Subject matter
This Regulation lays down rules on the production, import, export, placing on the market, storage and subsequent supply of ozone-depleting substances, as well as on their use, recovery, recycling, reclamation and destruction, and on the reporting of information related to those substances and on the import, export, placing on the market, subsequent supply and use of products and equipment containing ozone-depleting substances or whose functioning relies upon those substances.
Scope
This Regulation applies to:
(a)
the ozone-depleting substances listed in Annexes I and II and their isomers, whether alone or contained in mixtures; and
(b)
products and equipment, and parts thereof, containing ozone-depleting substances or whose functioning relies upon those substances.
Definitions
For the purposes of this Regulation, the following definitions apply:
(1)
‘feedstock’ means any ozone-depleting substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition and whose emissions are insignificant;
(2)
‘process agents’ means any ozone-depleting substances used as chemical process agents in the applications listed in Annex III;
(3)
‘import’ means the entry of substances, products and equipment into the customs territory of the Union, in so far as the territory is covered by a ratification of the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer (the ‘Protocol’), and includes temporary storage and the customs procedures referred to in Articles 201 and 210 of Regulation (EU) No 952/2013;
(4)
‘export’ means the exit of substances, products and equipment from the customs territory of the Union, in so far as the territory is covered by a ratification of the Protocol;
(5)
‘placing on the market’ means the customs release for free circulation in the Union or the supplying or making available to another person within the Union, for the first time, for payment or free of charge, or the use of substances produced, or of products or equipment manufactured, for own use;
(6)
‘use’ means, in relation to ozone-depleting substances, their utilisation in the production, maintenance or servicing, including refilling, of products and equipment, or in other activities and processes referred to in this Regulation;
(7)
‘producer’ means any natural or legal person producing ozone-depleting substances within the Union;
(8)
‘recovery’ means the collection and storage of ozone-depleting substances from containers, products and equipment during maintenance or servicing or prior to the disposal of the containers, products or equipment;
(9)
‘recycling’ means the reuse of a recovered ozone-depleting substance following a basic cleaning process, including filtering and drying;
(10)
‘reclamation’ means the reprocessing of a recovered ozone-depleting substance to the equivalent performance of a virgin substance, taking into account its intended use, in authorised reclamation facilities that have the appropriate equipment and procedures in place to enable the reclamation of such substances and that can assess and attest to the level of the required quality;
(11)
‘undertaking’ means any natural or legal person which carries out an activity referred to in this Regulation;
(12)
‘container’ means a receptacle which is designed primarily for transporting or storing ozone-depleting substances;
(13)
‘products and equipment’ means all products and equipment, including parts thereof, except containers, used for transporting or storing ozone-depleting substances;
(14)
‘virgin substance’ means a substance which has not previously been used;
(15)
‘decommissioning’ means the permanent removal from operation or usage of a product or of equipment that contains ozone-depleting substances, including the final shutdown of a facility;
(16)
‘destruction’ means the process of transforming or decomposing, permanently and as completely as possible, an ozone-depleting substance into one or more stable substances that are not ozone-depleting substances;
(17)
‘establishment within the Union’ means, in relation to a natural person, for that person to have his or her habitual residence in the Union and, in relation to a legal person, for that person to have a permanent business establishment as referred to in Article 5, point (32), of Regulation (EU) No 952/2013 in the Union;
(18)
‘foam panel’ means a structure made of layers containing a foam and a rigid material, such as wood or metal, bound to one or both sides;
(19)
‘laminated board’ means a foam board that is covered by a thin layer of a non-rigid material, such as plastic.
