Feedstock
1. By way of derogation from Article 4(1), ozone-depleting substances listed in Annex I may be produced, placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge in order to be used as feedstock.
2. The Commission shall, where appropriate, adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing a list of chemical production processes for which the use of ozone-depleting substances listed in Annex I as feedstock shall be prohibited on the basis of the technical assessments carried out under the Protocol, in particular the quadrennial reports prepared by the assessment panels under the Protocol, that include assessments of available alternatives to existing feedstock uses and of emission levels of existing feedstock uses.
3. By way of derogation from paragraph 2, where no technical assessments of available alternatives to existing feedstock uses and of emission levels of existing feedstock uses carried out under the Protocol are available that provide a sufficient basis for taking a decision whether to prohibit a feedstock use, the Commission shall, by 31 December 2027, make its own assessment on the basis of scientific recommendations on the existing feedstock uses, the impacts in terms of ozone-depleting potential (ODP) and the availability of more precise data on the greenhouse gas emissions from feedstock, technological developments resulting in the availability of technically feasible alternatives, and the energy use, efficiency, economic feasibility and cost of those alternatives, and shall adopt, where appropriate, on the basis of that assessment, the delegated acts referred to in paragraph 2.
4. The list established pursuant to paragraph 2 may be updated, where necessary, in light of the findings of the quadrennial reports prepared by the assessment panels under the Protocol or of the Commission’s own assessments.
Process agents
1. By way of derogation from Article 4(1), ozone-depleting substances listed in Annex I may be produced, placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge in order to be used as process agents in the processes referred to in Annex III. Those substances shall only be used as process agents subject to the conditions laid down pursuant to paragraphs 2 and 3 of this Article.
2. Ozone-depleting substances referred to in paragraph 1 shall only be used as process agents in installations existing on 1 September 1997 provided that the emissions of ozone-depleting substances from those installations are insignificant, and subject to the conditions laid down pursuant to paragraph 3.
3. The Commission may, by means of implementing acts, establish a list of undertakings for which the use of ozone-depleting substances listed in Annex I as process agents in the processes referred to in Annex III in the installations referred to in paragraph 2 of this Article, is permitted, laying down the maximum quantities that may be used for make-up or for consumption as process agents and maximum emission levels for each of the undertakings concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
4. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex III where it is necessary due to technical developments or decisions taken by the Parties to the Protocol.
Essential laboratory and analytical uses
1. By way of derogation from Article 4(1), ozone-depleting substances listed in Annex I may be produced, placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge in order to be used for essential laboratory and analytical uses, and subject to the conditions laid down pursuant to paragraph 2 of this Article.
2. The Commission may, by means of implementing acts, determine any essential laboratory and analytical uses for which the production and import of ozone-depleting substances listed in Annex I may be permitted in the Union, the period for which the exemption is valid and those users which may take advantage of those essential laboratory and analytical uses. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
3. An undertaking that places on the market and subsequently supplies or makes available to another person within the Union for payment or free of charge ozone-depleting substances for essential laboratory and analytical uses as referred to in paragraph 1 shall keep records of the following information for each substance:
(a)
name;
(b)
quantity placed on the market or supplied;
(c)
purpose of use;
(d)
list of the purchasers and suppliers.
4. An undertaking that uses ozone-depleting substances for essential laboratory and analytical uses as referred to in paragraph 1 shall keep records of the following information for each substance:
(a)
name;
(b)
quantity supplied or used;
(c)
purpose of use;
(d)
list of suppliers.
5. The records referred to in paragraphs 3 and 4 shall be kept for at least 5 years and shall be made available, upon request, to the competent authorities of the Member State concerned or to the Commission.
6. Ozone-depleting substances for essential laboratory and analytical uses as referred to in paragraph 1 shall only be placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge under the conditions set out in Annex IV.
7. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex IV where it is necessary due to technical developments or decisions taken by the Parties to the Protocol.
Critical uses of halons
1. By way of derogation from Article 4(1), halons may be placed on the market and used for critical uses in accordance with Annex V. Halons may only be placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge by undertakings authorised by the competent authority of the Member State concerned to store halons for critical uses.
2. Fire protection systems and fire extinguishers containing halons applied for critical uses referred to in paragraph 1 of this Article or whose functioning relies upon those halons shall be decommissioned by the end dates set out in Annex V. The halons contained in fire protection systems and fire extinguishers shall be recovered in accordance with Article 20(5).
3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex V where technically and economically feasible alternatives or technology is not available for the critical uses listed in that Annex within the timeframes set out therein or not acceptable due to their effect on the environment or health, or where it is necessary to ensure compliance with the international commitments of the Union concerning critical uses of halons, established in particular under the Protocol, by the International Civil Aviation Organization or under the International Convention for the Prevention of Pollution from Ships.
4. The Commission may, by means of implementing acts, and following a substantiated request of the competent authority of a Member State, grant time-limited derogations from the end dates or cut-off dates set out in Annex V for a specific case where it is demonstrated in the derogation request that no technically and economically feasible alternative is available for that particular application. The Commission shall include reporting requirements in those implementing acts and shall require the submission of supporting evidence necessary for monitoring the use of the derogation, including evidence on quantities of halons recovered for recycling or reclamation, results of leak checks and quantities of unused halons in stocks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Emergency use of methyl bromide
1. In the case of an emergency, where unexpected outbreaks of particular pests or diseases so require, the Commission may, at the request of the competent authority of a Member State, by means of implementing acts, and upon notification to the Ozone Secretariat in accordance with Decision IX/7 of the Parties to the Protocol, authorise the temporary production, placing on the market, and use of methyl bromide, provided that the placing on the market and use of methyl bromide are allowed respectively under Regulations (EC) No 1107/2009 and (EU) No 528/2012. Any unused quantities of methyl bromide shall be destroyed.
2. The implementing acts referred to in paragraph 1 of this Article shall specify measures to be taken to reduce emissions of methyl bromide during use and apply for a period not exceeding 120 days and to a quantity not exceeding 20 metric tonnes of methyl bromide. The Commission shall include in those implementing acts reporting requirements and shall require the submission of supporting evidence necessary for monitoring the use of methyl bromide, including evidence on the destruction of the substance following the end of the derogation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Exemptions relating to products and equipment containing ozone-depleting substances or whose functioning relies upon those substances
1. By way of derogation from Article 5(1), products and equipment for which the use of the respective ozone-depleting substance is authorised in accordance with Article 8 or 9 may be placed on the market, subsequently supplied or made available to another person within the Union for payment or free of charge.
2. Except for the critical uses referred to in Article 9(1), fire protection systems and fire extinguishers containing halons shall be prohibited and shall be decommissioned.
3. Products and equipment containing ozone-depleting substances or whose functioning relies upon those substances shall be decommissioned when they reach the end of their life cycle.
Destruction and reclamation
By way of derogation from Article 4(1) and Article 5(1), ozone-depleting substances listed in Annex I, and products and equipment containing ozone-depleting substances listed in Annex I or whose functioning relies upon those substances, may be placed on the market, subsequently supplied or made available to another person within the Union for payment or free of charge, for destruction within the Union pursuant to Article 20(6). Ozone-depleting substances listed in Annex I may also be placed on the market for reclamation within the Union.
Imports
1. By way of derogation from Article 4(2) and Article 5(2), the following imports are allowed:
(a)
ozone-depleting substances to be used as feedstock in accordance with Article 6;
(b)
ozone-depleting substances to be used as process agents in accordance with Article 7;
(c)
ozone-depleting substances to be used for essential laboratory and analytical uses in accordance with Article 8;
(d)
ozone-depleting substances for destruction by technology as referred to in Article 20(6);
(e)
ozone-depleting substances for reclamation as referred to in Article 12;
(f)
methyl bromide for emergency use in accordance with Article 10;
(g)
recovered, recycled or reclaimed halons, under the condition that they are only imported for critical uses referred to in Article 9(1), by undertakings authorised by the competent authority of the Member State concerned to store halons for critical uses;
(h)
products and equipment containing halons or whose functioning relies upon halons, for the purposes of critical uses referred to in Article 9(1);
(i)
products and equipment containing ozone-depleting substances, or whose functioning relies upon those substances, for destruction, where applicable by technology as referred to in Article 20(6);
(j)
products and equipment containing ozone-depleting substances or whose functioning relies upon those substances, for the purposes of essential laboratory and analytical uses as referred to in Article 8.
2. The imports referred to in paragraph 1 of this Article shall be subject to the presentation of a valid licence to customs authorities issued by the Commission pursuant to Article 16, except in the case of temporary storage.
Exports
1. By way of derogation from Article 4(2) and Article 5(2), the following exports are allowed:
(a)
ozone-depleting substances to be used for essential laboratory and analytical uses as referred to in Article 8;
(b)
ozone-depleting substances to be used as feedstock in accordance with Article 6;
(c)
ozone-depleting substances to be used as process agents in accordance with Article 7;
(d)
virgin or reclaimed hydrochlorofluorocarbons, for uses other than those referred to in points (a) and (b), except for destruction;
(e)
recovered, recycled or reclaimed halons stored for critical uses as referred to in Article 9(1) by undertakings authorised by the competent authority of a Member State concerned to store halons for critical uses;
(f)
products and equipment containing halons or whose functioning relies upon halons, for the purposes of critical uses as referred to in Article 9(1);
(g)
products and equipment containing ozone-depleting substances imported under Article 13(1), point (j), or whose functioning relies upon those substances.
2. By way of derogation from Article 5(2), the Commission may, by means of implementing acts, following a request by a competent authority of a Member State, 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, and such export is in accordance with domestic legislation of the country of destination. Before authorising the export request, the Commission shall verify that the domestic legislation of the country of destination ensures that such products and equipment shall, after the end of their life cycle, be handled in an appropriate way with a view to minimising releases of ozone-depleting substances. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Prior to such export, the Commission shall notify the country of destination thereof.
3. The exports referred to in paragraphs 1 and 2 of this Article shall be subject to the presentation of a valid licence to customs authorities issued by the Commission pursuant to Article 16, except in the case of re-export subsequent to temporary storage.
Conditions for exemptions
1. The import, placing on the market, any subsequent supply or making available to another person within the Union for payment or free of charge, use or export of non-refillable containers for ozone-depleting substances, empty, or fully or partially filled, shall be prohibited, except for essential laboratory and analytical uses as referred to in Article 8. Such containers may only be stored or transported for subsequent disposal.
The first subparagraph shall apply to non-refillable containers, namely:
(a)
containers which cannot be refilled without being adapted for that purpose; and
(b)
containers which could be refilled but are imported or placed on the market without provision having been made for their return for refilling.
2. Any non-refillable containers as referred to in paragraph 1, point (a), shall be seized, confiscated, withdrawn or recalled from the market by the customs authorities or the market surveillance authorities for disposal by destruction. It shall be prohibited to re-export non-refillable containers that are prohibited pursuant to paragraph 1.
3. Undertakings which place on the market refillable containers for ozone-depleting substances shall produce a declaration of conformity that includes evidence confirming that there are binding arrangements in place for the return of those containers for the purpose of refilling, in particular identifying the relevant actors, their obligatory commitments and the relevant logistical arrangements. Those arrangements shall be made binding on the distributors of the refillable containers for ozone-depleting substances to the end-user.
The undertakings referred to in the first subparagraph shall keep the declaration of conformity for a period of at least 5 years from the placing on the market of the refillable containers for ozone-depleting substances and shall make that declaration available, upon request, to the competent authority of the Member State concerned or to the Commission. Suppliers of refillable containers for ozone-depleting substances to end-users shall keep evidence of compliance with the binding arrangements referred to in the first subparagraph for a period of at least 5 years from supply to the end-user and shall make that evidence available, upon request, to the competent authority of the Member State concerned or to the Commission.
The Commission may, by means of implementing acts, determine the requirements for including the elements that are essential for the binding arrangements referred to in the first subparagraph in the declaration of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
4. The placing on the market of ozone-depleting substances shall be prohibited, unless producers or importers provide evidence to the competent authority of a Member State at the time of such placing on the market, that any trifluoromethane, produced as a by-product during the production process of the ozone-depleting substances, including during the production of feedstock for the production of those substances, has been destroyed or recovered for subsequent use, using best available techniques.
For the purpose of providing that evidence, producers and importers shall draw up a declaration of conformity, accompanied by supporting documentation:
(a)
establishing the origin of the ozone-depleting substances to be placed on the market;
(b)
identifying the production facility of origin of the ozone-depleting substances to be placed on the market, including an identification of those facilities of origin of any precursor substances that involve the generation of chlorodifluoromethane (R-22) as part of the production process to produce the ozone-depleting substances to be placed on the market;
(c)
proving the availability and operation of the abatement technology at the facilities of origin equivalent to UNFCCC-approved baseline methodology AM0001 for incineration of trifluoromethane waste streams or proving the capture and destruction methodology that ensured that emissions of trifluoromethane are destroyed in accordance with the requirements under the Protocol;
(d)
on any additional information facilitating the tracking of the ozone-depleting substances prior to import.
Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least 5 years from the placing on the market and make them available, upon request, to the competent authority of the Member State concerned or to the Commission.
The Commission may, by means of implementing acts, determine the detailed arrangements relating to the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
5. Ozone-depleting substances listed in Annex I produced or placed on the market as feedstock, as process agents, for essential laboratory and analytical uses, or for destruction or reclamation, as referred to in Articles 6, 7, 8 and 12, respectively, may only be used for those purposes.
Containers containing the ozone-depleting substances intended for the uses referred to in Articles 6, 7, 8 and 12 of this Regulation shall be labelled with a clear indication that the substance may only be used for the applicable purpose. Where such substances are subject to the labelling requirements provided for in Regulation (EC) No 1272/2008, such indication shall be included in the labels referred to in that Regulation.
The Commission may, by means of implementing acts, determine the format and the indication to be used on the labels referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
6. Undertakings that produce, including as by-production or side-production, place on the market, supply to another person in the Union or receive from another person in the Union ozone-depleting substances listed in Annex I intended for use as feedstock, as process agents or intended to be destroyed or reclaimed, as well as undertakings that destroy or reclaim those substances or use those substances as feedstock or as process agents, shall keep records containing at least the following information for each ozone-depleting substance, as applicable:
(a)
name of the ozone-depleting substance or mixture containing such substance;
(b)
quantity produced, imported, exported, reclaimed or destroyed during the given calendar year;
(c)
quantity supplied and received during the given calendar year, per individual supplier or receiver;
(d)
names and contact details of the suppliers or receivers;
(e)
quantity used during the given calendar year and specifying the actual use; and
(f)
quantity stored on 1 January and 31 December of the given calendar year.
The undertakings shall keep the records referred to in the first subparagraph for at least 5 years after production, placing on the market, supply or receipt, and shall make them available, upon request, to the competent authorities of the Member State concerned or to the Commission. Those competent authorities and the Commission shall ensure the confidentiality of information contained in those records.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
