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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)
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- Revised 19/04/20170.46 MB
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- Revised 08/09/20100.88 MB
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1.
[F1‘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. [F2For 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
F1Substituted 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).
F2Inserted 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).
Modifications etc. (not altering text)
C1Annex 6 excluded in part (31.12.2021) by The Ozone-Depleting Substances (Grant of Halon Derogations) Regulations 2021 (S.I. 2021/1397), regs. 1(1), 3
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