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

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 [F1 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 [F2 Great Britain] or imports under the temporary storage, customs warehousing or free zone procedure [F3 under the Taxation (Cross-border Trade) Act 2018], provided that they remain in [F2 Great Britain] no longer than 45 days and that they are not subsequently presented for release for free circulation in [F4 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 [F5 Environment Agency] after verification of compliance with Articles 16 and 20.

Textual Amendments

F1 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)

F2 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)

F3 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)

F4 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)

F5 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 [F6 any part of Great Britain] of imported controlled substances

1. The release for free circulation in [F7 any part of Great Britain] of imported controlled substances shall be subject to quantitative limits. The [F8 appropriate regulator] shall determine those limits and allocate quotas to undertakings for the period from [F9 the day after that on which IP completion day falls to 31 December 2021] and for each 12-month period thereafter F10 ...

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 [F11 appropriate regulator], importers of substances referred to in points (a), (b) and (c) of paragraph 1 shall declare to the [F11 appropriate regulator] the anticipated demand, specifying the nature and quantities of controlled substances needed. On the basis of those declarations the [F11 appropriate regulator] shall establish quantitative limits to the imports of substances referred to in points (a), (b) and (c) of paragraph 1.

Textual Amendments

F6 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)

F7 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)

F8 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)

F9 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)

F10 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)

F11 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 [F12 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 [F13 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 [F14 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 [F15 non-domestic goods] subsequent to transit through [F16 Great Britain], temporary storage, customs-warehousing or free zone procedure, [F17 in accordance with the applicable provisions of the Taxation (Cross-border Trade) Act 2018], provided that the [F18 export] takes place not later than 45 days after the import. That export licence shall be issued by the [F19 Environment Agency] to undertakings after verification of compliance with Article 20.

Textual Amendments

F12 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)

F13 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)

F14 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)

F15 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)

F16 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)

F17 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)

F18 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)

F19 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 [F20 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 [F21 Environment Agency][F22 ;]

[F23 (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 [F24 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 [F24 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 [F24 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 [F24 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.

F25 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. The [F26 Environment Agency] shall, as soon as possible, inform the applicant F27 ... of any licence application rejected pursuant to paragraph 6, specifying the reason for the rejection.

9. The [F28 Secretary of State may, by regulations,] amend the list of items mentioned in paragraph 3 and Annex IV. F29 ...

Textual Amendments

F20 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)

F21 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)

F22 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.

F23 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.

F24 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)

F25 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)

F26 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)

F27 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)

F28 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)

F29 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 [F30 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 [F31 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.

F32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 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)

F31 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)

F32 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 [F33 appropriate authority may make regulations in relation] to the release for free circulation in [F34 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. F35 ...

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 [F36 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. F37 ...

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 [F38 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.

F39 ...

Textual Amendments

F33 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)

F34 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)

F35 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)

F36 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)

F37 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)

F38 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)

F39 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)

F40 Article 21 U.K. List of products and equipment containing or relying on controlled substances

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

Textual Amendments

F40 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)