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Regulation (EU) No 517/2014 of the European Parliament and of the CouncilShow full title
Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (Text with EEA relevance)
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Article 16U.K.Allocation of quotas for placing hydrofluorocarbons on the market
1.[F1The appropriate regulator shall] determine for each producer or importer, having reported data [F2to the appropriate regulator on the quantities of hydrofluorocarbons placed on the market from 2015 to 2019,]F3..., a reference value based on the annual average of the quantities of hydrofluorocarbons the producer or importer reported to have placed on the market from [F42015 to 2019]. The reference values shall be calculated in accordance with Annex V to this Regulation.
[F5An appropriate authority for any part of Great Britain shall consult the appropriate authority for each other part of Great Britain before a proposal is made to allocate quota.
A consultation conducted in respect of the above shall have regard to the response of any other appropriate authority and an assessment of the impact of the proposal on any part of Great Britain].
2.Producers and importers that have not reported [F6to the appropriate regulator the placing on the market of quantities of hydrofluorocarbons] for the F7... period referred to in paragraph 1 may declare their intention to place hydrofluorocarbons on the market F8....
The declaration shall be addressed to the [F9appropriate regulator], specifying the types of hydrofluorocarbons and the quantities that are expected to be placed on the market.
The [F9appropriate regulator] shall issue a notice of the time-limit for submitting those declarations. Before submitting a declaration pursuant to paragraphs 2 and 4 of this Article, undertakings shall register in the registry provided for in Article 17.
3.By [F1031st October 2023] and every three years thereafter, the [F11appropriate regulator] shall recalculate the reference values for the producers and importers referred to in paragraphs 1 and 2 of this Article on the basis of the annual average of the quantities of hydrofluorocarbons lawfully placed on the market from [F121 January [F132015]] as reported under Article 19 [F14or otherwise] for the years available. [F15The appropriate regulator shall determine those reference values.]
F16...
4.Producers and importers for which reference values have been determined may declare additional anticipated quantities following the procedure set out in paragraph 2.
5.The [F17appropriate regulator] shall allocate quotas for placing hydrofluorocarbons on the market for each producer and importer for each year beginning with the year [F182021], applying the allocation mechanism laid down in Annex VI.
Quotas shall only be allocated to producers or importers which are established within [F19any part of the United Kingdom], or which have mandated an only representative established within [F19any part of the United Kingdom] for the purpose of compliance with the requirements of this Regulation. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council(1).
The only representative shall comply with all obligations of producers and importers under this Regulation.
Textual Amendments
F1Words 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, 48(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 16(1) inserted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 48(2)(a)(iii) (as amended by S.I. 2020/1616, regs. 1(2), 2(23)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words 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, 48(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words 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, 48(2)(a)(iv) (as amended by S.I. 2020/1616, regs. 1(2), 2(23)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F5Words 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, 48(2)(b) (as amended by S.I. 2020/1616, regs. 1(2), 2(23)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
F6Words 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, 48(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F7Word in Art. 16(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, 48(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 16(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, 48(3)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F9Words 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, 48(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 16(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, 48(4)(a)(i) (as amended by S.I. 2020/1616, regs. 1(2), 2(23)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 16(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, 48(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 16(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, 48(4)(a)(iii) (as amended by S.I. 2020/1616, regs. 1(2), 2(23)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
F13Word in Art. 16(3) substituted (31.10.2023) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2023 (S.I. 2023/1161), regs. 1(1), 2(2)(a)
F14Words in Art. 16(3) inserted (31.10.2023) by The Fluorinated Greenhouse Gases (Amendment) Regulations 2023 (S.I. 2023/1161), regs. 1(1), 2(2)(b)
F15Words in Art. 16(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, 48(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Art. 16(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, 48(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
F17Words in Art. 16(5) 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, 48(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F18Word in Art. 16(5) 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, 48(5)(a)(ii) (as amended by S.I. 2020/1616, regs. 1(2), 2(23)(c)); 2020 c. 1, Sch. 5 para. 1(1)
F19Words in Art. 16(5) 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, 48(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
(1)
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
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