Licensing system
1. The Commission shall set up and ensure the operation of the electronic licensing system for ozone-depleting substances listed in Annex I, and for products and equipment containing those substances or whose functioning relies upon those substances (the ‘licensing system’).
2. Undertakings that wish to obtain the licences required in accordance with Article 13(2) or Article 14(3) shall submit an application using the licensing system. Before submitting such an application, undertakings shall have a valid registration in the licensing system. Undertakings shall also ensure that they have a valid registration in the licensing system before reporting pursuant to Article 24.
Applications for licences shall be processed within 30 days. Licences shall be issued in accordance with the rules and procedures set out in Annex VII.
3. Licences may be issued to undertakings with an establishment within the Union and to undertakings with an establishment outside the Union.
Undertakings with an establishment outside the Union shall appoint an only representative with an establishment within the Union that assumes the full responsibility for compliance with this Regulation. The only representative may be the same as the one appointed pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council ( 22 ) .
4. Licences shall be time-limited. They shall remain valid until they expire, are suspended or revoked by the Commission pursuant to this Article, or are withdrawn by the undertaking. In the case of imports or exports of recovered, recycled or reclaimed halons stored for critical uses referred to in Article 9(1), the time limit shall not exceed the end date for the critical use set out in Annex V.
5. Each undertaking that holds a licence shall, during the period of validity of the licence, notify the Commission without undue delay of any changes which might occur during the period of validity of the licence in relation to the information submitted in accordance with Annex VII.
6. The Commission may request additional information where needed to confirm the accuracy and completeness of the information provided by the undertakings in accordance with Annex VII.
7. The competent authorities of Member States, including the customs authorities, or the Commission 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.
8. The Commission may share the data submitted in the licensing system to the extent necessary in specific cases with competent authorities of the Parties to the Protocol concerned.
9. A licence shall be suspended where there is reasonable suspicion that any obligation set out in this Regulation is not complied with. A licence shall be revoked where there is evidence that any obligation set out in this Regulation is not complied with. The licence application shall also be rejected or the licence revoked where there is evidence of serious or repeated infringements of Union customs law or Union environmental law by the undertaking related to its activities under this Regulation.
Undertakings shall be informed, as soon as possible, of any licence application being rejected or of any licence being suspended or revoked, specifying the reasons for rejection, suspension or revocation. Member States shall also be informed of such cases.
10. Undertakings shall take all necessary measures to ensure that an export of ozone-depleting substances does not:
(a)
constitute a case of illegal trade;
(b)
impact adversely on the implementation of control measures taken by the country of destination to comply with its obligations under the Protocol;
(c)
lead to an excess of the quantitative limits under the Protocol for the country referred to in point (b).
11. The competent authorities of Member States, including customs authorities, shall have access to the licensing system for the purpose of enforcing this Regulation. Access to the licensing system by customs authorities shall be ensured via the European Union Single Window Environment for Customs (‘EU Single Window Environment for Customs’) referred to in paragraphs 14 and 15.
12. The competent authorities of Member States and the Commission shall ensure the confidentiality of the information included in the licensing system.
13. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend Annex VII where it is necessary to ensure the smooth functioning of the licensing system, to facilitate the enforcement of customs controls, or where it is necessary to comply with the Protocol.
14. The Commission shall ensure the interconnection of the licensing system with the EU Single Window Environment for Customs through the European Union Customs Single Window Certificate Exchange System established by Regulation (EU) 2022/2399.
15. Member States shall ensure the interconnection of their national single window environments for customs with the European Union Customs Single Window Certificate Exchange System for the purpose of exchanging information with the licensing system.
Trade controls
1. Customs authorities and market surveillance authorities shall enforce the prohibitions and other restrictions set out in this Regulation with regard to imports and exports.
2. For the purposes of import, the undertaking holding the licence pursuant to Article 13(2) of this Regulation shall be the importer. Where the importer is not available, the undertaking holding that licence shall be the declarant indicated in the customs declaration who is the holder of the authorisation for a special procedure other than transit, unless there is a transfer of rights and obligations pursuant to Article 218 of Regulation (EU) No 952/2013 to allow another person to be the declarant. In the case of transit procedure, the undertaking holding the licence shall be the holder of the procedure.
For the purposes of export, the undertaking holding the licence pursuant to Article 14(3) shall be the exporter indicated in the customs declaration.
3. In cases of imports of ozone-depleting substances, and products and equipment containing those substances or whose functioning relies upon those substances, the importer or, where not available, the declarant, indicated in the customs declaration or in the temporary storage declaration, and in cases of exports the exporter indicated in the customs declaration, shall provide to customs authorities the following information, where relevant, in the customs declaration:
(a)
licensing system registration identification number and the number of the licence pursuant to Article 13(2) and Article 14(3);
(b)
Economic Operators Registration and Identification (EORI) number;
(c)
net mass of ozone-depleting substance(s), also when included in products and equipment;
(d)
net mass multiplied by the ODP of the ozone-depleting substance(s), also when included in products and equipment;
(e)
commodity code under which the goods are classified.
4. Customs authorities shall verify, in particular, whether in cases of imports the importer indicated in the customs declaration or, where not available, the declarant, and in cases of exports the exporter indicated in the customs declaration, has a valid licence pursuant to Article 13(2) and Article 14(3).
5. Where relevant, customs authorities shall communicate information regarding the customs clearance of goods to the licensing system via the EU Single Window Environment for Customs.
6. Importers of ozone-depleting substances listed in Annex I in refillable containers shall make available to customs authorities at the time when the customs declaration related to the release for free circulation is submitted a declaration of conformity as referred to in Article 15(3), including evidence confirming the arrangements in place for the return of the container for the purpose of refilling.
7. Importers of halons in accordance with Article 13(1), point (g), and exporters of halons in accordance with Article 14(1), point (e), shall make available to customs authorities at the time when the customs declaration related to the release for free circulation or to the export is submitted a certificate confirming the nature of the substance as listed in Article 13(1), point (g), and Article 14(1), point (e).
8. Importers of ozone-depleting substances shall make available to customs authorities at the time when the customs declaration related to the release for free circulation is submitted the evidence referred to in Article 15(4).
9. Customs authorities shall verify compliance with the rules on imports and exports set out in this Regulation, when carrying out the controls based on risk analysis in the context of the Customs Risk Management System and in accordance with Article 46 of Regulation (EU) No 952/2013. That risk analysis shall take into account, in particular, any available information on the likelihood of illegal trade in ozone-depleting substances and the compliance history of the undertaking concerned.
10. Based on risk analysis, when carrying out physical customs controls on the ozone- depleting substances, products and equipment covered by this Regulation, the customs authority shall, in particular, verify the following on imports and exports:
(a)
that the goods presented correspond to those described in the licence and in the customs declaration;
(b)
that the goods are appropriately labelled in accordance with Article 15(5) before those goods are released for free circulation.
The importer or exporter shall make the licence available to customs authorities during the controls in accordance with Article 15 of Regulation (EU) No 952/2013.
11. Customs authorities shall confiscate or seize the ozone-depleting substances, products and equipment that are prohibited by this Regulation for their disposal in accordance with Articles 197 and 198 of Regulation (EU) No 952/2013 or shall inform the competent authorities in order to ensure the confiscation and seizure of such substances, products and equipment for their disposal. Market surveillance authorities shall also withdraw or recall from the market such substances, products and equipment in accordance with Article 16 of Regulation (EU) 2019/1020.
The re-export of ozone-depleting substances, products and equipment covered by this Regulation that do not comply with this Regulation shall be prohibited.
12. Customs authorities or market surveillance authorities shall take all necessary measures to prevent attempts to import or export the ozone-depleting substances, products and equipment covered by this Regulation that were already not allowed to enter or exit the territory.
13. Member States shall designate or approve customs offices or other places and shall specify the route to those offices and places, in accordance with Articles 135 and 267 of Regulation (EU) No 952/2013, for the presentation to customs authorities of ozone-depleting substances listed in Annex I to this Regulation, and of products and equipment containing those substances or whose functioning relies upon those substances at their entry into or at their exit from the customs territory of the Union. Controls shall be carried out by customs office personnel or by other authorised persons in accordance with national rules, who are knowledgeable about matters related to the prevention of illegal activities covered by this Regulation and have access to suitable equipment to carry out the relevant physical controls based on risk analysis.
Only the designated or approved customs offices or other places referred to in the first subparagraph shall be authorised to open or end a transit procedure of ozone-depleting substances listed in Annex I, or of products and equipment containing those substances or whose functioning relies upon those substances.
Measures to monitor illegal trade
1. On the basis of regular monitoring of trade in ozone-depleting substances and assessment of the potential risks of illegal trade linked to the movements of ozone-depleting substances, and products and equipment containing those substances or whose functioning relies upon those substances, the Commission is empowered to adopt delegated acts in accordance with Article 29 to:
(a)
supplement this Regulation by specifying the criteria to be taken into account by the competent authorities of Member States when carrying out checks, in accordance with Article 26, to establish whether undertakings comply with their obligations under this Regulation;
(b)
supplement this Regulation by specifying the requirements to be checked when monitoring, in accordance with Article 17, ozone-depleting substances, and products and equipment containing those substances or whose functioning relies upon those substances, placed under temporary storage or under a customs procedure, including customs warehousing or the free zone procedure, or in transit through the customs territory of the Union;
(c)
amend this Regulation by adding tracing methodologies for ozone-depleting substances placed on the market for the monitoring, in accordance with Articles 13 and 14, of imports and exports of ozone-depleting substances, and products and equipment containing those substances or whose functioning relies upon those substances, placed under temporary storage or under a customs procedure.
2. When adopting a delegated act under paragraph 1, the Commission shall take into account the environmental benefits and socioeconomic impacts of the methodology to be established under points (a), (b) and (c) of that paragraph.
Trade with States or regional economic integration organisations and territories not covered by the Protocol
1. Import and export of ozone-depleting substances listed in Annex I, and of products and equipment containing those substances or whose functioning relies upon those substances, from and to any State or regional economic integration organisation that has not agreed to be bound by the provisions of the Protocol applicable to a particular substance controlled under the Protocol, shall be prohibited.
2. The Commission is empowered to adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing the rules applicable to the release for free circulation and export of products and equipment imported from and exported to any State or regional economic integration organisation within the meaning of paragraph 1, which were produced using ozone-depleting substances listed in Annex I, but do not contain substances which can be positively identified as ozone-depleting substances listed in that Annex, as well as rules on the identification of such products and equipment. When adopting those delegating acts, the Commission shall take into account the relevant decisions taken by the Parties to the Protocol and, as regards the rules on the identification of such products and equipment, any periodic technical advice given to the Parties to the Protocol.
3. By way of derogation from paragraph 1, trade with any State or regional economic integration organisation within the meaning of paragraph 1 in ozone-depleting substances listed in Annex I, and in products and equipment containing those substances or whose functioning relies upon those substances or which are produced by means of one or more such substances, may be authorised by the Commission, by means of implementing acts, to the extent that the State or regional economic integration organisation is determined by a meeting of the Parties to the Protocol 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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
4. Subject to any decision taken by the Parties to the Protocol, as referred to in paragraph 2, paragraph 1 shall apply to any territory not covered by the Protocol in the same way as such decisions apply to any State or regional economic integration organisation within the meaning of paragraph 1.
5. 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 Commission may decide, by means of implementing acts, that some or all of the provisions of paragraph 1 of this Article shall not apply in respect of that territory. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
