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- Point in Time (31/12/2020)
- Original (As adopted by EU)
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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There are currently no known outstanding effects for the Regulation (EC) No 1005/2009 of the European Parliament and of the Council, Article 18.
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1.The [F1Environment 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:
the commercial description;
the description and the Combined Nomenclature code as laid down in Annex IV;
whether the substance is virgin, recovered, recycled or reclaimed;
the quantity of the substance in metric kilograms;
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:
the type and nature of the products and equipment;
for countable items the number of units, the description and the quantity per unit in metric kilograms of each controlled substance;
for uncountable items the total quantity of the product, the description and the total net quantity, in metric kilograms, of each controlled substance;
the country/countries of final destination of the products and equipment;
whether the controlled substance contained is virgin, recycled, recovered or reclaimed;
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;
in the case of products and equipment containing or relying on hydrochlorofluorocarbons, the reference to the Commission authorisation referred to in Article 17(3);
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 [F2Environment Agency][F3;]
[F4(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:
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;
the types of halons that the products and equipment to be imported or exported contains or relies on;
the Combined Nomenclature code of the products and equipment to be imported or exported.]
4.Each importer or exporter shall notify the [F5Environment 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 [F5Environment 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 [F5Environment 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 [F5Environment 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.
F67.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8.The [F7Environment Agency] shall, as soon as possible, inform the applicant F8... of any licence application rejected pursuant to paragraph 6, specifying the reason for the rejection.
9.The [F9Secretary of State may, by regulations,] amend the list of items mentioned in paragraph 3 and Annex IV. F10...
Textual Amendments
F1Words 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)
F2Words 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)
F3Substituted 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.
F4Inserted 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.
F5Words 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)
F6Art. 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)
F7Words 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)
F8Words 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)
F9Words 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)
F10Words 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)
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