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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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Article 17U.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 competent authority of a Member State 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 Commission may, following a request by a competent authority of a Member State and in accordance with the management procedure referred to in Article 25(2), 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 Commission to the importing country.
4.Exports referred to in paragraphs 2 and 3 shall be subject to licensing, with the exception of re-exports subsequent to transit through the customs territory of the Community, temporary storage, customs-warehousing or free zone procedure, as referred to in Regulation (EC) No 450/2008, provided that the re-export takes place not later than 45 days after the import. That export licence shall be issued by the Commission to undertakings after verification of compliance with Article 20.
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