amount of controlled substances or new substances produced, including the amount produced, intentionally or inadvertently, as a by-product unless that by-product is destroyed as part of the manufacturing process or following a documented procedure ensuring compliance with this Regulation F3 ... and national legislation on waste. No amount recovered, recycled or reclaimed shall be considered as ‘production’, nor shall any insignificant amount unavoidably incorporated in products in trace quantities or emitted during manufacturing;

15.

‘ozone-depleting potential’ or ‘ODP’ means the figure specified in Annexes I and II representing the potential effect of each controlled substance or new substance on the ozone layer;

16.

‘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;

17.

‘industrial rationalisation’ means the transfer either between Parties or within [F4 any part of Great Britain] 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;

18.

‘import’ means the entry of substances, products and equipment covered by this Regulation into [F5 Great Britain];

19.

‘export’ means the exit from [F6 Great Britain of substances, products and equipment covered by this Regulation;];

20.

‘placing on the market’ means the supplying or making available to third persons within [F7 any part of Great Britain] for payment or free of charge F8 .... In respect of products and equipment being part of immovable property or part of means of transport this refers only to the supplying or making available within [F7 any part of Great Britain] for the first time;

21.

‘use’ means the utilisation of controlled substances or new substances in the production, maintenance or servicing, including refilling, of products and equipment or in other processes;

22.

‘heat pump’ means a device or installation that extracts heat at low temperatures from air, water or earth and supplies heat;

23.

‘recovery’ means the collection and the storage of controlled substances from products and equipment or containers during maintenance or servicing or before disposal;

24.

‘recycling’ means the reuse of a recovered controlled substance following a basic cleaning process;

25.

‘reclamation’ means the reprocessing of a recovered controlled substance in order to meet the equivalent performance of a virgin substance, taking into account its intended use;

25A.

[F9 ‘third country’ means a country other than the United Kingdom and for the purpose of Article 14 of this Regulation includes Northern Ireland;]

26.

‘undertaking’ means any natural or legal person which:

(a)

produces, recovers, recycles, reclaims, uses or destroys controlled substances or new substances;

(b)

imports such substances;

(c)

exports such substances;

(d)

places such substances on the market; or

(e)

operates refrigeration, air conditioning or heat pump equipment, or fire protection systems, which contain controlled substances;

27.

‘quarantine applications’ means treatments to prevent the introduction, establishment or spread of quarantine pests (including diseases), or to ensure their official control, where:

• official control is that performed by, or authorised by, a national plant, animal or environmental protection or health authority,

• quarantine pests are pests of potential importance to the areas endangered thereby and not yet present there, or present but not widely distributed, and being officially controlled;

28.

‘pre-shipment applications’ means those non-quarantine applications applied no more than 21 days prior to export to meet the official requirements of the importing country or official requirements of the exporting country existing before 7 December 1995. Official requirements are those which are performed by, or authorised by, a national plant, animal, environmental, health or stored product authority;

29.

‘products and equipment relying on controlled substances’ means products and equipment which do not function without controlled substances, not including those products and equipment used for the production, processing, recovery, recycling, reclamation or destruction of controlled substances;

30.

‘virgin substances’ means substances which have not previously been used;

31.

‘products and equipment’ means all products and equipment except containers used for the transportation or storage of controlled substances.

Textual Amendments

F1 Art. 3(3A)-(3E) inserted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 4(2) (as substituted by S.I. 2020/1616, regs. 1(2), 2(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 3(13) 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, 4(3); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 3(14) 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, 4(4); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 3(17) 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, 4(5) (as amended by S.I. 2020/1616, regs. 1(2), 2(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 3(18) 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, 4(6) (as substituted by S.I. 2020/1616, regs. 1(2), 2(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 3(19) 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, 4(6) (as substituted by S.I. 2020/1616, regs. 1(2), 2(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 3(20) 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, 4(8)(a) (as amended by S.I. 2020/1616, regs. 1(2), 2(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 3(20) 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, 4(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 3(25A) inserted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 4(9) (as amended by S.I. 2020/1616, regs. 1(2), 2(3)(e)); 2020 c. 1, Sch. 5 para. 1(1)

[F10 Article 3A U.K. Appropriate regulator: Scotland

1. The appropriate regulator in relation to Scotland is, subject to paragraph (2), the Scottish Environment Protection Agency.

2. The Scottish Ministers may direct that a person or body other than the Scottish Environment Protection Agency is the appropriate regulator in relation to cases of a particular description or in a particular case.

3. Before making a direction under paragraph (2), the Scottish Ministers must consult the Secretary of State.]

Textual Amendments

F10 Arts. 3A, 3B inserted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

[F10 Article 3B U.K. Appropriate regulator: Wales

1. The appropriate regulator in relation to Wales is, subject to paragraph (2), Natural Resources Body for Wales.

2. The Welsh Ministers may direct that a person or body other than Natural Resources Body for Wales is the appropriate regulator in relation to cases of a particular description or in a particular case.

3. Before making a direction under paragraph (2), the Welsh Ministers must consult the Secretary of State]

Textual Amendments

F10 Arts. 3A, 3B inserted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. PROHIBITIONS

Article 4 U.K. Production of controlled substances

The production of controlled substances shall be prohibited.

Article 5 U.K. Placing on the market and use of controlled substances

1. The placing on the market and the use of controlled substances shall be prohibited.

2. Controlled substances shall not be placed on the market in non-refillable containers, except for laboratory and analytical uses as referred to in Article 10 and Article 11(2).

3. This Article shall not apply to controlled substances in products and equipment.

Article 6 U.K. Placing on the market of products and equipment containing or relying on controlled substances

1. The placing on the market of products and equipment containing or relying on controlled substances shall be prohibited, with the exception of products and equipment for which the use of the respective controlled substance is authorised in accordance with Article 10, Article 11(2) or Article 13 or has been authorised on the basis of Article 3(1) of Regulation (EC) No 2037/2000.

2. Except for uses referred to in Article 13(1), fire protection systems and fire extinguishers containing halons shall be prohibited and shall be decommissioned.

CHAPTER III U.K. EXEMPTIONS AND DEROGATIONS

Article 7 U.K. Production, placing on the market and use of controlled substances as feedstock

1. By way of derogation from Articles 4 and 5, controlled substances may be produced, placed on the market and used as feedstock.

2. Controlled substances produced or placed on the market as feedstock may only be used for that purpose. As of 1 July 2010, containers of such substances shall be labelled with a clear indication that the substance may only be used as feedstock. 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 [F11 appropriate authority may, by regulations,] determine the form and content of the label to be used. F12 ...

Textual Amendments

F11 Words in Art. 7(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, 6(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 7(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, 6(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Production, placing on the market and use of controlled substances as process agents

1. By way of derogation from Articles 4 and 5, controlled substances may be produced, placed on the market and used as process agents.

2. Controlled substances may only be used as process agents in installations existing on 1 September 1997, and where emissions are insignificant.

3. Controlled substances produced or placed on the market as process agents may only be used for that purpose. As of 1 July 2010, containers of such substances shall be labelled with a clear indication that those substances may only be used as process agents. 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 [F13 appropriate authority may, by regulations,] determine the form and content of the label to be used. F14 ...

4. The [F15 appropriate authority] shall, if appropriate, F16 ... establish a list of undertakings in which the use of controlled substances as process agents shall be permitted, laying down maximum quantities that may be used for make-up or for consumption as process agents and emission levels for each of the undertakings concerned.

The F17 ... amount of controlled substances that may be used as process agents within [F18 any part of Great Britain shall not, when added to the amounts that may be used as process agents in the other parts of Great Britain, exceed a maximum amount of 130.4 metric tonnes per year].

The maximum amount of controlled substances that may be emitted from process agent uses within [F19 any part of Great Britain shall not, when added to the amounts that may be used as process agents in the other parts of Great Britain, exceed a maximum amount of 2.0 metric tonnes per year].

5. In the light of new information or technical developments or decisions taken by the Parties, the [F20 Secretary of State shall, by regulations], if appropriate:

(a) amend Annex III;

(b) amend the maximum amount of controlled substances that may be used as process agents or emitted from process agent uses as referred to in the second and third subparagraphs of paragraph 4.

F21 ...

Textual Amendments

F13 Words in Art. 8(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, 7(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 8(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, 7(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 8(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, 7(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 8(4) 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, 7(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F17 Word in Art. 8(4) 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, 7(4)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 8(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, 7(4)(b) (as amended by S.I. 2020/1616, regs. 1(2), 2(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 8(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, 7(4)(c)(ii) (as amended by S.I. 2020/1616, regs. 1(2), 2(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 8(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, 7(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 8(5) 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, 7(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K. Placing on the market of controlled substances for destruction or reclamation and of products and equipment containing or relying on controlled substances for destruction

By way of derogation from Articles 5 and 6, controlled substances and products and equipment containing or relying on controlled substances may be placed on the market for destruction within [F22 any part of Great Britain] in accordance with the requirements for destruction referred to in Article 22(1). Controlled substances may also be placed on the market for reclamation within [F22 any part of Great Britain].

Textual Amendments

F22 Words in Art. 9 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, 8 (as amended by S.I. 2020/1616, regs. 1(2), 2(5)); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.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 [F23 appropriate authority] shall, if appropriate, F24 ... determine any essential laboratory and analytical uses for which the production and import of controlled substances other than hydrochlorofluorocarbons may be permitted in [F25 any 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 [F26 appropriate authority may, by regulations,] determine the form and content of the label to be used. F27 ...

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 [F28 appropriate authority may, by regulations,] amend that Annex. F29 ...

4. Any undertaking using controlled substances other than hydrochlorofluorocarbons for essential laboratory and analytical uses shall register with the [F30 appropriate 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 [F31 appropriate regulator], producers and importers supplying the undertaking referred to in paragraph 4 or using controlled substances for their own account shall declare to the [F31 appropriate regulator] the foreseen demand for the period specified in the notice, specifying the nature and quantities of controlled substances needed.

6. The [F32 appropriate 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 [F33 13.2 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 [F34 appropriate authority] shall determine a mechanism for the allocation of quotas to producers and importers [F35 and publish the determination]. F36 ...

7. A producer may be authorised by the [F37 appropriate authority] to produce the controlled substances referred to in paragraph 1 for the purpose of meeting the requests licensed in accordance with paragraph 6.

F38 ...

8. To the extent permitted by the Protocol, the [F39 appropriate 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.

F40 ...

Textual Amendments

F23 Words 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)

F24 Words 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)

F25 Words 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)

F26 Words 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)

F27 Words 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)

F28 Words 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)

F29 Words 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)

F30 Words 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)

F31 Words 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)

F32 Words 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)

F33 Words 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)(b) (as amended by S.I. 2020/1616, regs. 1(2), 2(6)(b)) (with reg. 32); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words 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)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 10(6) inserted (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)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Art. 10(6) 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(6)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Art. 10(7) 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(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F38 Words in Art. 10(7) 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(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F39 Words in Art. 10(8) 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(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F40 Words in Art. 10(8) 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(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K. Production, placing on the market and use of hydrochlorofluorocarbons and placing on the market of products and equipment containing or relying on hydrochlorofluorocarbons

1. By way of derogation from Article 4, hydrochlorofluorocarbons may be produced provided that each producer ensures the following:

(a) the calculated level of its production of hydrochlorofluorocarbons in the period from 1 January 2010 to 31 December 2010 and in each 12-month period thereafter until 31 December 2013 does not exceed 35 % of the calculated level of its production of hydrochlorofluorocarbons in 1997;

(b) the calculated level of its production of hydrochlorofluorocarbons in the period from 1 January 2014 to 31 December 2014 and in each 12-month period thereafter until 31 December 2016 does not exceed 14 % of the calculated level of its production of hydrochlorofluorocarbons in 1997;

(c) the calculated level of its production of hydrochlorofluorocarbons in the period from 1 January 2017 to 31 December 2017 and in each 12-month period thereafter until 31 December 2019 does not exceed 7 % of the calculated level of its production of hydrochlorofluorocarbons in 1997;

(d) it produces no hydrochlorofluorocarbons after 31 December 2019.

2. By way of derogation from Article 4 and Article 5(1), hydrochlorofluorocarbons may be produced, placed on the market and used for laboratory and analytical uses.

Article 10(3) to (7) shall apply mutatis mutandis.

3. By way of derogation from Article 5, until 31 December 2014, reclaimed hydrochlorofluorocarbons may be placed on the market and used for the maintenance or servicing of existing refrigeration, air-conditioning and heat pump equipment, provided that the container is labelled with an indication that the substance has been reclaimed and with information on the batch number and name and address of the reclamation facility.

4. Until 31 December 2014, recycled hydrochlorofluorocarbons may be used for the maintenance or servicing of existing refrigeration, air-conditioning and heat pump equipment provided that they have been recovered from such equipment and may only be used by the undertaking which carried out the recovery as part of maintenance or servicing or for which the recovery as part of maintenance or servicing was carried out.

5. By way of derogation from Article 5, until 31 December 2019, hydrochlorofluorocarbons may be placed on the market for repackaging and subsequent export. Any undertaking carrying out the repackaging and subsequent export of hydrochlorofluorocarbons shall register with the [F41 appropriate regulator], indicating the controlled substances concerned, their estimated annual demand and the suppliers of those substances, and shall update this information when changes occur.

6. When reclaimed or recycled hydrochlorofluorocarbons are used for maintenance or servicing, the refrigeration, air-conditioning and heat pump equipment concerned shall be labelled with an indication of the type of substance, its quantity contained in the equipment and the label elements set out in Annex I to Regulation (EC) No 1272/2008 for substances or mixtures classified as Hazardous to the Ozone Layer.

7. Undertakings operating the equipment referred to in paragraph 4 containing a fluid charge of 3 kg or more shall keep a record of the quantity and type of substance recovered and added, and of the company or technician which performed the maintenance or servicing.

Undertakings using reclaimed or recycled hydrochlorofluorocarbons for maintenance or servicing shall keep a record of the undertakings that have supplied reclaimed hydrochlorofluorocarbons and of the source of recycled hydrochlorofluorocarbons.

8. By way of derogation from Articles 5 and 6, the [F42 appropriate authority] may F43 ... authorise a time-limited exemption to allow the use and placing on the market of hydrochlorofluorocarbons and of products and equipment containing or relying on hydrochlorofluorocarbons where it is demonstrated that, for a particular use, technically and economically feasible alternative substances or technologies are not available or cannot be used.

This exemption may not be authorised for a period which extends beyond 31 December 2019.

Textual Amendments

F41 Words in Art. 11(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, 10(2); 2020 c. 1, Sch. 5 para. 1(1)

F42 Words in Art. 11(8) 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, 10(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Art. 11(8) 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, 10(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Quarantine and pre-shipment applications and emergency uses of methyl bromide

F44 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. In an emergency, where unexpected outbreaks of particular pests or diseases so require, the [F45 appropriate authority may] authorise the temporary production, placing on the market and use of methyl bromide, provided that the placing on the market and use of methyl bromide are allowed respectively under [F46 Regulation (EC) 1107/2009 and Regulation (EU) 528/2012].

Such authorisation shall apply for a period not exceeding 120 days and to a quantity not exceeding 20 metric tonnes and shall specify measures to be taken to reduce emissions during use.

Textual Amendments

F44 Art. 12(1)(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, 11(2); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 12(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, 11(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Art. 12(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, 11(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 U.K. Critical uses of halons and decommissioning of equipment containing halons

1. By way of derogation from Article 5(1), halons may be placed on the market and used for critical uses set out in Annex VI. Halons may only be placed on the market by undertakings authorised by the [F47 appropriate regulator] to store halons for critical uses.

2. The [F48 appropriate authority shall review Annex 6 and, if appropriate, make regulations to amend Annex 6 and set] time-frames for the phasing out of the critical uses by defining cut-off dates for new applications and end dates for existing applications, taking into account the availability of technically and economically feasible alternatives or technologies that are acceptable from the standpoint of environment and health.

F49 ...

3. Fire protection systems and fire extinguishers containing halons applied in uses referred to in paragraph 1 shall be decommissioned by the end dates to be specified in Annex VI.

4. The [F50 appropriate authority may, by regulations] grant derogations from end dates for existing applications or cut-off dates for new applications, provided those dates have been specified in Annex VI in accordance with paragraph 2, for specific cases where it is demonstrated that no technically and economically feasible alternative is available.

Textual Amendments

F47 Words in Art. 13(1) 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, 12(2); 2020 c. 1, Sch. 5 para. 1(1)

F48 Words in Art. 13(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, 12(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F49 Words in Art. 13(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, 12(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F50 Words in Art. 13(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, 12(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K. Transfer of rights and industrial rationalisation

1. Any producer or importer entitled to place controlled substances on the market or use them for its own account may transfer that right in respect of all or any quantities of the respective group of substances fixed in accordance with this Article to any other producer or importer of that group of substances within [F51 any part of Great Britain]. Any such transfer shall be notified in advance to the [F52 appropriate regulator]. The transfer of the right to place on the market or use shall not imply the further right to produce or to import.

2. To the extent permitted by the Protocol, the [F53 appropriate authority] may authorise that producer to exceed the calculated levels of production laid down in Article 10 and Article 11(2) for the purpose of industrial rationalisation within [F54 Great Britain], provided that the calculated levels of production F55 ... do not exceed the sum of the calculated levels of production of F56 ... domestic producers as laid down in Article 10 and Article 11(2) for the periods in question. F57 ...

F58 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. To the extent permitted by the Protocol, the [F59 Secretary of State may, by regulations,], in agreement with F60 ... the government of the third country Party concerned, authorise a producer to combine the calculated levels of production laid down in Article 10 and Article 11(2) with the calculated levels of production allowed to a producer in a third country Party under the Protocol and that producer’s national legislation for the purpose of industrial rationalisation with a third country Party, provided that the combined calculated levels of production by the two producers do not exceed the sum of the calculated levels of production allowed to the [F61 Great Britain] producer under Article 10 and Article 11(2) and the calculated levels of production allowed to the third country Party producer under the Protocol and any relevant national legislation.

Textual Amendments

F51 Words in Art. 14(1) 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, 13(2)(a) (as amended by S.I. 2020/1616, regs. 1(2), 2(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F52 Words in Art. 14(1) 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, 13(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F53 Words in Art. 14(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, 13(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F54 Words in Art. 14(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, 13(3)(a)(ii) (as substituted by S.I. 2020/1616, regs. 1(2), 2(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F55 Words in Art. 14(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, 13(3)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F56 Word in Art. 14(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, 13(3)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F57 Words in Art. 14(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, 13(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F58 Art. 14(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, 13(4); 2020 c. 1, Sch. 5 para. 1(1)

F59 Words in Art. 14(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, 13(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F60 Words in Art. 14(4) 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, 13(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F61 Words in Art. 14(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, 13(5)(c) (as substituted by S.I. 2020/1616, regs. 1(2), 2(7)(c)); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV U.K. TRADE

Article 15 U.K. Imports of controlled substances or of products and equipment containing or relying on controlled substances

1. Imports of controlled substances or of products and equipment other than personal effects containing or relying on those substances, shall be prohibited.

2. The prohibition set out in paragraph 1 shall not apply to imports of:

(a) controlled substances to be used for laboratory and analytical uses referred to in Article 10 and Article 11(2);

(b) controlled substances to be used as feedstock;

(c) controlled substances to be used as process agents;

(d) controlled substances for destruction by technologies referred to in Article 22(2);

(e) until 31 December 2019, hydrochlorofluorocarbons to be repackaged and subsequently re-exported no later than 31 December of the following calendar year to a Party where the consumption or import of that hydrochlorofluorocarbon is not prohibited;

(f) methyl bromide for emergency uses referred to in Article 12(3) or, until 31 December 2014, for repackaging and subsequent re-export for quarantine and pre-shipment applications provided that the re-export takes place during the year of import;

(g) recovered, recycled or reclaimed halons, under the condition that they are only imported for critical uses referred to in Article 13(1), by undertakings authorised by the [F62 appropriate regulator] to store halons for critical uses;

(h) products and equipment containing or relying on controlled substances for destruction, where applicable by technologies referred to in Article 22(2);

(i) products and equipment containing or relying on controlled substances to satisfy laboratory and analytical uses referred to in Article 10 and Article 11(2);

(j) products and equipment containing or relying on halon to satisfy critical uses referred to in Article 13(1);

(k) products and equipment containing hydrochlorofluorocarbons for which the placing on the market has been authorised in accordance with Article 11(5).

3. Imports referred to in paragraph 2, with the exception of imports for transit through [F63 Great Britain] or imports under the temporary storage, customs warehousing or free zone procedure [F64 under the Taxation (Cross-border Trade) Act 2018], provided that they remain in [F63 Great Britain] no longer than 45 days and that they are not subsequently presented for release for free circulation in [F65 any part of Great Britain], destroyed or processed, shall be subject to the presentation of an import licence. Those licences shall be issued by the [F66 Environment Agency] after verification of compliance with Articles 16 and 20.

Textual Amendments

F62 Words in Art. 15(2)(g) 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, 14(2); 2020 c. 1, Sch. 5 para. 1(1)

F63 Words in Art. 15(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, 14(3)(a) (as substituted by S.I. 2020/1616, regs. 1(2), 2(8)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F64 Words in Art. 15(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, 14(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F65 Words in Art. 15(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, 14(3)(c) (as amended by S.I. 2020/1616, regs. 1(2), 2(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

F66 Words in Art. 15(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, 14(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K. Release for free circulation in [F67 any part of Great Britain] of imported controlled substances

1. The release for free circulation in [F68 any part of Great Britain] of imported controlled substances shall be subject to quantitative limits. The [F69 appropriate regulator] shall determine those limits and allocate quotas to undertakings for the period from [F70 the day after that on which IP completion day falls to 31 December 2021] and for each 12-month period thereafter F71 ...

The quotas referred to in the first subparagraph shall be allocated only for the following substances:

(a) controlled substances if they are used for laboratory and analytical, or critical uses, referred to in Article 10, Article 11(2) and Article 13;

(b) controlled substances if they are used as feedstock;

(c) controlled substances if they are used as process agents.

2. By the date specified in a notice issued by the [F72 appropriate regulator], importers of substances referred to in points (a), (b) and (c) of paragraph 1 shall declare to the [F72 appropriate regulator] the anticipated demand, specifying the nature and quantities of controlled substances needed. On the basis of those declarations the [F72 appropriate regulator] shall establish quantitative limits to the imports of substances referred to in points (a), (b) and (c) of paragraph 1.

Textual Amendments

F67 Words in Art. 16 heading 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, 15(2) (as amended by by S.I. 2020/1616, regs. 1(2), 2(9)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F68 Words in Art. 16(1) 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, 15(3)(a) (as amended by S.I. 2020/1616, regs. 1(2), 2(9)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F69 Words in Art. 16(1) 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, 15(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F70 Words in Art. 16(1) 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, 15(3)(c) (as amended by S.I. 2020/1616, regs. 1(2), 2(9)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F71 Words in Art. 16(1) 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, 15(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F72 Words in Art. 16(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, 15(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 17 U.K. Export of controlled substances or of products and equipment containing or relying on controlled substances

1. Exports of controlled substances or of products and equipment other than personal effects containing or relying on those substances, shall be prohibited.

2. The prohibition set out in paragraph 1 shall not apply to exports of:

(a) controlled substances to be used for essential laboratory and analytical uses referred to in Article 10;

(b) controlled substances to be used as feedstock;

(c) controlled substances to be used as process agents;

(d) products and equipment containing or relying on controlled substances produced in accordance with Article 10(7) or imported under point (h) or (i) of Article 15(2);

(e) recovered, recycled or reclaimed halons stored for critical uses referred to in Article 13(1) by undertakings authorised by the [F73 appropriate regulator] and products and equipment containing or relying on halon to satisfy critical uses;

(f) virgin or reclaimed hydrochlorofluorocarbons for uses other than destruction;

(g) until 31 December 2014, methyl bromide re-exported for quarantine and pre-shipment applications;

(h) metered dose inhalers manufactured with chlorofluorocarbon the use of which has been authorised on the basis of Article 3(1) of Regulation (EC) No 2037/2000.

3. By way of derogation from paragraph 1, the [F74 Secretary of State may,], authorise the export of products and equipment containing hydrochlorofluorocarbons where it is demonstrated that in view of the economic value and the expected remaining lifetime of the specific good, the prohibition of export would impose a disproportionate burden on the exporter. Such export requires prior notification by [F75 Secretary of State] to the importing country.

4. Exports referred to in paragraphs 2 and 3 shall be subject to licensing, with the exception of [F76 non-domestic goods] subsequent to transit through [F77 Great Britain], temporary storage, customs-warehousing or free zone procedure, [F78 in accordance with the applicable provisions of the Taxation (Cross-border Trade) Act 2018], provided that the [F79 export] takes place not later than 45 days after the import. That export licence shall be issued by the [F80 Environment Agency] to undertakings after verification of compliance with Article 20.

Textual Amendments

F73 Words in Art. 17(2)(e) 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, 16(2); 2020 c. 1, Sch. 5 para. 1(1)

F74 Words in Art. 17(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, 16(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F75 Words in Art. 17(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, 16(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F76 Words in Art. 17(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, 16(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F77 Words in Art. 17(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, 16(4)(b) (as substituted by S.I. 2020/1616, regs. 1(2), 2(10)); 2020 c. 1, Sch. 5 para. 1(1)

F78 Words in Art. 17(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, 16(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

F79 Word in Art. 17(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, 16(4)(d); 2020 c. 1, Sch. 5 para. 1(1)

F80 Words in Art. 17(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, 16(4)(e); 2020 c. 1, Sch. 5 para. 1(1)

Article 18 U.K. Licensing of imports and exports

1. The [F81 Environment Agency] shall set up and operate an electronic licensing system and shall decide on applications for licences within 30 days of receipt.

2. Applications for licences referred to in Articles 15 and 17 shall be submitted using the system referred to in paragraph 1. Before submitting an application for a licence undertakings shall register in that system.

3. An application for a licence shall state the following:

(a) the names and the addresses of the importer and the exporter;

(b) the country of import and export;

(c) in the case of imports or exports of controlled substances, a description of each controlled substance, including:

(i)

the commercial description;

(ii)

the description and the Combined Nomenclature code as laid down in Annex IV;

(iii)

whether the substance is virgin, recovered, recycled or reclaimed;

(iv)

the quantity of the substance in metric kilograms;

(v)

in the case of halons, a declaration that they are to be imported or exported to satisfy a critical use referred to in Article 13(1), specifying which use;

(d) in the case of imports or exports of products and equipment containing or relying on controlled substances:

(i)

the type and nature of the products and equipment;

(ii)

for countable items the number of units, the description and the quantity per unit in metric kilograms of each controlled substance;

(iii)

for uncountable items the total quantity of the product, the description and the total net quantity, in metric kilograms, of each controlled substance;

(iv)

the country/countries of final destination of the products and equipment;

(v)

whether the controlled substance contained is virgin, recycled, recovered or reclaimed;

(vi)

in the case of imports or exports of products and equipment containing or relying on halon, a declaration that they are to be imported or exported to satisfy a critical use referred to in Article 13(1), specifying which use;

(vii)

in the case of products and equipment containing or relying on hydrochlorofluorocarbons, the reference to the Commission authorisation referred to in Article 17(3);

(viii)

the Combined Nomenclature code of the product or equipment to be imported or exported;

(e) the purpose of the proposed import, including the intended customs treatment and use, specifying where relevant the intended customs procedure;

(f) the place and expected date of the proposed import or export;

(g) the customs office where the goods will be declared;

(h) in the case of imports of controlled substances or products and equipment for destruction, the name and address of the facility where they will be destroyed;

(i) any further information deemed necessary by the [F82 Environment Agency][F83 ;]

[F84 (j) by way of derogation from points (a) to (h), in the case of imports and exports of products and equipment containing or relying on halons for critical uses in aircraft set out in points 4.1 to 4.6 of Annex VI:

(1)

the purpose and type of the products and equipment to be imported or exported as described in points 4.1 to 4.6 of Annex VI;

(2)

the types of halons that the products and equipment to be imported or exported contains or relies on;

(3)

the Combined Nomenclature code of the products and equipment to be imported or exported.]

4. Each importer or exporter shall notify the [F85 Environment Agency] of any changes which might occur during the period of validity of the licence in relation to the data notified under paragraph 3.

5. The [F85 Environment Agency] may require a certificate attesting the nature or composition of substances to be imported or exported and may request a copy of the licence issued by the country from which the import or to which the export takes place.

6. The [F85 Environment Agency] may share the submitted data so far as necessary in specific cases with competent authorities of the Parties concerned and may reject the licence application if any relevant obligations set out in this Regulation are not complied with, or on the following grounds:

(a) in the case of an import licence, where it is established based on information from the competent authorities of the country concerned that the exporter is not an undertaking authorised to trade in the respective substance in that country;

(b) in the case of an export licence, where the competent authorities of the importing country have informed the [F85 Environment Agency] that the import of the controlled substance would constitute a case of illegal trade, or would adversely impact on the implementation of control measures of the importing country in place to comply with its obligations under the Protocol or would lead to an excess of the quantitative limits under the Protocol for that country.

F86 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. The [F87 Environment Agency] shall, as soon as possible, inform the applicant F88 ... of any licence application rejected pursuant to paragraph 6, specifying the reason for the rejection.

9. The [F89 Secretary of State may, by regulations,] amend the list of items mentioned in paragraph 3 and Annex IV. F90 ...

Textual Amendments

F81 Words in Art. 18(1) 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, 17(2); 2020 c. 1, Sch. 5 para. 1(1)

F82 Words in Art. 18(3)(i) 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, 17(3); 2020 c. 1, Sch. 5 para. 1(1)

F83 Substituted by Commission Regulation (EU) No 1088/2013 of 4 November 2013 amending Regulation (EC) No 1005/2009 of the European Parliament and of the Council with regard to applications for import and export licences of products and equipment containing or relying on halons for critical uses in aircraft.

F84 Inserted by Commission Regulation (EU) No 1088/2013 of 4 November 2013 amending Regulation (EC) No 1005/2009 of the European Parliament and of the Council with regard to applications for import and export licences of products and equipment containing or relying on halons for critical uses in aircraft.

F85 Words in Art. 18(4)-(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, 17(4); 2020 c. 1, Sch. 5 para. 1(1)

F86 Art. 18(7) 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, 17(5); 2020 c. 1, Sch. 5 para. 1(1)

F87 Words in Art. 18(8) 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, 17(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F88 Words in Art. 18(8) 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, 17(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F89 Words in Art. 18(9) 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, 17(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F90 Words in Art. 18(9) omitted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 17(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 19 U.K. Measures for monitoring of illegal trade

The [F91 appropriate authority may, by regulations, provide] additional measures for the monitoring of controlled substances or new substances and of products and equipment containing or relying on controlled substances placed under temporary storage, customs warehousing or free zone procedure or in transit through [F92 Great Britain] and subsequently re-exported, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, taking into account the environmental benefits and socioeconomic impacts of such measures.

F93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Words in Art. 19 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, 18(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F92 Words in Art. 19 substituted (31.12.2020) by by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 18(a)(ii) (as substituted by S.I. 2020/1616, regs. 1(2), 2(11)); 2020 c. 1, Sch. 5 para. 1(1)

F93 Words in Art. 19 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, 18(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 20 U.K. Trade with a State not party to the Protocol and a territory not covered by the Protocol

1. Import and export of controlled substances and of products and equipment containing or relying on controlled substances from and to any State not party to the Protocol shall be prohibited.

2. The [F94 appropriate authority may make regulations in relation] to the release for free circulation in [F95 any part of Great Britain] of products and equipment imported from any State not party to the Protocol which were produced using controlled substances but do not contain substances which can be positively identified as controlled substances. The identification of such products and equipment shall comply with periodical technical advice given to the Parties. F96 ...

3. By way of derogation from paragraph 1, trade with any State not party to the Protocol in controlled substances and products and equipment containing or relying on such substances or which are produced by means of one or more such substances may be authorised by the [F97 Secretary of State], to the extent that the State not party to the Protocol is determined by a meeting of the Parties pursuant to Article 4(8) of the Protocol to be in full compliance with the Protocol and has submitted data to that effect as specified in Article 7 of the Protocol. F98 ...

4. Subject to any decision taken under the second subparagraph, paragraph 1 shall apply to any territory not covered by the Protocol as they apply to any State not party to the Protocol.

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 [F99 Secretary of State] may decide that some or all of the provisions of paragraph 1 of this Article shall not apply in respect of that territory.

F100 ...

Textual Amendments

F94 Words in Art. 20(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, 19(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F95 Words in Art. 20(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, 19(2)(b) (as amended by S.I. 2020/1616, regs. 1(2), 2(12)); 2020 c. 1, Sch. 5 para. 1(1)

F96 Words in Art. 20(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, 19(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F97 Words in Art. 20(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, 19(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F98 Words in Art. 20(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, 19(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F99 Words in Art. 20(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, 19(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F100 Words in Art. 20(4) 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, 19(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F101 Article 21 U.K. List of products and equipment containing or relying on controlled substances

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101 Art. 21 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, 20; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER V U.K. EMISSION CONTROL

Article 22 U.K. Recovery and destruction of used controlled substances

1. Controlled substances contained in refrigeration, air-conditioning and heat pump equipment, equipment containing solvents or fire protection systems and fire extinguishers shall, during the maintenance or servicing of equipment or before the dismantling or disposal of equipment, be recovered for destruction, recycling or reclamation.

2. Controlled substances and products containing such substances shall only be destroyed by approved technologies listed in Annex VII or, in the case of controlled substances not referred to in that Annex, by the most environmentally acceptable destruction technology not entailing excessive costs, provided that the use of those technologies complies with F102 ... legislation on waste and that additional requirements under such legislation are met.

3. The [F103 appropriate authority may, by regulations,] amend Annex VII in order to take new technological developments into account.

F104 ...

4. Controlled substances contained in products and equipment other than those mentioned in paragraph 1 shall, if technically and economically feasible, be recovered for destruction, recycling or reclamation, or shall be destroyed without prior recovery, applying the technologies referred to in paragraph 2.

The [F105 appropriate authority shall, by regulations,] establish an Annex to this Regulation with a list of products and equipment for which the recovery of controlled substances or destruction of products and equipment without prior recovery of controlled substances shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied. [F106 Such regulations shall] be accompanied and supported by a full economic assessment of costs and benefits F107 ... .

F108 ...

5. [F109 The appropriate authority] shall take steps to promote the recovery, recycling, reclamation and destruction of controlled substances and shall define the minimum qualification requirements for the personnel involved.

The [F110 appropriate authority shall evaluate such measures] and may in the light of this evaluation and of technical and other relevant information, as appropriate, [F111 make regulations] regarding those minimum qualification requirements.

F112 ...

Textual Amendments

F102 Words in Art. 22(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, 21(2); 2020 c. 1, Sch. 5 para. 1(1)

F103 Words in Art. 22(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, 21(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F104 Words in Art. 22(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, 21(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F105 Words in Art. 22(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, 21(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F106 Words in Art. 22(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, 21(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F107 Words in Art. 22(4) 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, 21(4)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F108 Words in Art. 22(4) 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, 21(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F109 Words in Art. 22(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, 21(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F110 Words in Art. 22(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, 21(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F111 Words in Art. 22(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, 21(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F112 Words in Art. 22(5) 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, 21(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 23 U.K. Leakages and emissions of controlled substances

1. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakages and emissions of controlled substances.

2. Undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain controlled substances shall ensure that the stationary equipment or systems:

(a) with a fluid charge of 3 kg or more of controlled substances are checked for leakage at least once every 12 months; this shall not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled substances;

(b) with a fluid charge of 30 kg or more of controlled substances are checked for leakage at least once every 6 months;

(c) with a fluid charge of 300 kg or more of controlled substances are checked for leakage at least once every 3 months;

and that any detected leakage is repaired as soon as possible and in any event within 14 days.

The equipment or system shall be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.

3. Undertakings referred to in paragraph 2 shall maintain records on the quantity and type of controlled substances added and the quantity recovered during maintenance, servicing and final disposal of the equipment or system referred to in that paragraph. They shall also maintain records of other relevant information including the identification of the company or technician which performed the maintenance or servicing, as well as the dates and results of the leakage checks carried out. These records shall be made available on request to the [F113 appropriate regulator].

4. [F114 The appropriate authority] shall define the minimum qualification requirements for the personnel carrying out activities referred to in paragraph 2. In the light of an evaluation of these measures F115 ... and of technical and other relevant information, the [F116 appropriate authority may make regulations] regarding the harmonisation of those minimum qualification requirements.

F117 ...

5. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakages and emissions of controlled substances used as feedstock and as process agents.

6. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakage and emissions of controlled substances inadvertently produced in the course of the manufacture of other chemicals.

7. The [F118 appropriate authority may, by regulations,] establish a list of technologies or practices to be used by undertakings to prevent and minimise any leakage and emissions of controlled substances.

F119 ...

Textual Amendments

F113 Words in Art. 23(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, 22(2); 2020 c. 1, Sch. 5 para. 1(1)

F114 Words in Art. 23(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, 22(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F115 Words in Art. 23(4) 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, 22(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F116 Words in Art. 23(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, 22(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F117 Words in Art. 23(4) 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, 22(3)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F118 Words in Art. 23(7) 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, 22(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F119 Words in Art. 23(7) 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, 22(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VI U.K. NEW SUBSTANCES

Article 24 U.K. New substances

1. The production, import, placing on the market, use and export of new substances in Part A of Annex II are prohibited. This prohibition does not apply to new substances if they are used as feedstock or for laboratory and analytical uses, to imports for transit through [F120 Great Britain, to exports subsequent to imports already exempted] or imports under the temporary storage, customs warehousing or free zone procedure [F121 in accordance with the applicable provisions of the Taxation (Cross-border Trade) Act 2018, unless such imports have been declared to a customs procedure, including outward processing, or exported under the provisions of the Taxation (Cross-border Trade) Act 2018, destroyed or abandoned to the exchequer.]

2. The [F122 appropriate authority shall, by regulations], if appropriate, include in Part A of Annex II substances that are included in Part B of that Annex that are found to be exported, imported, produced or put on the market in significant quantities and that are found by the Scientific Assessment Panel under the Protocol to have a significant ozone-depleting potential, and shall, if appropriate, determine possible exemptions from paragraph 1.

F123 ...

3. In the light of relevant scientific information, the [F124 appropriate authority shall, by regulations], if appropriate, include in Part B of Annex II any substances that are not controlled substances but that are found by the Scientific Assessment Panel under the Protocol or another recognised authority of equivalent stature to have a significant ozone-depleting potential. F125 ...

Textual Amendments

F120 Words in Art. 24(1) 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, 23(2)(a) (as substituted by S.I. 2020/1616, regs. 1(2), 2(13)); 2020 c. 1, Sch. 5 para. 1(1)

F121 Words in Art. 24(1) 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, 23(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F122 Words in Art. 24(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, 23(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F123 Words in Art. 24(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, 23(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F124 Words in Art. 24(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, 23(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F125 Words in Art. 24(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, 23(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VII U.K. [F126 Functions, Regulations, Reporting and Inspection]

[F127 Article 25 U.K. Regulations

1. A function conferred by or under this Regulation—

(a) on the Scottish Ministers is exercisable only so far as it is exercisable within devolved competence in or as regards Scotland; and

(b) on the Welsh Ministers is exercisable only so far as it is exercisable within devolved competence in or as regards Wales.

2. A function conferred under this Regulation—

(a) on a person or body by virtue of a direction of the Scottish Ministers is exercisable only in or as regards Scotland; and

(b) on a person or body by virtue of a direction of the Welsh Ministers is exercisable only in or as regards Wales.

3. In this Article and Articles 25A to 25C, “within devolved competence”—

(a) in or as regards Scotland, is to be construed in accordance with section 54 of the Scotland Act 1998;

(b) in or as regards Wales, is to be construed in accordance with section 108A of the Government of Wales Act 2006.

Textual Amendments

F127 Arts. 25-25D substituted for Art. 25 (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 25 (as amended by S.I. 2020/1616, regs. 1(2), 2(14)); 2020 c. 1, Sch. 5 para. 1(1)

Article 25A U.K. Exercise of functions: Scotland

1. Any function by or under this Regulation, including to make provision by regulations, in or as regards Scotland may, so far as it is exercisable within devolved competence, be exercised by the Secretary of State only with the consent of the Scottish Ministers.

2. Consent given by the Scottish Ministers under paragraph 1 for the prospective exercise of a function, may be withdrawn at any time.

3. The Scottish Ministers may give directions (general or specific) and guidance to the appropriate regulator in or as regards Scotland, as to the exercise of the appropriate regulator's functions under this Regulation so far as they are exercisable within devolved competence.

4. The appropriate regulator in or as regards Scotland must comply with any such directions given to it, and have regard to any such guidance.

Textual Amendments

F127 Arts. 25-25D substituted for Art. 25 (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 25 (as amended by S.I. 2020/1616, regs. 1(2), 2(14)); 2020 c. 1, Sch. 5 para. 1(1)

Article 25B U.K. Exercise of functions: Wales

1. Any function by or under this Regulation, including to make provision by regulations, in or as regards Wales may, so far as it is exercisable within devolved competence, be exercised by the Secretary of State only with the consent of the Welsh Ministers.

2. Consent given by the Welsh Ministers under paragraph 1 for the prospective exercise of a function, may be withdrawn at any time.

3. The Welsh Ministers may give directions (general or specific) and guidance to the appropriate regulator in or as regards Wales, as to the exercise of the appropriate regulator's functions under this Regulation so far as they are exercisable within devolved competence.

4. The appropriate regulator in or as regards Wales must comply with any such directions given to it, and have regard to any such guidance.

Textual Amendments

F127 Arts. 25-25D substituted for Art. 25 (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 25 (as amended by S.I. 2020/1616, regs. 1(2), 2(14)); 2020 c. 1, Sch. 5 para. 1(1)

Article 25D U.K. Regulations

1. Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2. For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

4. A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5. A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6. Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

8. Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b) make different provision for different purposes.

9. Before making any regulations under this Regulation, an appropriate authority shall consult—

(a) such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as the appropriate authority may consider appropriate.]

Textual Amendments

F127 Arts. 25-25D substituted for Art. 25 (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 25 (as amended by S.I. 2020/1616, regs. 1(2), 2(14)); 2020 c. 1, Sch. 5 para. 1(1)

Article 26 U.K. Reporting F128 ...

1. [F129 By 30 June 2022, and by 30 June of each year thereafter, the appropriate authority] shall report the following information F130 ..., for the previous calendar year:

F131 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the quantities of halons installed, used and stored for critical uses, pursuant to Article 13(1), the measures taken to reduce their emissions and an estimate of such emissions, and progress in evaluating and using adequate alternatives;

(c) cases of illegal trade, in particular those detected during the inspections carried out pursuant to Article 28.

[F132 2. The appropriate authority shall publish a report under paragraph 1 in a manner which the appropriate authority considers appropriate.]

3. The [F133 Secretary of State may, by regulations,] amend paragraph 1.

F134 ...

Textual Amendments

F128 Words in Art. 26 heading 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, 26(2); 2020 c. 1, Sch. 5 para. 1(1)

F129 Words in Art. 26(1) 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, 26(3)(a) (as substituted by S.I. 2020/1616, regs. 1(2), 2(15)); 2020 c. 1, Sch. 5 para. 1(1)

F130 Words in Art. 26(1) 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, 26(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F131 Deleted by Commission Regulation (EU) No 1087/2013 of 4 November 2013 amending Regulation (EC) No 1005/2009 of the European Parliament and of the Council with regard to reporting on methyl bromide.

F132 Art. 26(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, 26(4); 2020 c. 1, Sch. 5 para. 1(1)

F133 Words in Art. 26(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, 26(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F134 Words in Art. 26(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, 26(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 27 U.K. Reporting by undertakings

1. [F135 By 31 March 2022, and by 31 March each year thereafter, each undertaking must communicate to the appropriate regulator] the data listed in paragraphs 2 to 6 for each controlled substance and each new substance listed in Annex II for the previous calendar year.

2. Each producer shall communicate the following data:

(a) its total production of each substance referred to in paragraph 1;

(b) any production placed on the market or used for the producer’s own account within [F136 any part of Great Britain], separately identifying production for feedstock, process agent and other uses;

(c) any production to meet the essential laboratory and analytical uses in [F137 any part of Great Britain], licensed in accordance with Article 10(6);

(d) any production authorised under Article 10(8) to satisfy essential laboratory and analytical uses of Parties;

(e) any increase in production authorised under Article 14(2), (3) and (4) in connection with industrial rationalisation;

(f) any quantity recycled, reclaimed or destroyed and the technology used for the destruction, including amounts produced and destroyed as by-product as referred to in Article 3(14);

(g) any stocks;

(h) any purchases from and sales to other producers in [F138 any part of Great Britain].

3. Each importer shall communicate for each substance referred to in paragraph 1 the following data:

(a) any quantities released for free circulation in [F139 any part of Great Britain], separately identifying imports for feedstock and process agent uses, for essential laboratory and analytical uses licensed in accordance with Article 10(6), for use in quarantine and pre-shipment applications and for destruction. Importers which imported controlled substances for destruction shall also communicate the actual final destination or destinations of each of the substances, providing separately for each destination the quantity of each of the substances and the name and address of destruction facility where the substance was delivered;

(b) any quantities imported under other customs procedures, separately identifying the customs procedure and the designated uses;

(c) any quantities of used substances referred to in paragraph 1 imported for recycling or reclamation;

(d) any stocks;

(e) any purchases from and sales to other undertakings in [F140 any part of Great Britain];

(f) the exporting country.

4. Each exporter shall communicate for each substances referred to in paragraph 1 the following data:

(a) any quantities of such substances exported, separately identifying quantities exported to each country of destination and quantities exported for feedstock and process agent uses, essential laboratory and analytical uses, critical uses and for quarantine and pre-shipment applications;

(b) any stocks;

(c) any purchases from and sales to other undertakings in [F141 any part of Great Britain];

(d) the country of destination.

5. Each undertaking destroying controlled substances referred to in paragraph 1 and not covered by paragraph 2 shall communicate the following data:

(a) any quantities of such substances destroyed, including quantities contained in products or equipment;

(b) any stocks of such substances waiting to be destroyed, including quantities contained in products or equipment;

(c) technology used for the destruction.

6. Each undertaking using controlled substances as feedstock or process agents shall communicate the following data:

(a) any quantities of such substances used as feedstock or process agents;

(b) any stocks of such substances;

(c) the processes and emissions involved.

7. [F142 By 31 March 2022, and by 31 March each year thereafter, each producer or importer which holds a licence under Article 10(6) must, for each substance for which an authorisation has been received, report to the appropriate regulator] the nature of the use, the quantities used during the previous year, the quantities held in stock, any quantities recycled, reclaimed or destroyed, and the quantity of products and equipment containing or relying on those substances placed on [F143 any part of Great Britain] market and/or exported.

8. The [F144 appropriate regulator] shall take appropriate steps to protect the confidentiality of the information submitted to it.

[F145 9. The Secretary of State may determine the format of the reports referred to in paragraphs 1 to 7 and publish the determination.]

10. The [F146 appropriate authority may, by regulations,] amend the reporting requirements laid down in paragraphs 1 to 7.

F147 ...

Textual Amendments

F135 Words in Art. 27(1) 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, 27(2) (as substituted by S.I. 2020/1616, regs. 1(2), 2(16)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F136 Words in Art. 27(2)(b) 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, 27(3) (as amended by S.I. 2020/1616, regs. 1(2), 2(16)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F137 Words in Art. 27(2)(c) 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, 27(3) (as amended by S.I. 2020/1616, regs. 1(2), 2(16)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F138 Words in Art. 27(2)(h) 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, 27(3) (as amended by S.I. 2020/1616, regs. 1(2), 2(16)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F139 Words in Art. 27(3)(a) 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, 27(4) (as amended by S.I. 2020/1616, regs. 1(2), 2(16)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F140 Words in Art. 27(3)(e) 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, 27(4) (as amended by S.I. 2020/1616, regs. 1(2), 2(16)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F141 Words in Art. 27(4)(c) 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, 27(5) (as amended by S.I. 2020/1616, regs. 1(2), 2(16)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F142 Words in Art. 27(7) 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, 27(6)(a) (as substituted by S.I. 2020/1616, regs. 1(2), 2(16)(c)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F143 Words in Art. 27(7) 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, 27(6)(b) (as amended by S.I. 2020/1616, regs. 1(2), 2(16)(c)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F144 Words in Art. 27(8) 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, 27(7); 2020 c. 1, Sch. 5 para. 1(1)

F145 Art. 27(9) 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, 27(8); 2020 c. 1, Sch. 5 para. 1(1)

F146 Words in Art. 27(10) 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, 27(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F147 Words in Art. 27(10) 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, 27(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 28 U.K. Inspection

1. F148 ... Inspections on the compliance of undertakings with this Regulation, [F149 shall be undertaken in accordance with the Ozone Depleting Substances Regulations 2015] following a risk-based approach, including inspections on imports and exports of controlled substances as well as of products and equipment containing or relying on those substances. F150 ...

F151 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. F153 ...

The [F154 appropriate regulator] shall take appropriate steps to protect the confidentiality of information obtained under this Article.

F155 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F148 Words in Art. 28(1) 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, 28(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F149 Words in Art. 28(1) inserted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 28(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F150 Words in Art. 28(1) 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, 28(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F151 Art. 28(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, 28(3); 2020 c. 1, Sch. 5 para. 1(1)

F152 Art. 28(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, 28(3); 2020 c. 1, Sch. 5 para. 1(1)

F153 Words in Art. 28(4) 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, 28(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F154 Words in Art. 28(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, 28(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F155 Art. 28(5) 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, 28(5); 2020 c. 1, Sch. 5 para. 1(1)

F156 Article 29 U.K. Penalties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F156 Art. 29 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, 29; 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F126 Ch. 7 heading 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, 24; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VIII U.K. FINAL PROVISIONS

Article 30 U.K. Repeal

Regulation (EC) No 2037/2000 shall be repealed as from 1 January 2010.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex VIII.

Article 31 U.K. Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2010.

F157 ...

Textual Amendments

F157 Words in Signature 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, 30; 2020 c. 1, Sch. 5 para. 1(1)

ANNEX I U.K. CONTROLLED SUBSTANCES

a The figures relating to ozone-depleting potential are estimates based on existing knowledge and will be reviewed and revised periodically in the light of decisions taken by the Parties.
b This formula does not refer to 1,1,2-trichloroethane.
c Identifies the most commercially viable substance as prescribed in the Protocol.
Group	Substance			Ozone-depleting potentiala
Group I	CFCl3	CFC-11	Trichlorofluoromethane	1,0
	CF2Cl2	CFC-12	Dichlorodifluoromethane	1,0
	C2F3Cl3	CFC-113	Trichlorotrifluoroethane	0,8
	C2F4Cl2	CFC-114	Dichlorotetrafluoroethane	1,0
	C2F5Cl	CFC-115	Chloropentafluoroethane	0,6
Group II	CF3Cl	CFC-13	Chlorotrifluoromethane	1,0
	C2FCl5	CFC-111	Pentachlorofluoroethane	1,0
	C2F2Cl4	CFC-112	Tetrachlorodifluoroethane	1,0
	C3FCl7	CFC-211	Heptachlorofluoropropane	1,0
	C3F2Cl6	CFC-212	Hexachlorodifluoropropane	1,0
	C3F3Cl5	CFC-213	Pentachlorotrifluoropropane	1,0
	C3F4Cl4	CFC-214	Tetrachlorotetrafluoropropane	1,0
	C3F5Cl3	CFC-215	Trichloropentafluoropropane	1,0
	C3F6Cl2	CFC-216	Dichlorohexafluoropropane	1,0
	C3F7Cl	CFC-217	Chloroheptafluoropropane	1,0
Group III	CF2BrCl	halon-1211	Bromochlorodifluoromethane	3,0
	CF3Br	halon-1301	Bromotrifluoromethane	10,0
	C2F4Br2	halon-2402	Dibromotetrafluoroethane	6,0
Group IV	CCl4	CTC	Tetrachloromethane (carbon tetrachloride)	1,1
Group V	C2H3Cl3 b	1,1,1-TCA	1,1,1-Trichloroethane (methylchloroform)	0,1
Group VI	CH3Br	methyl bromide	Bromomethane	0,6
Group VII	CHFBr2	HBFC-21 B2	Dibromofluoromethane	1,00
	CHF2Br	HBFC-22 B1	Bromodifluoromethane	0,74
	CH2FBr	HBFC-31 B1	Bromofluoromethane	0,73
	C2HFBr4	HBFC-121 B4	Tetrabromofluoroethane	0,8
	C2HF2Br3	HBFC-122 B3	Tribromodifluoroethane	1,8
	C2HF3Br2	HBFC-123 B2	Dibromotrifluoroethane	1,6
	C2HF4Br	HBFC-124 B1	Bromotetrafluoroethane	1,2
	C2H2FBr3	HBFC-131 B3	Tribromofluoroethane	1,1
	C2H2F2Br2	HBFC-132 B2	Dibromodifluoroethane	1,5
	C2H2F3Br	HBFC-133 B1	Bromotrifluoroethane	1,6
	C2H3FBr2	HBFC-141 B2	Dibromofluoroethane	1,7
	C2H3F2Br	HBFC-142 B1	Bromodifluoroethane	1,1
	C2H4FBr	HBFC-151 B1	Bromofluoroethane	0,1
	C3HFBr6	HBFC-221 B6	Hexabromofluoropropane	1,5
	C3HF2Br5	HBFC-222 B5	Pentabromodifluoropropane	1,9
	C3HF3Br4	HBFC-223 B4	Tetrabromotrifluoropropane	1,8
	C3HF4Br3	HBFC-224 B3	Tribromotetrafluoropropane	2,2
	C3HF5Br2	HBFC-225 B2	Dibromopentafluoropropane	2,0
	C3HF6Br	HBFC-226 B1	Bromohexafluoropropane	3,3
	C3H2FBr5	HBFC-231 B5	Pentabromofluoropropane	1,9
	C3H2F2Br4	HBFC-232 B4	Tetrabromodifluoropropane	2,1
	C3H2F3Br3	HBFC-233 B3	Tribromotrifluoropropane	5,6
	C3H2F4Br2	HBFC-234 B2	Dibromotetrafluoropropane	7,5
	C3H2F5Br	HBFC-235 B1	Bromopentafluoropropane	1,4
	C3H3FBr4	HBFC-241 B4	Tetrabromofluoropropane	1,9
	C3H3F2Br3	HBFC-242 B3	Tribromodifluoropropane	3,1
	C3H3F3Br2	HBFC-243 B2	Dibromotrifluoropropane	2,5
	C3H3F4Br	HBFC-244 B1	Bromotetrafluoropropane	4,4
	C3H4FBr3	HBFC-251 B1	Tribromofluoropropane	0,3
	C3H4F2Br2	HBFC-252 B2	Dibromodifluoropropane	1,0
	C3H4F3Br	HBFC-253 B1	Bromotrifluoropropane	0,8
	C3H5FBr2	HBFC-261 B2	Dibromofluoropropane	0,4
	C3H5F2Br	HBFC-262 B1	Bromodifluoropropane	0,8
	C3H6FBr	HBFC-271 B1	Bromofluoropropane	0,7
Group VIII	CHFCl2	HCFC-21c	Dichlorofluoromethane	0,040
	CHF2Cl	HCFC-22c	Chlorodifluoromethane	0,055
	CH2FCl	HCFC-31	Chlorofluoromethane	0,020
	C2HFCl4	HCFC-121	Tetrachlorofluoroethane	0,040
	C2HF2Cl3	HCFC-122	Trichlorodifluoroethane	0,080
	C2HF3Cl2	HCFC-123c	Dichlorotrifluoroethane	0,020
	C2HF4Cl	HCFC-124c	Chlorotetrafluoroethane	0,022
	C2H2FCl3	HCFC-131	Trichlorofluoroethane	0,050
	C2H2F2Cl2	HCFC-132	Dichlorodifluoroethane	0,050
	C2H2F3Cl	HCFC-133	Chlorotrifluoroethane	0,060
	C2H3FCl2	HCFC-141	Dichlorofluoroethane	0,070
	CH3CFCl2	HCFC-141bc	1,1-Dichloro-1-fluoroethane	0,110
	C2H3F2Cl	HCFC-142	Chlorodifluoroethane	0,070
	CH3CF2Cl	HCFC-142bc	1-Chloro-1,1-difluoroethane	0,065
	C2H4FCl	HCFC-151	Chlorofluoroethane	0,005
	C3HFCl6	HCFC-221	Hexachlorofluoropropane	0,070
	C3HF2Cl5	HCFC-222	Pentachlorodifluoropropane	0,090
	C3HF3Cl4	HCFC-223	Tetrachlorotrifluoropropane	0,080
	C3HF4Cl3	HCFC-224	Trichlorotetrafluoropropane	0,090
	C3HF5Cl2	HCFC-225	Dichloropentafluoropropane	0,070
	CF3CF2CHCl2	HCFC-225cac	3,3-Dichloro-1,1,1,2,2-pentafluoropropane	0,025
	CF2ClCF2CHClF	HCFC-225cbc	1,3-Dichloro-1,1,2,2,3-pentafluoropropane	0,033
	C3HF6Cl	HCFC-226	Chlorohexafluoropropane	0,100
	C3H2FCl5	HCFC-231	Pentachlorofluoropropane	0,090
	C3H2F2Cl4	HCFC-232	Tetrachlorodifluoropropane	0,100
	C3H2F3Cl3	HCFC-233	Trichlorotrifluoropropane	0,230
	C3H2F4Cl2	HCFC-234	Dichlorotetrafluoropropane	0,280
	C3H2F5Cl	HCFC-235	Chloropentafluoropropane	0,520
	C3H3FCl4	HCFC-241	Tetrachlorofluoropropane	0,090
	C3H3F2Cl3	HCFC-242	Trichlorodifluoropropane	0,130
	C3H3F3Cl2	HCFC-243	Dichlorotrifluoropropane	0,120
	C3H3F4Cl	HCFC-244	Chlorotetrafluoropropane	0,140
	C3H4FCl3	HCFC-251	Trichlorofluoropropane	0,010
	C3H4F2Cl2	HCFC-252	Dichlorodifluoropropane	0,040
	C3H4F3Cl	HCFC-253	Chlorotrifluoropropane	0,030
	C3H5FCl2	HCFC-261	Dichlorofluoropropane	0,020
	C3H5F2Cl	HCFC-262	Chlorodifluoropropane	0,020
	C3H6FCl	HCFC-271	Chlorofluoropropane	0,030
Group IX	CH2BrCl	BCM	Bromochloromethane	0,12

ANNEX II U.K. NEW SUBSTANCES

Part A: Substances restricted under Article 24(1) U.K.

Substance		Ozone-depleting potential
CBr2 F2	Dibromodifluoromethane (halon-1202)	1,25

Part B: Substances to be reported on under Article 27 U.K.

a The figures relating to ozone-depleting potential are estimates based on existing knowledge and will be reviewed and revised periodically in the light of decisions taken by the Parties.
Substance		Ozone-depleting potentiala
C3H7Br	1-Bromopropane (n-propyl bromide)	0,02 — 0,10
C2H5Br	Bromoethane (ethyl bromide)	0,1 — 0,2
CF3I	Trifluoroiodomethane (trifluoromethyl iodide)	0,01 — 0,02
CH3Cl	Chloromethane (methyl chloride)	0,02

ANNEX III U.K.

Processes in which controlled substances are used as process agents as referred to in Article 3(12):

(a)

use of carbon tetrachloride for the elimination of nitrogen trichloride in the production of chlorine and caustic soda;

(b)

use of carbon tetrachloride in the recovery of chlorine in tail gas from production of chlorine;

(c)

use of carbon tetrachloride in the manufacture of chlorinated rubber;

(d)

use of carbon tetrachloride in the manufacture of poly-phenylene-terephthalamide;

(e)

use of CFC-12 in the photochemical synthesis of perfluoropolyetherpolyperoxide precursors of Z-perfluoropolyethers and difunctional derivatives;

(f)

use of CFC-113 in the preparation of perfluoropolyether diols with high functionality;

(g)

use of carbon tetrachloride in production of Cyclodime;

(h)

use of hydrochlorofluorocarbons in the processes set out in points (a) to (g) when used to replace the chlorofluorocarbon or carbon tetrachloride.

ANNEX IV U.K.

Groups, Combined Nomenclature codes^a and descriptions for the substances referred to in Annex I

a An ‘ex’ before a code implies that substances other than those referred to in the column ‘Description’ may also fall under that subheading.
Group	CN code	Description
Group I	2903 41 00	Trichlorofluoromethane
	2903 42 00	Dichlorodifluoromethane
	2903 43 00	Trichlorotrifluoroethanes
	2903 44 10	Dichlorotetrafluoroethanes
	2903 44 90	Chloropentafluoroethane
Group II	2903 45 10	Chlorotrifluoromethane
	2903 45 15	Pentachlorofluoroethane
	2903 45 20	Tetrachlorodifluoroethanes
	2903 45 25	Heptachlorofluoropropanes
	2903 45 30	Hexachlorodifluoropropanes
	2903 45 35	Pentachlorotrifluoropropanes
	2903 45 40	Tetrachlorotetrafluoropropanes
	2903 45 45	Trichloropentafluoropropanes
	2903 45 50	Dichlorohexafluoropropanes
	2903 45 55	Chloroheptafluoropropanes
Group III	2903 46 10	Bromochlorodifluoromethane
	2903 46 20	Bromotrifluoromethane
	2903 46 90	Dibromotetrafluoroethanes
Group IV	2903 14 00	Carbon tetrachloride
Group V	2903 19 10	1,1,1-Trichloroethane (methyl chloroform)
Group VI	2903 39 11	Bromomethane (methyl bromide)
Group VII	2903 49 30	Hydrobromofluoromethanes, -ethanes or -propanes
Group VIII	2903 49 11	Chlorodifluoromethane (HCFC-22)
	2903 49 15	1,1-Dichloro-1-fluoroethane (HCFC-141b)
	2903 49 19	Other Hydrochlorofluoromethanes, -ethanes or -propanes (HCFCs)
Group IX	ex 2903 49 80	Bromochloromethane
Mixtures	3824 71 00	Mixtures containing chlorofluorocarbons (CFCs), whether or not containing hydrochlorofluorocarbons (HCFCs), perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs)
	3824 72 00	Mixtures containing bromochlorodifluoromethane, bromotrifluoromethane or dibromotetrafluoroethanes
	3824 73 00	Mixtures containing hydrobromofluorocarbons (HBFCs)
	3824 74 00	Mixtures containing hydrochlorofluorocarbons (HCFCs), whether or not containing perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs), but not containing chlorofluorocarbons (CFCs)
	3824 75 00	Mixtures containing carbon tetrachloride
	3824 76 00	Mixtures containing 1,1,1-trichloroethane (methyl chloroform)
	3824 77 00	Mixtures containing bromomethane (methyl bromide) or bromochloromethane

ANNEX V U.K. Conditions for the placing on the market and further distribution of controlled substances for essential laboratory and analytical uses referred to in Article 10(3)

1. Controlled substances for essential laboratory and analytical uses shall contain only controlled substances manufactured to the following purities: U.K.

Substance	%
CTC (reagent grade)	99,5
1,1,1-trichloroethane	99,0
CFC 11	99,5
CFC 13	99,5
CFC 12	99,5
CFC 113	99,5
CFC 114	99,5
Other controlled substances with a boiling point > 20 °C	99,5
Other controlled substances with a boiling point < 20 °C	99,0

These pure controlled substances may be subsequently mixed by manufacturers, agents, or distributors with other chemicals controlled or not controlled by the Protocol as is customary for laboratory and analytical uses.

2. These high purity substances and mixtures containing controlled substances shall be supplied only in re-closable containers or high pressure cylinders smaller than three litres or in 10 millilitre or smaller glass ampoules, marked clearly as substances that deplete the ozone layer, restricted to laboratory and analytical uses and specifying that used or surplus substances should be collected and recycled, if practical. The material should be destroyed if recycling is not practical. U.K.

[F158 ANNEX VI U.K. CRITICAL USES OF HALONS

Textual Amendments

F158 Substituted by Commission Regulation (EU) No 744/2010 of 18 August 2010 amending Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, with regard to the critical uses of halons (Text with EEA relevance).

For the purposes of this Annex, the following definitions shall apply:

1.

‘ Cut-off date ’ means the date after which halons must not be used for fire extinguishers or fire protection systems in new equipment and new facilities for the application concerned.

2.

‘ New equipment ’ means equipment for which, by the cut-off date, neither of the following events has occurred:

(a)

signature of the relevant procurement or development contract;

(b)

submission of a request for type approval or type certification to the appropriate regulatory authority. [F159 For aircraft, submission of a request for type certification refers to a submission of a request for a new aircraft type certification.]

3.

‘ New facilities ’ means facilities for which, by the cut-off date, neither of the following events has occurred:

(a)

signature of the relevant development contract;

(b)

submission of a request for planning consent to the appropriate regulatory authority.

4.

‘ End date ’ means the date after which halons shall not be used for the application concerned and by which date the fire extinguishers or fire protection systems containing halons shall be decommissioned.

5.

‘ Inerting ’ means preventing the initiation of combustion of a flammable or explosive atmosphere by means of the addition of an inhibiting or diluting agent.

6.

‘ Cargo ship ’ means a ship that is not a passenger ship, is over 500 tonnes gross weight, and embarks on an international voyage, in accordance with the definition of those terms in the Safety of Life at Sea (SOLAS) Convention. The SOLAS Convention defines a ‘ passenger ship ’ as ‘ a ship that carries more than 12 passengers ’ and an ‘ international voyage ’ as ‘ a voyage from a country to which the present Convention applies to a port outside such country, or conversely ’ .

7.

A ‘ normally occupied ’ space means a protected space in which it is necessary for persons to be present most or all of the time in order for the equipment or facility to function effectively. For military applications, the occupancy status of the protected space would be that applicable during a combat situation.

8.

A ‘ normally unoccupied ’ space means a protected space that is occupied for limited periods only, in particular for undertaking maintenance, and where the continual presence of persons is not necessary for the effective functioning of the equipment or facility.

Textual Amendments

F159 Inserted by Commission Regulation (EU) 2017/605 of 29 March 2017 amending Annex VI to Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer (Text with EEA relevance).

CRITICAL USES OF HALONS
Application				Cut-off date (31 December of the stated year)	End date (31 December of the stated year)
Category of equipment or facility	Purpose	Type of extinguisher	Type of halon
1. On military ground vehicles	1.1. For the protection of engine compartments	Fixed system	1301 1211 2402	2010	2035
	1.2. For the protection of crew compartments	Fixed system	1301 2402	2011	2040
	1.3. For the protection of crew compartments	Portable extinguisher	1301 1211	2011	2020
2. On military surface ships	2.1. For the protection of normally occupied machinery spaces	Fixed system	1301 2402	2010	2040
	2.2. For the protection of normally unoccupied engine spaces	Fixed system	1301 1211 2402	2010	2035
	2.3. For the protection of normally unoccupied electrical compartments	Fixed system	1301 1211	2010	2030
	2.4. For the protection of command centres	Fixed system	1301	2010	2030
	2.5. For the protection of fuel pump rooms	Fixed system	1301	2010	2030
	2.6. For the protection of flammable liquid storage compartments	Fixed system	1301 1211 2402	2010	2030
	2.7. For the protection of aircraft in hangars and maintenance areas	Portable extinguisher	1301 1211	2010	2016
3. On military submarines	3.1. For the protection of machinery spaces	Fixed system	1301	2010	2040
	3.2. For the protection of command centres	Fixed system	1301	2010	2040
	3.3. For the protection of diesel generator spaces	Fixed system	1301	2010	2040
	3.4. For the protection of electrical compartments	Fixed system	1301	2010	2040
4. On aircraft	4.1. For the protection of normally unoccupied cargo compartments	Fixed system	1301 1211 2402	2018	2040
	4.2. For the protection of cabins and crew compartments	Portable extinguisher	1211 2402	2014	2025
	4.3. For the protection of engine nacelles and auxiliary power units	Fixed system	1301 1211 2402	2014	2040
	4.4. For the inerting of fuel tanks	Fixed system	1301 2402	2011	2040
	4.5. For the protection of lavatory waste receptacles	Fixed system	1301 1211 2402	2011	2020
	4.6. For the protection of dry bays	Fixed system	1301 1211 2402	2011	2040
5. In oil, gas and petrochemicals facilities	5.1. For the protection of spaces where flammable liquid or gas could be released	Fixed system	1301 2402	2010	2020
6. On commercial cargo ships	6.1. For the inerting of normally occupied spaces where flammable liquid or gas could be released	Fixed system	1301 2402	1994	2016
7. In land-based command and communications facilities essential to national security	7.1. For the protection of normally occupied spaces	Fixed system	1301 2402	2010	2025
	7.2. For the protection of normally occupied spaces	Portable extinguisher	1211	2010	2013
	7.3. For the protection of normally unoccupied spaces	Fixed system	1301 2402	2010	2020
8. At airfields and airports	8.1. For crash rescue vehicles	Portable extinguisher	1211	2010	2016
	8.2. For the protection of aircraft in hangars and maintenance areas	Portable extinguisher	1211	2010	2016
9. In nuclear power and nuclear research facilities	9.1. For the protection of spaces where necessary to minimise risk of dispersion of radioactive matter	Fixed system	1301	2010	2020
10. In the Channel Tunnel	10.1. For the protection of technical facilities	Fixed system	1301	2010	2016
	10.2. For the protection of power cars and shuttle wagons of Channel Tunnel trains	Fixed system	1301	2010	2020
11. Other	11.1. For initial extinguishing by fire brigades where essential to personal safety	Portable extinguisher	1211	2010	2013
	11.2. For the protection of persons by military and police personnel	Portable extinguisher	1211	2010	2013]

ANNEX VII U.K. DESTRUCTION TECHNOLOGIES REFERRED TO IN ARTICLE 22(1)

a Controlled substances not listed below shall be destroyed by the most environmentally acceptable destruction technology not entailing excessive costs.
b Concentrated sources refer to virgin, recovered and reclaimed ozone-depleting substances.
c Dilute sources refer to ozone-depleting substances contained in a matrix of a solid, for example foam.
d The DRE criterion presents technology capability on which approval of the technology is based. It does not always reflect the day-to-day performance achieved, which in itself will be controlled by national minimum standards.
e Approved by the Parties.
Applicability
Technology	Controlled substancesa b		Dilute sourcesc
	Controlled substances listed in Annex I, groups I, II, IV, V, VIII	Halons listed in Annex I group III	Foam
Destruction and removal efficiency (DRE)d	99,99 %	99,99 %	95 %
Cement kilns	Approvede	Not Approved	Not applicable
Liquid injection incineration	Approved	Approved	Not applicable
Gaseous/fume oxidation	Approved	Approved	Not applicable
Municipal solid waste incineration	Not applicable	Not applicable	Approved
Reactor cracking	Approved	Not Approved	Not applicable
Rotary kiln incineration	Approved	Approved	Approved
Argon plasma arc	Approved	Approved	Not applicable
Inductively coupled radio frequency plasma	Approved	Approved	Not applicable
Microwave plasma	Approved	Not Approved	Not applicable
Nitrogen plasma arc	Approved	Not Approved	Not applicable
Gas phase catalytic dehalogenation	Approved	Not Approved	Not applicable
Superheated steam reactor	Approved	Not Approved	Not applicable

ANNEX VIII U.K. CORRELATION TABLE

Regulation (EC) No 2037/2000	This Regulation
Article 1	Article 1 and 2
Article 2	Article 3
Article 3(1) first subparagraph	Article 4(1)
Article 3(1) second subparagraph	Article 10(2) and (4)
Article 3(2) point (i)	Article 4
Article 3(2) point (ii) first subparagraph	—
Article 3(2) point (ii) second subparagraph	Article 12(3)
Article 3(3)	Article 11(1)
Article 3(4)	Article 10(6) first sentence
Article 3(5)	Article 10(7)
Article 3(6)	—
Article 3(7)	Article 10(8)
Article 3(8)	Article 14(2)
Article 3(9)	Article 14(3)
Article 3(10)	Article 14(4)
Article 4(1)	Article 5(1)
Article 4(2) point (i)	Article 5(1)
Article 4(2) point (ii)	—
Article 4(2) point (iii) first subparagraph	Article 12(1) and (2)
Article 4(2) point (iii) second subparagraph	Article 26(1) point (a)
Article 4(2) point (iii) third subparagraph	Article 12(2)
Article 4(2) point (iv)	—
Article 4(3) point (i)	Article 5(1)
Article 4(3) point (ii)	—
Article 4(3) point (iii)	—
Article 4(3) point (iv)	—
Article 4(4) point (i)(a)	Article 9
Article 4(4) point (i)(b) first indent	Article 7(1) and Article 8(1)
Article 4(4) point (i)(b) second indent	Article 10(1) and Article 12(3)
Article 4(4) point (ii)	—
Article 4(4) point (iii)	—
Article 4(4) point (iv) first sentence	Article 13(1)
Article 4(4) point (iv) second sentence	Article 27(1)
Article 4(4) point (v)	Article 6(2)
Article 4(5)	Article 14(1)
Article 4(6)	Article 6
Article 4(6)	—
Article 5(1)	Article 5(1)
Article 5(2) point (a)	Article 11(2)
Article 5(2) point (b)	Article 7(1)
Article 5(2) point (c)	Article 8(1)
Article 5(3)	—
Article 5(4) first sentence	Article 11(8)
Article 5(4) second sentence	—
Article 5(5)	—
Article 5(6)	—
Article 5(7)	Article 11(8)
Article 6(1) first sentence	Article 15(3)
Article 6(1) second sentence	—
Article 6(2)	—
Article 6(3)	Article 18(3)
Article 6(4)	Article 18(5)
Article 6(5)	Article 18(9)
Article 7	Article 16(1)
Article 8	Article 20(1)
Article 9(1)	Article 20(1)
Article 9(2)	Article 21
Article 10	Article 20(2)
Article 11(1)	Article 17(1) and (2)
Article 11(2)	Article 20(1)
Article 11(3)	Article 20(1)
Article 11(4)	—
Article 12(1)	Article 17(4)
Article 12(2)	Article 18(4)
Article 12(3)	Article 18(5)
Article 12(4)	Article 18(3) and (4)
Article 13	Article 20(3)
Article 14	Article 20(4)
Article 15	—
Article 16(1)	Article 22(1)
Article 16(2)	—
Article 16(3)	Article 22(3)
Article 16(4)	—
Article 16(5)	Article 22(5)
Article 16(6)	—
Article 16(7)	—
Article 17	Article 23
Article 18	Article 25
Article 19	Article 25
Article 20(1)	Article 28(3)
Article 20(2)	Article 28(3)
Article 20(3)	Article 28(1)
Article 20(4)	Article 28(2)
Article 20(5)	Article 28(4)
Article 21	Article 29
Article 22	Article 24
Article 23	Article 30
Article 24	Article 31
Annex I	Annex I
Annex III	—
Annex IV	Annex IV
Annex V	—
Annex VI	Annex III
Annex VII	Annex VI

(1)

OJ C 100, 30.4.2009, p. 135.

(2)

Opinion of the European Parliament of 25 March 2009 (not yet published in the Official Journal) and Council Decision of 27 July 2009.

(3)

OJ L 244, 29.9.2000, p. 1.

(4)

OJ L 297, 31.10.1988, p. 8.

(5)

OJ L 258, 26.9.2008, p. 68.

(6)

OJ L 123, 24.4.1998, p. 1.

(7)

OJ L 230, 19.8.1991, p. 1.

(8)

OJ L 307, 24.11.2003, p. 1.

(9)

OJ 196, 16.8.1967, p. 1.

(10)

OJ L 200, 30.7.1999, p. 1.

(11)

OJ L 353, 31.12.2008, p. 1.

(12)

OJ L 281, 23.11.1995, p. 31.

(13)

OJ L 8, 12.1.2001, p. 1.

(14)

OJ L 118, 27.4.2001, p. 41.

(15)

OJ L 184, 17.7.1999, p. 23.

(16)

OJ L 114, 27.4.2006, p. 9. Directive 2006/12/EC is repealed by Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3) with effect from 12 December 2010.

(17)

OJ L 377, 31.12.1991, p. 20.

(18)

OJ L 37, 13.2.2003, p. 24.