
CHAPTER I
Article 1 
This Regulation lays down rules on the production, import, export, placing on the market, use, recovery, recycling, reclamation and destruction of substances that deplete the ozone layer, on the reporting of information related to those substances and on the import, export, placing on the market and use of products and equipment containing or relying on those substances.
Article 2 
This Regulation shall apply to controlled substances, to new substances and to products and equipment containing or relying on controlled substances.
Article 3 
For the purposes of this Regulation:

1.. ‘Protocol’ means the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer, as last amended and adjusted;
2.. ‘Party’ means any party to the Protocol;
3.. ‘State not party to the Protocol’ means, with respect to a particular controlled substance, any State or regional economic integration organisation that has not agreed to be bound by the provisions of the Protocol applicable to that substance;
3A.. ‘part of Great Britain’ means, as the case may be, England, Scotland or Wales;
3B.. ‘Scotland’ is to be construed in accordance with section 126(1) and (2) of the Scotland Act 1998;
3C.. ‘Wales’ is to be construed in accordance with section 158(1), (3) and (4) of the Government of Wales Act 2006;
3D.. ‘appropriate authority’ means—
(a) in relation to England, the Secretary of State;
(b) in relation to Scotland, the Scottish Ministers;
(c) in relation to Wales, the Welsh Ministers;
3E.. ‘appropriate regulator’—
(a) in relation to England, means the Environment Agency;
(b) in relation to Scotland, is to be read in accordance with Article 3A;
(c) in relation to Wales, is to be read in accordance with Article 3B;
4.. ‘controlled substances’ means substances listed in Annex I, including their isomers, whether alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed;
5.. ‘chlorofluorocarbons’ means the controlled substances listed in Group I of Annex I, including their isomers;
6.. ‘halons’ means the controlled substances listed in Group III of Annex I, including their isomers;
7.. ‘carbon tetrachloride’ means the controlled substance specified in Group IV of Annex I;
8.. ‘methyl bromide’ means the controlled substance specified in Group VI of Annex I;
9.. ‘hydrochlorofluorocarbons’ means the controlled substances listed in Group VIII of Annex I, including their isomers;
10.. ‘new substances’ means substances listed in Annex II, whether alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed;
11.. ‘feedstock’ means any controlled substance or new substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition and whose emissions are insignificant;
12.. ‘process agents’ means controlled substances used as chemical process agents in the applications listed in Annex III;
13.. ‘producer’ means any natural or legal person producing controlled substances or new substances within any part of Great Britain;
14.. ‘production’ means the amount of controlled substances or new substances produced, including the amount produced, intentionally or inadvertently, as a by-product unless that by-product is destroyed as part of the manufacturing process or following a documented procedure ensuring compliance with this Regulation ... and national legislation on waste. No amount recovered, recycled or reclaimed shall be considered as ‘production’, nor shall any insignificant amount unavoidably incorporated in products in trace quantities or emitted during manufacturing;
15.. ‘ozone-depleting potential’ or ‘ODP’ means the figure specified in Annexes I and II representing the potential effect of each controlled substance or new substance on the ozone layer;
16.. ‘calculated level’ means a quantity determined by multiplying the quantity of each controlled substance by its ozone-depleting potential and by adding together, for each group of controlled substances in Annex I separately, the resulting figures;
17.. ‘industrial rationalisation’ means the transfer either between Parties or within any part of Great Britain of all or a portion of the calculated level of production of one producer to another, for the purpose of optimising economic efficiency or responding to anticipated shortfalls in supply as a result of plant closures;
18.. ‘import’ means the entry of substances, products and equipment covered by this Regulation into Great Britain;
19.. ‘export’ means the exit from Great Britain of substances, products and equipment covered by this Regulation;;
20.. ‘placing on the market’ means the supplying or making available to third persons within any part of Great Britain for payment or free of charge .... In respect of products and equipment being part of immovable property or part of means of transport this refers only to the supplying or making available within any part of Great Britain for the first time;
21.. ‘use’ means the utilisation of controlled substances or new substances in the production, maintenance or servicing, including refilling, of products and equipment or in other processes;
22.. ‘heat pump’ means a device or installation that extracts heat at low temperatures from air, water or earth and supplies heat;
23.. ‘recovery’ means the collection and the storage of controlled substances from products and equipment or containers during maintenance or servicing or before disposal;
24.. ‘recycling’ means the reuse of a recovered controlled substance following a basic cleaning process;
25.. ‘reclamation’ means the reprocessing of a recovered controlled substance in order to meet the equivalent performance of a virgin substance, taking into account its intended use;
25A.. ‘third country’ means a country other than the United Kingdom and for the purpose of Article 14 of this Regulation includes Northern Ireland;
26.. ‘undertaking’ means any natural or legal person which:

((a)) produces, recovers, recycles, reclaims, uses or destroys controlled substances or new substances;
((b)) imports such substances;
((c)) exports such substances;
((d)) places such substances on the market; or
((e)) operates refrigeration, air conditioning or heat pump equipment, or fire protection systems, which contain controlled substances;
27.. ‘quarantine applications’ means treatments to prevent the introduction, establishment or spread of quarantine pests (including diseases), or to ensure their official control, where:

— official control is that performed by, or authorised by, a national plant, animal or environmental protection or health authority,
— quarantine pests are pests of potential importance to the areas endangered thereby and not yet present there, or present but not widely distributed, and being officially controlled;
28.. ‘pre-shipment applications’ means those non-quarantine applications applied no more than 21 days prior to export to meet the official requirements of the importing country or official requirements of the exporting country existing before 7 December 1995. Official requirements are those which are performed by, or authorised by, a national plant, animal, environmental, health or stored product authority;
29.. ‘products and equipment relying on controlled substances’ means products and equipment which do not function without controlled substances, not including those products and equipment used for the production, processing, recovery, recycling, reclamation or destruction of controlled substances;
30.. ‘virgin substances’ means substances which have not previously been used;
31.. ‘products and equipment’ means all products and equipment except containers used for the transportation or storage of controlled substances.
Article 3A 

(1. The appropriate regulator in relation to Scotland is, subject to paragraph (2), the Scottish Environment Protection Agency.
(2. The Scottish Ministers may direct that a person or body other than the Scottish Environment Protection Agency is the appropriate regulator in relation to cases of a particular description or in a particular case.
(3. Before making a direction under paragraph (2), the Scottish Ministers must consult the Secretary of State.
Article 3B 

(1. The appropriate regulator in relation to Wales is, subject to paragraph (2), Natural Resources Body for Wales.
(2. The Welsh Ministers may direct that a person or body other than Natural Resources Body for Wales is the appropriate regulator in relation to cases of a particular description or in a particular case.
(3. Before making a direction under paragraph (2), the Welsh Ministers must consult the Secretary of State
CHAPTER II
Article 4 
The production of controlled substances shall be prohibited.
Article 5 

1. The placing on the market and the use of controlled substances shall be prohibited.
2. Controlled substances shall not be placed on the market in non-refillable containers, except for laboratory and analytical uses as referred to in Article 10 and Article 11(2).
3. This Article shall not apply to controlled substances in products and equipment.
Article 6 

1. The placing on the market of products and equipment containing or relying on controlled substances shall be prohibited, with the exception of products and equipment for which the use of the respective controlled substance is authorised in accordance with Article 10, Article 11(2) or Article 13 or has been authorised on the basis of Article 3(1) of Regulation (EC) No 2037/2000.
2. Except for uses referred to in Article 13(1), fire protection systems and fire extinguishers containing halons shall be prohibited and shall be decommissioned.
CHAPTER III
Article 7 

1. By way of derogation from Articles 4 and 5, controlled substances may be produced, placed on the market and used as feedstock.
2. Controlled substances produced or placed on the market as feedstock may only be used for that purpose. As of 1 July 2010, containers of such substances shall be labelled with a clear indication that the substance may only be used as feedstock. Where such substances are required to be labelled in accordance with Directive 67/548/EEC, Directive 1999/45/EC or Regulation (EC) No 1272/2008, such indication shall be included in the label referred to in those Directives or in the supplemental information part of the label as referred to in Article 25(3) of that Regulation.The appropriate authority may, by regulations, determine the form and content of the label to be used. ...
Article 8 

1. By way of derogation from Articles 4 and 5, controlled substances may be produced, placed on the market and used as process agents.
2. Controlled substances may only be used as process agents in installations existing on 1 September 1997, and where emissions are insignificant.
3. Controlled substances produced or placed on the market as process agents may only be used for that purpose. As of 1 July 2010, containers of such substances shall be labelled with a clear indication that those substances may only be used as process agents. Where such substances are required to be labelled in accordance with Directive 67/548/EEC, Directive 1999/45/EC or Regulation (EC) No 1272/2008, such indication shall be included in the label referred to in those Directives or in the supplemental information part of the label as referred to in Article 25(3) of that Regulation.The appropriate authority may, by regulations, determine the form and content of the label to be used. ...
4. The appropriate authority shall, if appropriate, ... establish a list of undertakings in which the use of controlled substances as process agents shall be permitted, laying down maximum quantities that may be used for make-up or for consumption as process agents and emission levels for each of the undertakings concerned.The ... amount of controlled substances that may be used as process agents within any part of Great Britain shall not, when added to the amounts that may be used as process agents in the other parts of Great Britain, exceed a maximum amount of 130.4 metric tonnes per year.The maximum amount of controlled substances that may be emitted from process agent uses within  any part of  Great Britain  shall not, when added to the amounts that may be used as process agents in the other parts of  Great Britain, exceed a maximum amount of  2.0  metric tonnes per year.
5. In the light of new information or technical developments or decisions taken by the Parties, the  Secretary of State shall, by regulations, if appropriate:
(a) amend Annex III;
(b) amend the maximum amount of controlled substances that may be used as process agents or emitted from process agent uses as referred to in the second and third subparagraphs of paragraph 4....
Article 9 
By way of derogation from Articles 5 and 6, controlled substances and products and equipment containing or relying on controlled substances may be placed on the market for destruction within any part of Great Britain in accordance with the requirements for destruction referred to in Article 22(1). Controlled substances may also be placed on the market for reclamation within any part of Great Britain.
Article 10 

1. By way of derogation from Articles 4 and 5, controlled substances other than hydrochlorofluorocarbons may be produced, placed on the market and used for essential laboratory and analytical uses, subject to registration and licensing in accordance with this Article.
2. The appropriate authority shall, if appropriate, ... determine any essential laboratory and analytical uses for which the production and import of controlled substances other than hydrochlorofluorocarbons may be permitted in any part of Great Britain, the respective quantities, the period for which the exemption shall be valid and those users which may take advantage of those essential laboratory and analytical uses.
3. Controlled substances produced or placed on the market for essential laboratory and analytical uses may only be used for that purpose. As of 1 July 2010, containers containing such substances shall be labelled with a clear indication that the substance may only be used for laboratory and analytical uses. Where such substances are required to be labelled in accordance with Directive 67/548/EEC, Directive 1999/45/EC or Regulation (EC) No 1272/2008, such indication shall be included in the label referred to in those Directives or in the supplemental information part of the label as referred to in Article 25(3) of that Regulation.The appropriate authority may, by regulations, determine the form and content of the label to be used. ...Controlled substances referred to in the first subparagraph shall only be placed on the market and further distributed under the conditions set out in Annex V. The appropriate authority may, by regulations, amend that Annex. ...
4. Any undertaking using controlled substances other than hydrochlorofluorocarbons for essential laboratory and analytical uses shall register with the appropriate regulator, indicating the substances being used, the purpose, the estimated annual consumption and the suppliers of those substances, and shall update that information when changes occur.
5. By the date specified in a notice issued by the appropriate regulator, producers and importers supplying the undertaking referred to in paragraph 4 or using controlled substances for their own account shall declare to the appropriate regulator the foreseen demand for the period specified in the notice, specifying the nature and quantities of controlled substances needed.
6. The appropriate regulator shall issue licences to producers and importers of controlled substances, other than hydrochlorofluorocarbons, produced or imported for essential laboratory and analytical uses and shall notify them of the use for which they have authorisation and the substances and quantities thereof that they are authorised to place on the market or to use for their own account. The quantity annually authorised under licences for individual producers and importers shall not exceed 130 % of the annual average of the calculated level of controlled substances licensed for the producer or importer for essential laboratory and analytical uses in the years 2007 to 2009.The total quantity annually authorised under licences, including licences for hydrochlorofluorocarbons under Article 11(2), shall not exceed 13.2 ODP tonnes. Remaining quantities may be allocated to producers and importers which did not place on the market or use controlled substances, for their own account for essential laboratory and analytical uses in the years 2007 to 2009.The appropriate authority shall determine a mechanism for the allocation of quotas to producers and importers and publish the determination. ...
7. A producer may be authorised by the appropriate authority to produce the controlled substances referred to in paragraph 1 for the purpose of meeting the requests licensed in accordance with paragraph 6....
8. To the extent permitted by the Protocol, the appropriate authority may authorise that producer to produce or to exceed the calculated levels of production laid down in paragraph 6 in order to satisfy any essential laboratory and analytical uses of Parties at their request....
Article 11 

1. By way of derogation from Article 4, hydrochlorofluorocarbons may be produced provided that each producer ensures the following:
(a) the calculated level of its production of hydrochlorofluorocarbons in the period from 1 January 2010 to 31 December 2010 and in each 12-month period thereafter until 31 December 2013 does not exceed 35 % of the calculated level of its production of hydrochlorofluorocarbons in 1997;
(b) the calculated level of its production of hydrochlorofluorocarbons in the period from 1 January 2014 to 31 December 2014 and in each 12-month period thereafter until 31 December 2016 does not exceed 14 % of the calculated level of its production of hydrochlorofluorocarbons in 1997;
(c) the calculated level of its production of hydrochlorofluorocarbons in the period from 1 January 2017 to 31 December 2017 and in each 12-month period thereafter until 31 December 2019 does not exceed 7 % of the calculated level of its production of hydrochlorofluorocarbons in 1997;
(d) it produces no hydrochlorofluorocarbons after 31 December 2019.
2. By way of derogation from Article 4 and Article 5(1), hydrochlorofluorocarbons may be produced, placed on the market and used for laboratory and analytical uses.Article 10(3) to (7) shall apply mutatis mutandis.
3. By way of derogation from Article 5, until 31 December 2014, reclaimed hydrochlorofluorocarbons may be placed on the market and used for the maintenance or servicing of existing refrigeration, air-conditioning and heat pump equipment, provided that the container is labelled with an indication that the substance has been reclaimed and with information on the batch number and name and address of the reclamation facility.
4. Until 31 December 2014, recycled hydrochlorofluorocarbons may be used for the maintenance or servicing of existing refrigeration, air-conditioning and heat pump equipment provided that they have been recovered from such equipment and may only be used by the undertaking which carried out the recovery as part of maintenance or servicing or for which the recovery as part of maintenance or servicing was carried out.
5. By way of derogation from Article 5, until 31 December 2019, hydrochlorofluorocarbons may be placed on the market for repackaging and subsequent export. Any undertaking carrying out the repackaging and subsequent export of hydrochlorofluorocarbons shall register with the appropriate regulator, indicating the controlled substances concerned, their estimated annual demand and the suppliers of those substances, and shall update this information when changes occur.
6. When reclaimed or recycled hydrochlorofluorocarbons are used for maintenance or servicing, the refrigeration, air-conditioning and heat pump equipment concerned shall be labelled with an indication of the type of substance, its quantity contained in the equipment and the label elements set out in Annex I to Regulation (EC) No 1272/2008 for substances or mixtures classified as Hazardous to the Ozone Layer.
7. Undertakings operating the equipment referred to in paragraph 4 containing a fluid charge of 3 kg or more shall keep a record of the quantity and type of substance recovered and added, and of the company or technician which performed the maintenance or servicing.Undertakings using reclaimed or recycled hydrochlorofluorocarbons for maintenance or servicing shall keep a record of the undertakings that have supplied reclaimed hydrochlorofluorocarbons and of the source of recycled hydrochlorofluorocarbons.
8. By way of derogation from Articles 5 and 6, the appropriate authority may ... authorise a time-limited exemption to allow the use and placing on the market of hydrochlorofluorocarbons and of products and equipment containing or relying on hydrochlorofluorocarbons where it is demonstrated that, for a particular use, technically and economically feasible alternative substances or technologies are not available or cannot be used.This exemption may not be authorised for a period which extends beyond 31 December 2019.
Article 12 

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3. In an emergency, where unexpected outbreaks of particular pests or diseases so require, the appropriate authority may 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 Regulation (EC) 1107/2009 and Regulation (EU) 528/2012.Such authorisation shall apply for a period not exceeding 120 days and to a quantity not exceeding 20 metric tonnes and shall specify measures to be taken to reduce emissions during use.
Article 13 

1. By way of derogation from Article 5(1), halons may be placed on the market and used for critical uses set out in Annex VI. Halons may only be placed on the market by undertakings authorised by the appropriate regulator to store halons for critical uses.
2. The appropriate authority shall review Annex 6 and, if appropriate, make regulations to amend Annex 6 and set time-frames for the phasing out of the critical uses by defining cut-off dates for new applications and end dates for existing applications, taking into account the availability of technically and economically feasible alternatives or technologies that are acceptable from the standpoint of environment and health....
3. Fire protection systems and fire extinguishers containing halons applied in uses referred to in paragraph 1 shall be decommissioned by the end dates to be specified in Annex VI.
4. The appropriate authority may, by regulations grant derogations from end dates for existing applications or cut-off dates for new applications, provided those dates have been specified in Annex VI in accordance with paragraph 2, for specific cases where it is demonstrated that no technically and economically feasible alternative is available.
Article 14 

1. Any producer or importer entitled to place controlled substances on the market or use them for its own account may transfer that right in respect of all or any quantities of the respective group of substances fixed in accordance with this Article to any other producer or importer of that group of substances within any part of Great Britain. Any such transfer shall be notified in advance to the appropriate regulator. The transfer of the right to place on the market or use shall not imply the further right to produce or to import.
2. To the extent permitted by the Protocol, the appropriate authority may authorise that producer to exceed the calculated levels of production laid down in Article 10 and Article 11(2) for the purpose of industrial rationalisation within Great Britain, provided that the calculated levels of production ... do not exceed the sum of the calculated levels of production of ... domestic producers as laid down in Article 10 and Article 11(2) for the periods in question. ...
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4. To the extent permitted by the Protocol, the Secretary of State may, by regulations,, in agreement with ... the government of the third country Party concerned, authorise a producer to combine the calculated levels of production laid down in Article 10 and Article 11(2) with the calculated levels of production allowed to a producer in a third country Party under the Protocol and that producer’s national legislation for the purpose of industrial rationalisation with a third country Party, provided that the combined calculated levels of production by the two producers do not exceed the sum of the calculated levels of production allowed to the Great Britain producer under Article 10 and Article 11(2) and the calculated levels of production allowed to the third country Party producer under the Protocol and any relevant national legislation.
CHAPTER IV
Article 15 

1. Imports of controlled substances or of products and equipment other than personal effects containing or relying on those substances, shall be prohibited.
2. The prohibition set out in paragraph 1 shall not apply to imports of:
(a) controlled substances to be used for laboratory and analytical uses referred to in Article 10 and Article 11(2);
(b) controlled substances to be used as feedstock;
(c) controlled substances to be used as process agents;
(d) controlled substances for destruction by technologies referred to in Article 22(2);
(e) until 31 December 2019, hydrochlorofluorocarbons to be repackaged and subsequently re-exported no later than 31 December of the following calendar year to a Party where the consumption or import of that hydrochlorofluorocarbon is not prohibited;
(f) methyl bromide for emergency uses referred to in Article 12(3) or, until 31 December 2014, for repackaging and subsequent re-export for quarantine and pre-shipment applications provided that the re-export takes place during the year of import;
(g) recovered, recycled or reclaimed halons, under the condition that they are only imported for critical uses referred to in Article 13(1), by undertakings authorised by the appropriate regulator to store halons for critical uses;
(h) products and equipment containing or relying on controlled substances for destruction, where applicable by technologies referred to in Article 22(2);
(i) products and equipment containing or relying on controlled substances to satisfy laboratory and analytical uses referred to in Article 10 and Article 11(2);
(j) products and equipment containing or relying on halon to satisfy critical uses referred to in Article 13(1);
(k) products and equipment containing hydrochlorofluorocarbons for which the placing on the market has been authorised in accordance with Article 11(5).
3. Imports referred to in paragraph 2, with the exception of imports for transit through  Great Britain  or imports under the temporary storage, customs warehousing or free zone procedure  under the Taxation (Cross-border Trade) Act 2018, provided that they remain in  Great Britain  no longer than 45 days and that they are not subsequently presented for release for free circulation in  any part of  Great Britain, destroyed or processed, shall be subject to the presentation of an import licence. Those licences shall be issued by the  Environment Agency  after verification of compliance with Articles 16 and 20.
Article 16 

1. The release for free circulation in any part of Great Britain of imported controlled substances shall be subject to quantitative limits. The appropriate regulator shall determine those limits and allocate quotas to undertakings for the period from  the day after that on which  IP completion day  falls to 31 December  2021  and for each 12-month period thereafter ...The quotas referred to in the first subparagraph shall be allocated only for the following substances:
(a) controlled substances if they are used for laboratory and analytical, or critical uses, referred to in Article 10, Article 11(2) and Article 13;
(b) controlled substances if they are used as feedstock;
(c) controlled substances if they are used as process agents.
2. By the date specified in a notice issued by the appropriate regulator, importers of substances referred to in points (a), (b) and (c) of paragraph 1 shall declare to the appropriate regulator the anticipated demand, specifying the nature and quantities of controlled substances needed. On the basis of those declarations the appropriate regulator shall establish quantitative limits to the imports of substances referred to in points (a), (b) and (c) of paragraph 1.
Article 17 

1. Exports of controlled substances or of products and equipment other than personal effects containing or relying on those substances, shall be prohibited.
2. The prohibition set out in paragraph 1 shall not apply to exports of:
(a) controlled substances to be used for essential laboratory and analytical uses referred to in Article 10;
(b) controlled substances to be used as feedstock;
(c) controlled substances to be used as process agents;
(d) products and equipment containing or relying on controlled substances produced in accordance with Article 10(7) or imported under point (h) or (i) of Article 15(2);
(e) recovered, recycled or reclaimed halons stored for critical uses referred to in Article 13(1) by undertakings authorised by the appropriate regulator and products and equipment containing or relying on halon to satisfy critical uses;
(f) virgin or reclaimed hydrochlorofluorocarbons for uses other than destruction;
(g) until 31 December 2014, methyl bromide re-exported for quarantine and pre-shipment applications;
(h) metered dose inhalers manufactured with chlorofluorocarbon the use of which has been authorised on the basis of Article 3(1) of Regulation (EC) No 2037/2000.
3. By way of derogation from paragraph 1, the Secretary of State may,, 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. Such export requires prior notification by Secretary of State to the importing country.
4. Exports referred to in paragraphs 2 and 3 shall be subject to licensing, with the exception of non-domestic goods subsequent to transit through Great Britain, temporary storage, customs-warehousing or free zone procedure, in accordance with the applicable provisions of the Taxation (Cross-border Trade) Act 2018, provided that the export takes place not later than 45 days after the import. That export licence shall be issued by the Environment Agency to undertakings after verification of compliance with Article 20.
Article 18 

1. The Environment Agency shall set up and operate an electronic licensing system and shall decide on applications for licences within 30 days of receipt.
2. Applications for licences referred to in Articles 15 and 17 shall be submitted using the system referred to in paragraph 1. Before submitting an application for a licence undertakings shall register in that system.
3. An application for a licence shall state the following:
(a) the names and the addresses of the importer and the exporter;
(b) the country of import and export;
(c) in the case of imports or exports of controlled substances, a description of each controlled substance, including:
((i)) the commercial description;
((ii)) the description and the Combined Nomenclature code as laid down in Annex IV;
((iii)) whether the substance is virgin, recovered, recycled or reclaimed;
((iv)) the quantity of the substance in metric kilograms;
((v)) in the case of halons, a declaration that they are to be imported or exported to satisfy a critical use referred to in Article 13(1), specifying which use;
(d) in the case of imports or exports of products and equipment containing or relying on controlled substances:
((i)) the type and nature of the products and equipment;
((ii)) for countable items the number of units, the description and the quantity per unit in metric kilograms of each controlled substance;
((iii)) for uncountable items the total quantity of the product, the description and the total net quantity, in metric kilograms, of each controlled substance;
((iv)) the country/countries of final destination of the products and equipment;
((v)) whether the controlled substance contained is virgin, recycled, recovered or reclaimed;
((vi)) in the case of imports or exports of products and equipment containing or relying on halon, a declaration that they are to be imported or exported to satisfy a critical use referred to in Article 13(1), specifying which use;
((vii)) in the case of products and equipment containing or relying on hydrochlorofluorocarbons, the reference to the Commission authorisation referred to in Article 17(3);
((viii)) the Combined Nomenclature code of the product or equipment to be imported or exported;
(e) the purpose of the proposed import, including the intended customs treatment and use, specifying where relevant the intended customs procedure;
(f) the place and expected date of the proposed import or export;
(g) the customs office where the goods will be declared;
(h) in the case of imports of controlled substances or products and equipment for destruction, the name and address of the facility where they will be destroyed;
(i) any further information deemed necessary by the Environment Agency;
(j) by way of derogation from points (a) to (h), in the case of imports and exports of products and equipment containing or relying on halons for critical uses in aircraft set out in points 4.1 to 4.6 of Annex VI:
((1)) the purpose and type of the products and equipment to be imported or exported as described in points 4.1 to 4.6 of Annex VI;
((2)) the types of halons that the products and equipment to be imported or exported contains or relies on;
((3)) the Combined Nomenclature code of the products and equipment to be imported or exported.
4. Each importer or exporter shall notify the Environment Agency of any changes which might occur during the period of validity of the licence in relation to the data notified under paragraph 3.
5. The Environment Agency 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.
6. The Environment Agency may share the submitted data so far as necessary in specific cases with competent authorities of the Parties concerned and may reject the licence application if any relevant obligations set out in this Regulation are not complied with, or on the following grounds:
(a) in the case of an import licence, where it is established based on information from the competent authorities of the country concerned that the exporter is not an undertaking authorised to trade in the respective substance in that country;
(b) in the case of an export licence, where the competent authorities of the importing country have informed the Environment Agency that the import of the controlled substance would constitute a case of illegal trade, or would adversely impact on the implementation of control measures of the importing country in place to comply with its obligations under the Protocol or would lead to an excess of the quantitative limits under the Protocol for that country.
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8. The Environment Agency shall, as soon as possible, inform the applicant ... of any licence application rejected pursuant to paragraph 6, specifying the reason for the rejection.
9. The Secretary of State may, by regulations, amend the list of items mentioned in paragraph 3 and Annex IV. ...
Article 19 
The appropriate authority may, by regulations, provide additional measures for the monitoring of controlled substances or new substances and of products and equipment containing or relying on controlled substances placed under temporary storage, customs warehousing or free zone procedure or in transit through Great Britain and subsequently re-exported, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, taking into account the environmental benefits and socioeconomic impacts of such measures.
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Article 20 

1. Import and export of controlled substances and of products and equipment containing or relying on controlled substances from and to any State not party to the Protocol shall be prohibited.
2. The appropriate authority may make regulations in relation to the release for free circulation in any part of Great Britain of products and equipment imported from any State not party to the Protocol which were produced using controlled substances but do not contain substances which can be positively identified as controlled substances. The identification of such products and equipment shall comply with periodical technical advice given to the Parties. ...
3. By way of derogation from paragraph 1, trade with any State not party to the Protocol in controlled substances and products and equipment containing or relying on such substances or which are produced by means of one or more such substances may be authorised by the Secretary of State, to the extent that the State not party to the Protocol is determined by a meeting of the Parties 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. ...
4. Subject to any decision taken under the second subparagraph, paragraph 1 shall apply to any territory not covered by the Protocol as they apply to any State not party to the Protocol.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 Secretary of State may decide that some or all of the provisions of paragraph 1 of this Article shall not apply in respect of that territory....
Article 21 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER V
Article 22 

1. Controlled substances contained in refrigeration, air-conditioning and heat pump equipment, equipment containing solvents or fire protection systems and fire extinguishers shall, during the maintenance or servicing of equipment or before the dismantling or disposal of equipment, be recovered for destruction, recycling or reclamation.
2. Controlled substances and products containing such substances shall only be destroyed by approved technologies listed in Annex VII or, in the case of controlled substances not referred to in that Annex, by the most environmentally acceptable destruction technology not entailing excessive costs, provided that the use of those technologies complies with ... legislation on waste and that additional requirements under such legislation are met.
3. The appropriate authority may, by regulations, amend Annex VII in order to take new technological developments into account....
4. Controlled substances contained in products and equipment other than those mentioned in paragraph 1 shall, if technically and economically feasible, be recovered for destruction, recycling or reclamation, or shall be destroyed without prior recovery, applying the technologies referred to in paragraph 2. The appropriate authority shall, by regulations,  establish an Annex to this Regulation with a list of products and equipment for which the recovery of controlled substances or destruction of products and equipment without prior recovery of controlled substances shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied.  Such regulations shall  be accompanied and supported by a full economic assessment of costs and benefits ... ....
5. The appropriate authority shall take steps to promote the recovery, recycling, reclamation and destruction of controlled substances and shall define the minimum qualification requirements for the personnel involved.The appropriate authority shall evaluate such measures and may in the light of this evaluation and of technical and other relevant information, as appropriate, make regulations regarding those minimum qualification requirements....
Article 23 

1. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakages and emissions of controlled substances.
2. Undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain controlled substances shall ensure that the stationary equipment or systems:
(a) with a fluid charge of 3 kg or more of controlled substances are checked for leakage at least once every 12 months; this shall not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled substances;
(b) with a fluid charge of 30 kg or more of controlled substances are checked for leakage at least once every 6 months;
(c) with a fluid charge of 300 kg or more of controlled substances are checked for leakage at least once every 3 months;
and that any detected leakage is repaired as soon as possible and in any event within 14 days.The equipment or system shall be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.
3. Undertakings referred to in paragraph 2 shall maintain records on the quantity and type of controlled substances added and the quantity recovered during maintenance, servicing and final disposal of the equipment or system referred to in that paragraph. They shall also maintain records of other relevant information including the identification of the company or technician which performed the maintenance or servicing, as well as the dates and results of the leakage checks carried out. These records shall be made available on request to the appropriate regulator.
4. The appropriate authority shall define the minimum qualification requirements for the personnel carrying out activities referred to in paragraph 2. In the light of an evaluation of these measures ... and of technical and other relevant information, the appropriate authority may make regulations regarding the harmonisation of those minimum qualification requirements....
5. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakages and emissions of controlled substances used as feedstock and as process agents.
6. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakage and emissions of controlled substances inadvertently produced in the course of the manufacture of other chemicals.
7. The appropriate authority may, by regulations, establish a list of technologies or practices to be used by undertakings to prevent and minimise any leakage and emissions of controlled substances....
CHAPTER VI
Article 24 

1. The production, import, placing on the market, use and export of new substances in Part A of Annex II are prohibited. This prohibition does not apply to new substances if they are used as feedstock or for laboratory and analytical uses, to imports for transit through Great Britain, to exports subsequent to imports already exempted or imports under the temporary storage, customs warehousing or free zone procedure in accordance with the applicable provisions of the Taxation (Cross-border Trade) Act 2018, unless such imports have been declared to a customs procedure, including outward processing, or exported under the provisions of the Taxation (Cross-border Trade) Act 2018, destroyed or abandoned to the exchequer.
2. The appropriate authority shall, by regulations, if appropriate, include in Part A of Annex II substances that are included in Part B of that Annex that are found to be exported, imported, produced or put on the market in significant quantities and that are found by the Scientific Assessment Panel under the Protocol to have a significant ozone-depleting potential, and shall, if appropriate, determine possible exemptions from paragraph 1....
3. In the light of relevant scientific information, the appropriate authority shall, by regulations, if appropriate, include in Part B of Annex II any substances that are not controlled substances but that are found by the Scientific Assessment Panel under the Protocol or another recognised authority of equivalent stature to have a significant ozone-depleting potential. ...
CHAPTER VII
Article 25 

(1. A function conferred by or under this Regulation—
(a) on the Scottish Ministers is exercisable only so far as it is exercisable within devolved competence in or as regards Scotland; and 
(b) on the Welsh Ministers is exercisable only so far as it is exercisable within devolved competence in or as regards Wales.
(2. A function conferred under this Regulation—
(a) on a person or body by virtue of a direction of the Scottish Ministers is exercisable only in or as regards Scotland; and 
(b) on a person or body by virtue of a direction of the Welsh Ministers is exercisable only in or as regards Wales.
(3. In this Article and Articles 25A to 25C,  “within devolved competence”—
(a) in or as regards Scotland, is to be construed in accordance with section 54 of the Scotland Act 1998;
(b) in or as regards Wales, is to be construed in accordance with section 108A of the Government of Wales Act 2006.
Article 25A 

(1. Any function by or under this Regulation, including to make provision by regulations, in or as regards Scotland may, so far as it is exercisable within devolved competence, be exercised by the Secretary of State only with the consent of the Scottish Ministers.
(2. Consent given by the Scottish Ministers under paragraph 1 for the prospective exercise of a function, may be withdrawn at any time.
(3. The Scottish Ministers may give directions (general or specific) and guidance to the appropriate regulator in or as regards Scotland, as to the exercise of the appropriate regulator's functions under this Regulation so far as they are exercisable within devolved competence.
(4. The appropriate regulator in or as regards Scotland must comply with any such directions given to it, and have regard to any such guidance.
Article 25B 

(1. Any function by or under this Regulation, including to make provision by regulations, in or as regards Wales may, so far as it is exercisable within devolved competence, be exercised by the Secretary of State only with the consent of the Welsh Ministers.
(2. Consent given by the Welsh Ministers under paragraph 1 for the prospective exercise of a function, may be withdrawn at any time.
(3. The Welsh Ministers may give directions (general or specific) and guidance to the appropriate regulator in or as regards Wales, as to the exercise of the appropriate regulator's functions under this Regulation so far as they are exercisable within devolved competence.
(4. The appropriate regulator in or as regards Wales must comply with any such directions given to it, and have regard to any such guidance.
Article 25D 

(1. Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.
(2. For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.
(4. A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
(5. A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(6. Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
(8. Such regulations may—
(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);
(b) make different provision for different purposes.
(9. Before making any regulations under this Regulation, an appropriate authority shall consult—
(a) such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;
(b) such other bodies or persons as the appropriate authority may consider appropriate.
Article 26 

1. By 30 June 2022, and by 30 June of each year thereafter, the appropriate authority shall report the following information ..., for the previous calendar year:
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the quantities of halons installed, used and stored for critical uses, pursuant to Article 13(1), the measures taken to reduce their emissions and an estimate of such emissions, and progress in evaluating and using adequate alternatives;
(c) cases of illegal trade, in particular those detected during the inspections carried out pursuant to Article 28.
2. The appropriate authority shall publish a report under paragraph 1 in a manner which the appropriate authority considers appropriate.
3. The Secretary of State may, by regulations, amend paragraph 1....
Article 27 

1. By 31 March 2022, and by 31 March each year thereafter, each undertaking must communicate to the appropriate regulator the data listed in paragraphs 2 to 6 for each controlled substance and each new substance listed in Annex II for the previous calendar year.
2. Each producer shall communicate the following data:
(a) its total production of each substance referred to in paragraph 1;
(b) any production placed on the market or used for the producer’s own account within any part of Great Britain, separately identifying production for feedstock, process agent and other uses;
(c) any production to meet the essential laboratory and analytical uses in any part of Great Britain, licensed in accordance with Article 10(6);
(d) any production authorised under Article 10(8) to satisfy essential laboratory and analytical uses of Parties;
(e) any increase in production authorised under Article 14(2), (3) and (4) in connection with industrial rationalisation;
(f) any quantity recycled, reclaimed or destroyed and the technology used for the destruction, including amounts produced and destroyed as by-product as referred to in Article 3(14);
(g) any stocks;
(h) any purchases from and sales to other producers in any part of Great Britain.
3. Each importer shall communicate for each substance referred to in paragraph 1 the following data:
(a) any quantities released for free circulation in any part of Great Britain, separately identifying imports for feedstock and process agent uses, for essential laboratory and analytical uses licensed in accordance with Article 10(6), for use in quarantine and pre-shipment applications and for destruction. Importers which imported controlled substances for destruction shall also communicate the actual final destination or destinations of each of the substances, providing separately for each destination the quantity of each of the substances and the name and address of destruction facility where the substance was delivered;
(b) any quantities imported under other customs procedures, separately identifying the customs procedure and the designated uses;
(c) any quantities of used substances referred to in paragraph 1 imported for recycling or reclamation;
(d) any stocks;
(e) any purchases from and sales to other undertakings in any part of Great Britain;
(f) the exporting country.
4. Each exporter shall communicate for each substances referred to in paragraph 1 the following data:
(a) any quantities of such substances exported, separately identifying quantities exported to each country of destination and quantities exported for feedstock and process agent uses, essential laboratory and analytical uses, critical uses and for quarantine and pre-shipment applications;
(b) any stocks;
(c) any purchases from and sales to other undertakings in any part of Great Britain;
(d) the country of destination.
5. Each undertaking destroying controlled substances referred to in paragraph 1 and not covered by paragraph 2 shall communicate the following data:
(a) any quantities of such substances destroyed, including quantities contained in products or equipment;
(b) any stocks of such substances waiting to be destroyed, including quantities contained in products or equipment;
(c) technology used for the destruction.
6. Each undertaking using controlled substances as feedstock or process agents shall communicate the following data:
(a) any quantities of such substances used as feedstock or process agents;
(b) any stocks of such substances;
(c) the processes and emissions involved.
7. By 31 March 2022, and by 31 March each year thereafter, each producer or importer which holds a licence under Article 10(6) must, for each substance for which an authorisation has been received, report to the appropriate regulator the nature of the use, the quantities used during the previous year, the quantities held in stock, any quantities recycled, reclaimed or destroyed, and the quantity of products and equipment containing or relying on those substances placed on any part of Great Britain market and/or exported.
8. The appropriate regulator shall take appropriate steps to protect the confidentiality of the information submitted to it.
9. The Secretary of State may determine the format of the reports referred to in paragraphs 1 to 7 and publish the determination.
10. The appropriate authority may, by regulations, amend the reporting requirements laid down in paragraphs 1 to 7....
Article 28 

1. ... Inspections on the compliance of undertakings with this Regulation,  shall be undertaken in accordance with the Ozone Depleting Substances Regulations 2015 following a risk-based approach, including inspections on imports and exports of controlled substances as well as of products and equipment containing or relying on those substances. ...
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. ...The appropriate regulator shall take appropriate steps to protect the confidentiality of information obtained under this Article.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 29 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER VIII
Article 30 
Regulation (EC) No 2037/2000 shall be repealed as from 1 January 2010.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex VIII.
Article 31 
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
...
ANNEX I

Group Substance Ozone-depleting potential
Group I CFCl3 CFC-11 Trichlorofluoromethane 1,0
CF2Cl2 CFC-12 Dichlorodifluoromethane 1,0
C2F3Cl3 CFC-113 Trichlorotrifluoroethane 0,8
C2F4Cl2 CFC-114 Dichlorotetrafluoroethane 1,0
C2F5Cl CFC-115 Chloropentafluoroethane 0,6
Group II CF3Cl CFC-13 Chlorotrifluoromethane 1,0
C2FCl5 CFC-111 Pentachlorofluoroethane 1,0
C2F2Cl4 CFC-112 Tetrachlorodifluoroethane 1,0
C3FCl7 CFC-211 Heptachlorofluoropropane 1,0
C3F2Cl6 CFC-212 Hexachlorodifluoropropane 1,0
C3F3Cl5 CFC-213 Pentachlorotrifluoropropane 1,0
C3F4Cl4 CFC-214 Tetrachlorotetrafluoropropane 1,0
C3F5Cl3 CFC-215 Trichloropentafluoropropane 1,0
C3F6Cl2 CFC-216 Dichlorohexafluoropropane 1,0
C3F7Cl CFC-217 Chloroheptafluoropropane 1,0
Group III CF2BrCl halon-1211 Bromochlorodifluoromethane 3,0
CF3Br halon-1301 Bromotrifluoromethane 10,0
C2F4Br2 halon-2402 Dibromotetrafluoroethane 6,0
Group IV CCl4 CTC Tetrachloromethane (carbon tetrachloride) 1,1
Group V C2H3Cl3 1,1,1-TCA 1,1,1-Trichloroethane (methylchloroform) 0,1
Group VI CH3Br methyl bromide Bromomethane 0,6
Group VII CHFBr2 HBFC-21 B2 Dibromofluoromethane 1,00
CHF2Br HBFC-22 B1 Bromodifluoromethane 0,74
CH2FBr HBFC-31 B1 Bromofluoromethane 0,73
C2HFBr4 HBFC-121 B4 Tetrabromofluoroethane 0,8
C2HF2Br3 HBFC-122 B3 Tribromodifluoroethane 1,8
C2HF3Br2 HBFC-123 B2 Dibromotrifluoroethane 1,6
C2HF4Br HBFC-124 B1 Bromotetrafluoroethane 1,2
C2H2FBr3 HBFC-131 B3 Tribromofluoroethane 1,1
C2H2F2Br2 HBFC-132 B2 Dibromodifluoroethane 1,5
C2H2F3Br HBFC-133 B1 Bromotrifluoroethane 1,6
C2H3FBr2 HBFC-141 B2 Dibromofluoroethane 1,7
C2H3F2Br HBFC-142 B1 Bromodifluoroethane 1,1
C2H4FBr HBFC-151 B1 Bromofluoroethane 0,1
C3HFBr6 HBFC-221 B6 Hexabromofluoropropane 1,5
C3HF2Br5 HBFC-222 B5 Pentabromodifluoropropane 1,9
C3HF3Br4 HBFC-223 B4 Tetrabromotrifluoropropane 1,8
C3HF4Br3 HBFC-224 B3 Tribromotetrafluoropropane 2,2
C3HF5Br2 HBFC-225 B2 Dibromopentafluoropropane 2,0
C3HF6Br HBFC-226 B1 Bromohexafluoropropane 3,3
C3H2FBr5 HBFC-231 B5 Pentabromofluoropropane 1,9
C3H2F2Br4 HBFC-232 B4 Tetrabromodifluoropropane 2,1
C3H2F3Br3 HBFC-233 B3 Tribromotrifluoropropane 5,6
C3H2F4Br2 HBFC-234 B2 Dibromotetrafluoropropane 7,5
C3H2F5Br HBFC-235 B1 Bromopentafluoropropane 1,4
C3H3FBr4 HBFC-241 B4 Tetrabromofluoropropane 1,9
C3H3F2Br3 HBFC-242 B3 Tribromodifluoropropane 3,1
C3H3F3Br2 HBFC-243 B2 Dibromotrifluoropropane 2,5
C3H3F4Br HBFC-244 B1 Bromotetrafluoropropane 4,4
C3H4FBr3 HBFC-251 B1 Tribromofluoropropane 0,3
C3H4F2Br2 HBFC-252 B2 Dibromodifluoropropane 1,0
C3H4F3Br HBFC-253 B1 Bromotrifluoropropane 0,8
C3H5FBr2 HBFC-261 B2 Dibromofluoropropane 0,4
C3H5F2Br HBFC-262 B1 Bromodifluoropropane 0,8
C3H6FBr HBFC-271 B1 Bromofluoropropane 0,7
Group VIII CHFCl2 HCFC-21 Dichlorofluoromethane 0,040
CHF2Cl HCFC-22 Chlorodifluoromethane 0,055
CH2FCl HCFC-31 Chlorofluoromethane 0,020
C2HFCl4 HCFC-121 Tetrachlorofluoroethane 0,040
C2HF2Cl3 HCFC-122 Trichlorodifluoroethane 0,080
C2HF3Cl2 HCFC-123 Dichlorotrifluoroethane 0,020
C2HF4Cl HCFC-124 Chlorotetrafluoroethane 0,022
C2H2FCl3 HCFC-131 Trichlorofluoroethane 0,050
C2H2F2Cl2 HCFC-132 Dichlorodifluoroethane 0,050
C2H2F3Cl HCFC-133 Chlorotrifluoroethane 0,060
C2H3FCl2 HCFC-141 Dichlorofluoroethane 0,070
CH3CFCl2 HCFC-141b 1,1-Dichloro-1-fluoroethane 0,110
C2H3F2Cl HCFC-142 Chlorodifluoroethane 0,070
CH3CF2Cl HCFC-142b 1-Chloro-1,1-difluoroethane 0,065
C2H4FCl HCFC-151 Chlorofluoroethane 0,005
C3HFCl6 HCFC-221 Hexachlorofluoropropane 0,070
C3HF2Cl5 HCFC-222 Pentachlorodifluoropropane 0,090
C3HF3Cl4 HCFC-223 Tetrachlorotrifluoropropane 0,080
C3HF4Cl3 HCFC-224 Trichlorotetrafluoropropane 0,090
C3HF5Cl2 HCFC-225 Dichloropentafluoropropane 0,070
CF3CF2CHCl2 HCFC-225ca 3,3-Dichloro-1,1,1,2,2-pentafluoropropane 0,025
CF2ClCF2CHClF HCFC-225cb 1,3-Dichloro-1,1,2,2,3-pentafluoropropane 0,033
C3HF6Cl HCFC-226 Chlorohexafluoropropane 0,100
C3H2FCl5 HCFC-231 Pentachlorofluoropropane 0,090
C3H2F2Cl4 HCFC-232 Tetrachlorodifluoropropane 0,100
C3H2F3Cl3 HCFC-233 Trichlorotrifluoropropane 0,230
C3H2F4Cl2 HCFC-234 Dichlorotetrafluoropropane 0,280
C3H2F5Cl HCFC-235 Chloropentafluoropropane 0,520
C3H3FCl4 HCFC-241 Tetrachlorofluoropropane 0,090
C3H3F2Cl3 HCFC-242 Trichlorodifluoropropane 0,130
C3H3F3Cl2 HCFC-243 Dichlorotrifluoropropane 0,120
C3H3F4Cl HCFC-244 Chlorotetrafluoropropane 0,140
C3H4FCl3 HCFC-251 Trichlorofluoropropane 0,010
C3H4F2Cl2 HCFC-252 Dichlorodifluoropropane 0,040
C3H4F3Cl HCFC-253 Chlorotrifluoropropane 0,030
C3H5FCl2 HCFC-261 Dichlorofluoropropane 0,020
C3H5F2Cl HCFC-262 Chlorodifluoropropane 0,020
C3H6FCl HCFC-271 Chlorofluoropropane 0,030
Group IX CH2BrCl BCM Bromochloromethane 0,12



ANNEX II

Part A: Substances restricted under Article 24(1)

Substance Ozone-depleting potential
CBr2 F2 Dibromodifluoromethane (halon-1202) 1,25

Part B: Substances to be reported on under Article 27

Substance Ozone-depleting potential
C3H7Br 1-Bromopropane (n-propyl bromide) 0,02 — 0,10
C2H5Br Bromoethane (ethyl bromide) 0,1 — 0,2
CF3I Trifluoroiodomethane (trifluoromethyl iodide) 0,01 — 0,02
CH3Cl Chloromethane (methyl chloride) 0,02


ANNEX III

Processes in which controlled substances are used as process agents as referred to in Article 3(12):

((a)) use of carbon tetrachloride for the elimination of nitrogen trichloride in the production of chlorine and caustic soda;
((b)) use of carbon tetrachloride in the recovery of chlorine in tail gas from production of chlorine;
((c)) use of carbon tetrachloride in the manufacture of chlorinated rubber;
((d)) use of carbon tetrachloride in the manufacture of poly-phenylene-terephthalamide;
((e)) use of CFC-12 in the photochemical synthesis of perfluoropolyetherpolyperoxide precursors of Z-perfluoropolyethers and difunctional derivatives;
((f)) use of CFC-113 in the preparation of perfluoropolyether diols with high functionality;
((g)) use of carbon tetrachloride in production of Cyclodime;
((h)) use of hydrochlorofluorocarbons in the processes set out in points (a) to (g) when used to replace the chlorofluorocarbon or carbon tetrachloride.

ANNEX IV
Group CN code Description
Group I 2903 41 00 Trichlorofluoromethane
2903 42 00 Dichlorodifluoromethane
2903 43 00 Trichlorotrifluoroethanes
2903 44 10 Dichlorotetrafluoroethanes
2903 44 90 Chloropentafluoroethane
Group II 2903 45 10 Chlorotrifluoromethane
2903 45 15 Pentachlorofluoroethane
2903 45 20 Tetrachlorodifluoroethanes
2903 45 25 Heptachlorofluoropropanes
2903 45 30 Hexachlorodifluoropropanes
2903 45 35 Pentachlorotrifluoropropanes
2903 45 40 Tetrachlorotetrafluoropropanes
2903 45 45 Trichloropentafluoropropanes
2903 45 50 Dichlorohexafluoropropanes
2903 45 55 Chloroheptafluoropropanes
Group III 2903 46 10 Bromochlorodifluoromethane
2903 46 20 Bromotrifluoromethane
2903 46 90 Dibromotetrafluoroethanes
Group IV 2903 14 00 Carbon tetrachloride
Group V 2903 19 10 1,1,1-Trichloroethane (methyl chloroform)
Group VI 2903 39 11 Bromomethane (methyl bromide)
Group VII 2903 49 30 Hydrobromofluoromethanes, -ethanes or -propanes
Group VIII 2903 49 11 Chlorodifluoromethane (HCFC-22)
2903 49 15 1,1-Dichloro-1-fluoroethane (HCFC-141b)
2903 49 19 Other Hydrochlorofluoromethanes, -ethanes or -propanes (HCFCs)
Group IX ex 2903 49 80 Bromochloromethane
Mixtures 3824 71 00 Mixtures containing chlorofluorocarbons (CFCs), whether or not containing hydrochlorofluorocarbons (HCFCs), perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs)
3824 72 00 Mixtures containing bromochlorodifluoromethane, bromotrifluoromethane or dibromotetrafluoroethanes
3824 73 00 Mixtures containing hydrobromofluorocarbons (HBFCs)
3824 74 00 Mixtures containing hydrochlorofluorocarbons (HCFCs), whether or not containing perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs), but not containing chlorofluorocarbons (CFCs)
3824 75 00 Mixtures containing carbon tetrachloride
3824 76 00 Mixtures containing 1,1,1-trichloroethane (methyl chloroform)
3824 77 00 Mixtures containing bromomethane (methyl bromide) or bromochloromethane

ANNEX V

1. Controlled substances for essential laboratory and analytical uses shall contain only controlled substances manufactured to the following purities:

Substance %
CTC (reagent grade) 99,5
1,1,1-trichloroethane 99,0
CFC 11 99,5
CFC 13 99,5
CFC 12 99,5
CFC 113 99,5
CFC 114 99,5
Other controlled substances with a boiling point > 20 °C 99,5
Other controlled substances with a boiling point < 20 °C 99,0
These pure controlled substances may be subsequently mixed by manufacturers, agents, or distributors with other chemicals controlled or not controlled by the Protocol as is customary for laboratory and analytical uses.

2. These high purity substances and mixtures containing controlled substances shall be supplied only in re-closable containers or high pressure cylinders smaller than three litres or in 10 millilitre or smaller glass ampoules, marked clearly as substances that deplete the ozone layer, restricted to laboratory and analytical uses and specifying that used or surplus substances should be collected and recycled, if practical. The material should be destroyed if recycling is not practical.

ANNEX VI

For the purposes of this Annex, the following definitions shall apply:

1.. ‘Cut-off date’ means the date after which halons must not be used for fire extinguishers or fire protection systems in new equipment and new facilities for the application concerned.
2.. ‘New equipment’ means equipment for which, by the cut-off date, neither of the following events has occurred:

((a)) signature of the relevant procurement or development contract;
((b)) submission of a request for type approval or type certification to the appropriate regulatory authority. For aircraft, submission of a request for type certification refers to a submission of a request for a new aircraft type certification.
3.. ‘New facilities’ means facilities for which, by the cut-off date, neither of the following events has occurred:

((a)) signature of the relevant development contract;
((b)) submission of a request for planning consent to the appropriate regulatory authority.
4.. ‘End date’ means the date after which halons shall not be used for the application concerned and by which date the fire extinguishers or fire protection systems containing halons shall be decommissioned.
5.. ‘Inerting’ means preventing the initiation of combustion of a flammable or explosive atmosphere by means of the addition of an inhibiting or diluting agent.
6.. ‘Cargo ship’ means a ship that is not a passenger ship, is over 500 tonnes gross weight, and embarks on an international voyage, in accordance with the definition of those terms in the Safety of Life at Sea (SOLAS) Convention. The SOLAS Convention defines a ‘passenger ship’ as ‘a ship that carries more than 12 passengers’ and an ‘international voyage’ as ‘a voyage from a country to which the present Convention applies to a port outside such country, or conversely’.
7.. A ‘normally occupied’ space means a protected space in which it is necessary for persons to be present most or all of the time in order for the equipment or facility to function effectively. For military applications, the occupancy status of the protected space would be that applicable during a combat situation.
8.. A ‘normally unoccupied’ space means a protected space that is occupied for limited periods only, in particular for undertaking maintenance, and where the continual presence of persons is not necessary for the effective functioning of the equipment or facility.


                                    CRITICAL USES OF HALONS
                                 

                                 Application
                               
                                 Cut-off date
                                 (31 December of the stated year)
                               
                                 End date
                                 (31 December of the stated year)
                              

                                 Category of equipment or facility
                               
                                 Purpose
                               
                                 Type of extinguisher
                               
                                 Type of halon
                              

1. 
                                             On military ground vehicles
                                          
 
1.1. For the protection of engine compartments
 
                                 Fixed system
                               130112112402 
                                    2010
                                  
                                    2035
                                 

1.2. For the protection of crew compartments
 
                                 Fixed system
                               13012402 
                                    2011
                                  
                                    2040
                                 

1.3. For the protection of crew compartments
 
                                 Portable extinguisher
                               13011211 
                                    2011
                                  
                                    2020
                                 

2. 
                                             On military surface ships
                                          
 
2.1. For the protection of normally occupied machinery spaces
 
                                 Fixed system
                               13012402 
                                    2010
                                  
                                    2040
                                 

2.2. For the protection of normally unoccupied engine spaces
 
                                 Fixed system
                               130112112402 
                                    2010
                                  
                                    2035
                                 

2.3. For the protection of normally unoccupied electrical compartments
 
                                 Fixed system
                               13011211 
                                    2010
                                  
                                    2030
                                 

2.4. For the protection of command centres
 
                                 Fixed system
                               
                                 1301
                               
                                    2010
                                  
                                    2030
                                 

2.5. For the protection of fuel pump rooms
 
                                 Fixed system
                               
                                 1301
                               
                                    2010
                                  
                                    2030
                                 

2.6. For the protection of flammable liquid storage compartments
 
                                 Fixed system
                               130112112402 
                                    2010
                                  
                                    2030
                                 

2.7. For the protection of aircraft in hangars and maintenance areas
 
                                 Portable extinguisher
                               13011211 
                                    2010
                                  
                                    2016
                                 

3. 
                                             On military submarines
                                          
 
3.1. For the protection of machinery spaces
 
                                 Fixed system
                               
                                 1301
                               
                                    2010
                                  
                                    2040
                                 

3.2. For the protection of command centres
 
                                 Fixed system
                               
                                 1301
                               
                                    2010
                                  
                                    2040
                                 

3.3. For the protection of diesel generator spaces
 
                                 Fixed system
                               
                                 1301
                               
                                    2010
                                  
                                    2040
                                 

3.4. For the protection of electrical compartments
 
                                 Fixed system
                               
                                 1301
                               
                                    2010
                                  
                                    2040
                                 

4. 
                                             On aircraft
                                          
 
4.1. For the protection of normally unoccupied cargo compartments
 
                                 Fixed system
                               130112112402 
                                    2018
                                  
                                    2040
                                 

4.2. For the protection of cabins and crew compartments
 
                                 Portable extinguisher
                               12112402 
                                    2014
                                  
                                    2025
                                 

4.3. For the protection of engine nacelles and auxiliary power units
 
                                 Fixed system
                               130112112402 
                                    2014
                                  
                                    2040
                                 

4.4. For the inerting of fuel tanks
 
                                 Fixed system
                               13012402 
                                    2011
                                  
                                    2040
                                 

4.5. For the protection of lavatory waste receptacles
 
                                 Fixed system
                               130112112402 
                                    2011
                                  
                                    2020
                                 

4.6. For the protection of dry bays
 
                                 Fixed system
                               130112112402 
                                    2011
                                  
                                    2040
                                 

5. 
                                             In oil, gas and petrochemicals facilities
                                          
 
5.1. For the protection of spaces where flammable liquid or gas could be released
 
                                 Fixed system
                               13012402 
                                    2010
                                  
                                    2020
                                 

6. 
                                             On commercial cargo ships
                                          
 
6.1. For the inerting of normally occupied spaces where flammable liquid or gas could be released
 
                                 Fixed system
                               13012402 
                                    1994
                                  
                                    2016
                                 

7. 
                                             In land-based command and communications facilities essential to national security
                                          
 
7.1. For the protection of normally occupied spaces
 
                                 Fixed system
                               13012402 
                                    2010
                                  
                                    2025
                                 

7.2. For the protection of normally occupied spaces
 
                                 Portable extinguisher
                               
                                 1211
                               
                                    2010
                                  
                                    2013
                                 

7.3. For the protection of normally unoccupied spaces
 
                                 Fixed system
                               13012402 
                                    2010
                                  
                                    2020
                                 

8. 
                                             At airfields and airports
                                          
 
8.1. For crash rescue vehicles
 
                                 Portable extinguisher
                               
                                 1211
                               
                                    2010
                                  
                                    2016
                                 

8.2. For the protection of aircraft in hangars and maintenance areas
 
                                 Portable extinguisher
                               
                                 1211
                               
                                    2010
                                  
                                    2016
                                 

9. 
                                             In nuclear power and nuclear research facilities
                                          
 
9.1. For the protection of spaces where necessary to minimise risk of dispersion of radioactive matter
 
                                 Fixed system
                               
                                 1301
                               
                                    2010
                                  
                                    2020
                                 

10. 
                                             In the Channel Tunnel
                                          
 
10.1. For the protection of technical facilities
 
                                 Fixed system
                               
                                 1301
                               
                                    2010
                                  
                                    2016
                                 

10.2. For the protection of power cars and shuttle wagons of Channel Tunnel trains
 
                                 Fixed system
                               
                                 1301
                               
                                    2010
                                  
                                    2020
                                 

11. 
                                             Other
                                          
 
11.1. For initial extinguishing by fire brigades where essential to personal safety
 
                                 Portable extinguisher
                               
                                 1211
                               
                                    2010
                                  
                                    2013
                                 

11.2. For the protection of persons by military and police personnel
 
                                 Portable extinguisher
                               
                                 1211
                               
                                    2010
                                  
                                    2013

ANNEX VII

Applicability
Technology Controlled substances Dilute sources
 Controlled substances listed in Annex I, groups I, II, IV, V, VIII Halons listed in Annex I group III Foam
Destruction and removal efficiency (DRE) 99,99 % 99,99 % 95 %
Cement kilns Approved Not Approved Not applicable
Liquid injection incineration Approved Approved Not applicable
Gaseous/fume oxidation Approved Approved Not applicable
Municipal solid waste incineration Not applicable Not applicable Approved
Reactor cracking Approved Not Approved Not applicable
Rotary kiln incineration Approved Approved Approved
Argon plasma arc Approved Approved Not applicable
Inductively coupled radio frequency plasma Approved Approved Not applicable
Microwave plasma Approved Not Approved Not applicable
Nitrogen plasma arc Approved Not Approved Not applicable
Gas phase catalytic dehalogenation Approved Not Approved Not applicable
Superheated steam reactor Approved Not Approved Not applicable





ANNEX VIII

Regulation (EC) No 2037/2000 This Regulation
Article 1 Article 1 and 2
Article 2 Article 3
Article 3(1) first subparagraph Article 4(1)
Article 3(1) second subparagraph Article 10(2) and (4)
Article 3(2) point (i) Article 4
Article 3(2) point (ii) first subparagraph —
Article 3(2) point (ii) second subparagraph Article 12(3)
Article 3(3) Article 11(1)
Article 3(4) Article 10(6) first sentence
Article 3(5) Article 10(7)
Article 3(6) —
Article 3(7) Article 10(8)
Article 3(8) Article 14(2)
Article 3(9) Article 14(3)
Article 3(10) Article 14(4)
Article 4(1) Article 5(1)
Article 4(2) point (i) Article 5(1)
Article 4(2) point (ii) —
Article 4(2) point (iii) first subparagraph Article 12(1) and (2)
Article 4(2) point (iii) second subparagraph Article 26(1) point (a)
Article 4(2) point (iii) third subparagraph Article 12(2)
Article 4(2) point (iv) —
Article 4(3) point (i) Article 5(1)
Article 4(3) point (ii) —
Article 4(3) point (iii) —
Article 4(3) point (iv) —
Article 4(4) point (i)(a) Article 9
Article 4(4) point (i)(b) first indent Article 7(1) and Article 8(1)
Article 4(4) point (i)(b) second indent Article 10(1) and Article 12(3)
Article 4(4) point (ii) —
Article 4(4) point (iii) —
Article 4(4) point (iv) first sentence Article 13(1)
Article 4(4) point (iv) second sentence Article 27(1)
Article 4(4) point (v) Article 6(2)
Article 4(5) Article 14(1)
Article 4(6) Article 6
Article 4(6) —
Article 5(1) Article 5(1)
Article 5(2) point (a) Article 11(2)
Article 5(2) point (b) Article 7(1)
Article 5(2) point (c) Article 8(1)
Article 5(3) —
Article 5(4) first sentence Article 11(8)
Article 5(4) second sentence —
Article 5(5) —
Article 5(6) —
Article 5(7) Article 11(8)
Article 6(1) first sentence Article 15(3)
Article 6(1) second sentence —
Article 6(2) —
Article 6(3) Article 18(3)
Article 6(4) Article 18(5)
Article 6(5) Article 18(9)
Article 7 Article 16(1)
Article 8 Article 20(1)
Article 9(1) Article 20(1)
Article 9(2) Article 21
Article 10 Article 20(2)
Article 11(1) Article 17(1) and (2)
Article 11(2) Article 20(1)
Article 11(3) Article 20(1)
Article 11(4) —
Article 12(1) Article 17(4)
Article 12(2) Article 18(4)
Article 12(3) Article 18(5)
Article 12(4) Article 18(3) and (4)
Article 13 Article 20(3)
Article 14 Article 20(4)
Article 15 —
Article 16(1) Article 22(1)
Article 16(2) —
Article 16(3) Article 22(3)
Article 16(4) —
Article 16(5) Article 22(5)
Article 16(6) —
Article 16(7) —
Article 17 Article 23
Article 18 Article 25
Article 19 Article 25
Article 20(1) Article 28(3)
Article 20(2) Article 28(3)
Article 20(3) Article 28(1)
Article 20(4) Article 28(2)
Article 20(5) Article 28(4)
Article 21 Article 29
Article 22 Article 24
Article 23 Article 30
Article 24 Article 31
Annex I Annex I
Annex III —
Annex IV Annex IV
Annex V —
Annex VI Annex III
Annex VII Annex VI