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

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;

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 the Community;

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 and the Community 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 a Member State 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 the customs territory of the Community as far as the territory is covered by a Member State’s ratification of the Protocol and this Regulation applies;

19.

‘export’ means the exit from the customs territory of the Community, in so far as the territory is covered by a Member State’s ratification of the Protocol and by this Regulation, of substances, products and equipment covered by this Regulation which have the status of Community goods or the re-export of substances, products and equipment covered by this Regulation if they have the status of non-Community goods;

20.

‘placing on the market’ means the supplying or making available to third persons within the Community for payment or free of charge, and includes the release for free circulation in the Community as referred to in Regulation (EC) No 450/2008. 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 the Community 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;

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.