23. A producer or importer which, after 31st December 2009, places hydrochlorofluorocarbons on the market or uses them for its own account, commits an offence unless –
(a)they are placed on the market or used –
(i)for a purpose mentioned in Article 4(4)(i)(b),
(ii)pursuant to such a transfer as is mentioned in Article 4(5), or
(iii)in accordance with an authorisation of the Commission pursuant to Article 5(7); or
(b)they are placed on the market for destruction within the Community by technologies approved by the Parties.