Official Journ alof the EuropeanUnion L 286/1
I 
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) 
REGULATIONS  
  
REGULATION (EC) No 1005/2009 OF  
THE EUROPEAN PARLIAMENT AND  
OF 
THE COUNCIL
of 16 September 2009
on substances 
that deplete the ozone layer
(recast)
(Text with EEA relevance)
THE 
EUROPEAN 
PARLIAMENT 
AND THE  
COUNCIL 
OF THE 
EURO­
PEAN 
UNION,
Having regard to the Treaty estab lishing the European Commu­
nity, 
and 
in 
particular Article 175(1) thereof,
Having 
regard 
to the proposal from the Commission ,
Having 
regard 
to the opin ion 
of the European 
Economic 
and 
Social 
Committee
(1) OJ C 100, 30.4.2009, p. 135. (1),
After consulting 
the Committee of the Reg ions,
Acting 
in 
accordance 
with the procedure laid down  
in 
Article 251 
of the Treaty
(2) Opinion of the E uropean Parliamen t of 25 March 2009 (n ot yet pub­
lished 
in 
the Official Journ al) 
and 
Council 
Decision 
of 27 July 2009. (2),
Whereas:
(1) Regulation (EC) No 2037/2000 of the European Parlia­
ment
 and
 of the Coun cil
 of 29 June
 2000 on substances
 
that deplete the ozon e
 layer
(3) OJ L 244, 29.9.2000, p. 1. (3) has been substantially 
amended
 several times. Sin ce
 further amen dments
 are to 
be 
made, it should b e 
recast in 
the interests 
of clarity.
(2) It is estab lished that con tinued emission s of ozon e-
depleting 
substances 
(ODS) cause sig nificant 
damage to the 
ozone
 layer. There is clear eviden ce
 of a decrease in the 
atmospheric b urden 
of ODS an d 
some early sig ns 
of strato­
spheric ozon e 
recovery have b een 
observed. 
However, the 
recovery of the ozon e
 layer to the con centrations
 level 
existing 
before 
1980 is n ot 
projected to tak e 
place before the
 middle of the 21st cen tury.
 Increased
 UV-B radiation 
resulting 
from ozon e 
depletion 
therefore persists as a sig ­
nificant
 threat to health an d
 environment.
 At the same 
time, most of these sub stances 
have high 
global 
warming 
potential
 and
 are contributory
 factors towards in c
reasing
 
the temperature of the plan et.
 Further efficient measures 
need 
therefore to b e 
taken 
in 
order to protect human  
health 
and 
the environment 
against 
adverse effects resultin g 
from 
such emission s
 and
 to avoid risk ing
 further delay in the 
recovery of the ozon e 
layer.
(3) In view of its respon sibilities for the en vironment and 
trade,
 the Commun ity,
 pursuan t
 to Coun cil
 Decision 
88/540/EEC
(4) OJ L 297, 31.10.1988, p. 8. (4), has become a Party to the Vien na Conven­
tion 
for the Protection  
of the Ozon e 
Layer and 
the Mont­
real 
Protocol on  
Substances 
that Deplete the Ozon e 
Layer 
(hereinafter ‘
the Protocol’).
(4) Many ODS are g reenhouse gases but are not controlled 
under 
the United 
Nations 
Framework  
Convention 
for Cli­
mate Chan ge
 and
 its Kyoto
 Protocol on the assumption 
that the Protocol will phase out ODS. Despite prog ress
 
made by
 the Protocol, the task of phasing out ODS still 
needs 
to be 
completed in  
the European 
Union 
and 
glo­
bally, 
whilst bearing 
in 
mind 
that at presen t 
many 
alterna­
tives 
to ODS have a hig h 
global 
warming 
potential. 
It 
is 
therefore n ecessary 
to minimise 
and 
eliminate 
the produc­
tion 
and 
use of ODS wherever techn ically 
feasible 
alterna­
tives 
with low g lobal 
warming 
potential 
are availab le.N E 9 0 0 2 . 0 1 . 1 3Official Journ alof the EuropeanUnion 31.10.2009
(5) Additional measures for the protection  of the ozon e layer 
were 
adopted b y 
the Parties to the Protocol, most recen tly 
at
 their meetin g
 in Montreal
 in Septemb er
 2007 an d
 in 
Doha in 
November 
2008. It 
is necessary 
for action  
to be 
taken 
at Commun ity 
level to comply with the Commun i­
ty’s 
obligations 
under 
the Protocol an d 
in 
particular to 
implemen t 
the accelerated phase out of hydrochlorofluo­
rocarbons 
with due con sideration 
to the risk s 
of phasing 
in 
alternatives 
with high 
global 
warming 
potential.
(6) Following the concerns stated in the 2006 Report of the 
Scientific
 Assessmen t
 Panel
 related to the acceleratin g
 
growth 
of production  
and 
consumption 
of hydrochlorof­
luorocarb ons 
in 
developin g 
countries, 
the Parties to the 
Protocol in 2007 adopted Decision XI X/6
 at their 19th 
Meeting
 providing
 for an accelerated phase-out schedule 
for hydrochlorofluorocarb ons. 
Following 
that Decision  
the 
production phase-out date should b e
 brought
 forward 
from 2025 to 2020.
(7) Under Regulation (EC) No 2037/2000, as from 2010, vir­
gin
 hydrochlorofluorocarb ons
 can no
 longer
 be
 used for 
the maintenance 
or servicin g 
of refrigeration 
and 
air con­
ditioning 
equipmen t. 
In 
order to min imise 
the risk 
of ille­
gal 
use of virg in 
hydrochlorofluorocarb ons 
as recycled or 
reclaimed material, on ly 
reclaimed or recycled material 
should be
 used in main tenance
 or servicing operations. 
The re-sellin g
 of recycled hydrochlorofluorocarb ons
 
should be 
prohibited, 
and 
recycled hydrochlorofluorocar­
bons
 should on ly
 be
 used when recovered from such 
equipmen t 
and 
only 
by 
the undertaking 
which carried out 
or mandated 
the recovery. For con sistency 
this exemption  
should 
also apply to heat pump equipmen t.
(8) In view of the wide availab ility of technologies and alter­
native 
substances 
for replacin g 
ODS, it is appropriate in  
certain
 cases to provide for con trol
 measures which are 
stricter than those provided for in Reg ulation
 (EC)
 
No 2037/2000 an d 
stricter than  
those in 
the Protocol.
(9) Under Regulation (EC) No 2037/2000 the production  and 
placing 
on 
the market 
of chlorofluorocarb ons, 
other fully 
halogenated
 chlorofluorocarb ons,
 halons,
 carbon
 tetra­
chloride, 1,1,1-trichloroethan e,
 hydrobromofluorocar
­
bons,
 bromochloromethane
 and
 methyl b romide
 have 
been
 phased out an d
 the placin g
 on the mark et
 of those 
substances
 and
 of products an d
 equipmen t
 containing
 
those sub stances 
is thus prohib ited. 
It 
is now 
also appro­
priate to prog ressively
 generalise
 the ban
 on the use of 
those substances 
for the main tenance 
or servicin g 
of such 
equipmen t.(10) Even after the phase out of con trolled substances the Com­
mission
 should, un der
 certain con ditions,
 grant
 exemp­
tions
 for essen tial
 laboratory
 and
 analytical
 uses. In
 
particular, Decision X/14 of the Parties to the Protocol 
establishes
 criteria for g ranting
 of exemption s
 for those 
uses. The Commission  
should be 
empowered to estab lish 
conditions 
for essential 
laboratory 
and 
analytical 
uses. To 
avoid an 
increase 
in 
the quantities 
used for these purposes, 
producers an d 
importers should n ot 
be 
allowed to sig nifi­
cantly
 increase
 the quan tities
 placed on the mark et.
 Spe­
cific conditions
 decided b y
 the Parties for the placin g
 on 
the market 
of substances 
for those uses should b e 
inte­
grated 
into 
this Regulation 
to ensure 
compliance 
with 
them.
(11) The availab ility of alternatives to methyl b romide has been 
reflected 
in 
more substantial 
reductions 
in 
its production  
and 
consumption 
compared to the Protocol, as well as in  
Commission
 Decision 2008/753/E C
 of 18  Septemb er
 
2008 con cerning 
the non-inclusion 
of methyl b romide 
in 
Annex
 I to Coun cil
 Directive 91/414/E EC
 and
 the with­
drawal of authorisation s 
for plant 
protection  
products con ­
taining 
that substance
(1) OJ L 258, 26.9.2008, p. 68. (1) and in Directive 98/8/E C of the 
European
 Parliamen t
 and
 of the Coun cil
 of 16 February
 
1998 con cerning 
the placin g 
of biocidal 
products on  
the 
market
(2) OJ L 123, 24.4.1998, p. 1. (2). The exemption  for critical uses of methyl b ro­
mide 
should cease completely whilst temporarily allowin g 
the 
possibility 
to grant 
a derogation 
in 
emergency 
situa­
tions 
in 
the case of un expected 
pests or disease outb reaks 
where 
such emerg ency 
use is to b e 
permitted un der 
Coun­
cil 
Directive 91/414/E EC 
of 15 July 1991 con cerning 
the 
placing 
of plant 
protection  
products on  
the market
(3) OJ L 230, 19.8.1991, p. 1. (3) and 
Directive 
98/8/EC. 
In 
such cases measures to min imise 
emissions, 
such as the use of virtually impermeab le 
films 
for soil fumig ation, 
should be 
specified.
(12) In view of Commission  Regulation (EC) No 2032/2003 of
4
 Novemb er
 2003 on the secon d
 phase of the 10-year 
work 
programme 
referred to in  
Article 16(2) of Directive 
98/8/EC
 of the European
 Parliamen t
 and
 of the Coun cil
 
concerning
 the placin g
 of biocidal
 products on the mar­
ket
(4) OJ L 307, 24.11.2003, p. 1. (4), which b anned the use of methyl b romide as a bio­
cide
 by
 1 Septemb er
 2006, an d
 Decision 2008/753/E C,
 
which banned 
the use of methyl b romide 
as a plant 
pro­
tection 
product b y 18 
March 2010, the use of methyl b ro­
mide 
for quaran tine 
and 
pre-shipmen t 
application s 
should 
also be 
banned 
by 18 
March 2010.N E 2 / 6 8 2 LOfficial Journ alof the EuropeanUnion L 286/3
(13) The Protocol, in Article  2F(7), requires the Parties to 
endeavour 
to ensure 
that the use of hydrochlorofluorocar­
bons 
is limited to those application s 
where more en viron­
mentally 
suitable 
alternative 
substances 
or technologies 
are 
not 
available. 
In 
view of the availab ility 
of alternative 
and 
substitute 
technologies, 
the placin g 
on 
the market 
and 
use 
of hydrochlorofluorocarb ons
 as well as of products an d
 
equipmen t 
containing 
or relying 
on 
hydrochlorofluorocar­
bons 
can 
be 
further limited. Decision  
VI/13 
of the Parties 
to the Protocol provides that the evaluation  
of alternatives 
to
 hydrochlorofluorocarb ons
 should tak e
 into
 account
 
such factors as ozon e-depleting
 potential,
 energy
 effi­
ciency, 
potential 
flammability, 
toxicity, g lobal 
warming 
potential 
and 
the potential 
impacts on  
the effective use an d 
phase 
out of chlorofluorocarb ons 
and 
halons. 
The Parties 
concluded
 in that decision that hydrochlorofluorocarb on
 
controls 
under 
the Protocol should b e 
considerably 
tight­
ened 
to protect the ozon e 
layer and 
to reflect the availab il­
ity 
of alternatives.
(14) Control measures reg arding products an d equipmen t con­
taining 
controlled 
substances 
should be 
extended 
to prod­
ucts and 
equipmen t 
relying 
on 
those substa
nces in order to 
prevent 
circumven tions 
of the restriction s 
under 
this Regu­
lation.
 By coverin g
 additionally
 products an d
 equipmen t
 
for which the desig n,
 the use or the proper fun ctioning
 
requires the presen ce 
of a controlled 
substance, 
a potential 
opportunity 
to place on  
the market, 
import or export 
products or equipmen t 
which do n ot 
contain 
controlled 
substances
 at that momen t,
 but
 which would have to b e
 
refilled at a later date, is elimin ated. 
Furthermore, exemp­
tions 
for products an d 
equipmen t 
manufactured 
before 
the 
entry 
into 
force of the con trol 
measures should b e 
removed 
as they are n o 
longer 
relevant 
and 
might 
constitute 
a risk 
of 
illegal 
placing 
on 
the market 
or trade.
(15) Controlled substances as well as products an d equipmen t 
containing 
or relying 
on 
controlled 
substances 
from States 
not 
party to the Protocol should n ot 
be 
imported. Further­
more, the export of products an d 
equipment con t
aining
 or 
relying
 on hydrochlorofluorocarb ons
 after the en try
 into
 
force of a b an 
on 
use of those products an d 
equipmen t 
or 
of controlled
 substances
 for their main te
nance or servic­
ing
 in the Commun ity
 should b e
 prohibited
 in order to 
avoid the b uilding-up 
of banks 
of those sub stances 
in 
countries
 where sufficien t
 destruction facilities are n ot
 
available.
(16) The licensing system for con trolled substances includes the 
authorisation  
of exports of con trolled 
substances, 
in 
order 
to improve the mon itoring 
of and 
control 
of trade in  
ODS 
and 
to allow for exchan ge 
of information 
between 
Parties. 
That licen sing 
system should b e 
extended 
to products an d 
equipmen t 
containing 
or relying 
on 
controlled 
substances.(17) To improve the mon itoring and control of trade the licen s­
ing 
should cover n ot 
only 
the entry 
of goods 
into 
the cus­
toms territory for release for free circulation in the 
Community
 but
 also the en try
 under
 other customs pro­
cedures or for customs-approved treatmen ts
 and
 uses. 
Transit 
through 
the customs territory of the Commun ity, 
temporary 
storage, 
customs warehousin g 
and 
the free zon e 
procedure 
should still b e 
possible 
without licen sing 
in 
order 
to avoid un necessary 
burdens 
on 
operators an d 
cus­
toms authorities. Shipmen ts
 to or from a territory of a 
Member 
State that is n ot 
part of the customs territory of 
the Commun ity
 or not
 covered b y
 this Regulation,
 but
 
which is covered b y 
the Memb er 
State’s ratification  
of the 
Protocol should n ot 
create unnecessary 
burdens 
to Mem­
ber
 States in relation to licen sing
 and
 reporting
 provided 
that the ob ligations 
of this Reg ulation 
and 
the Protocol are 
complied with.
(18) Before issuin g import an d export licen ces the Commission  
should 
be 
enabled 
to verify with the competen t 
authorities 
of the third coun try 
concerned 
whether the in te
nded trans­
action 
would comply with the requiremen ts 
applicable 
in 
that 
country, 
in 
order to avoid illeg al 
and 
unwanted 
trade.
(19) Council Directive 67/548/E EC of 27  June  1967 on the 
approximation  
of laws, reg ulations 
and 
administrat
ive pro­
visions 
relating 
to the classification , 
packaging 
and 
label­
ling 
of dangerous 
substances
(1) OJ 196, 16.8.1967, p. 1. (1), Directive 1999/45/E C of 
the 
European 
Parliamen t 
and 
of the Coun cil 
of 31 May 
1999 concerning
 the approximation of the laws, reg ula
­
tions 
and 
administrative 
provisions 
of the Memb er 
States 
relating
 to the classification ,
 packaging
 and
 labelling
 of 
dangerous
 preparation s
(2) OJ L 200, 30.7.1999, p. 1. (2) and Regulation (EC) 
No 
1272/2008 of the E uropean 
Parliamen t 
and 
of the 
Council 
of 16 Decemb er 
2008 on 
classification , 
labelling 
and 
packaging 
of substances 
and 
mixtures
(3) OJ L 353, 31.12.2008, p. 1. (3) provide for 
the labelling 
of substances 
classified as ODS an d 
the label­
ling 
of mixtures con taining 
such substances. 
As ODS pro­
duced for feedstock ,
 process ag ent,
 laboratory
 and
 
analytical 
uses can 
be 
released for free circulation  
in 
the 
Community, 
they should b e 
distinguished 
from those sub ­
stances 
produced for other uses, in  
order to avoid an y 
diversions 
of controlled 
substances 
intended 
for feedstock , 
as 
a process ag ent 
or for laboratory 
and 
analytical 
uses to 
other uses which are con trolled 
under 
this Regulation. 
Fur­
thermore, in  
order to in form 
end 
users and 
to facilitate the 
enforcement
 of this Reg ulation
 also products an d
 equip­
ment 
containing 
or relying 
on 
such substances 
should be 
so 
labelled 
during 
maintenance 
or servicin g.
(20) To reduce the release of con trolled substances into the 
atmosphere, 
provision 
should be 
made for the recovery of 
used controlled 
substances 
and 
the preven tion 
of leakages 
of 
controlled 
substances.N E 9 0 0 2 . 0 1 . 1 3Official Journ alof the EuropeanUnion 31.10.2009
(21) The Protocol requires reportin g on trade in ODS. Annual 
reporting
 should therefore b e
 required from producers, 
importers an d 
exporters of con trolled 
substances. 
In 
order 
to enable 
the Commission  
to streamlin e 
the reportin g 
pro­
cedures to comply with the Protocol an d
 avoid duplica­
tions 
in 
the process, destruction  
facilities should also report 
directly to the Commission .
 To ensure
 compliance with 
reporting
 obligations
 under
 the Protocol an d
 to improve 
their practical application the Commission should b e
 
empowered to modify the reportin g
 requiremen ts
 for 
Member 
States and 
undertakings. 
In 
view of the en visaged 
developmen t
 of Internet-based
 reporting
 tools the Com­
mission 
should, as appropriate, draft measures to adapt the 
reporting
 requiremen ts
 as soon as the relevan t
 reporting
 
tools are in  
place.
(22) The protection of in dividuals with regard to the process­
ing 
of personal 
data by 
the Memb er 
States is g overned 
by 
Directive 
95/46/EC 
of the European 
Parliamen t 
and 
of the 
Council 
of 24 October 
1995 on 
the protection  
of individu­
als 
with regard 
to the processin g 
of person al 
data and 
on 
the 
free movemen t 
of such data
(1) OJ L 281, 23.11.1995, p. 31. (1) and the protection  of 
individuals 
with regard 
to the processin g 
of person al 
data 
by
 the Commission is g overned
 by
 Regulation
 (EC)
 
No 45/2001 of the E uropean 
Parliamen t 
and 
of the Coun ­
cil 
of 18 Decemb er 
2000 on 
the protection  
of individuals 
with 
regard 
to the processin g 
of personal 
data by 
the Com­
munity 
institutions 
and 
bodies 
and 
on 
the free movemen t 
of 
such data
(2) OJ L 8, 12.1.2001, p. 1. (2) in particular as reg ards the requiremen ts of 
confidentiality
 and
 security of processin g,
 the transf
er of 
personal 
data from the Commission  
to the Memb er 
States, 
the lawfuln ess 
of processin g, 
and 
the rights 
of data sub jects 
to 
information, 
access to an d 
rectification  
of their person al 
data.
(23) Member States should carry out in spections, taking a risk-
based 
approach in  
order to en sure 
compliance 
with all pro­
visions 
of this Reg ulation 
and 
thus targeting 
those activities 
representing 
the highest 
risk 
of illegal 
trade or emission  
of 
controlled 
substances. 
Recommen dation 
2001/331/E C 
of 
the European
 Parliamen t
 and
 of the Coun cil
 of 4 April 
2001 providing
 for minimum
 criteria for en vir
onm
ental 
inspections 
in 
the Memb er 
States
(3) OJ L 118, 27.4.2001, p. 41. (3) should provide g uid­
ance 
for the carryin g 
out of inspections 
by 
Member 
States.
(24) In view of the con tinuing innovation in the sectors covered 
by
 this Reg ulation,
 the Commission should reg ularly
 
review this Reg ulation
 and,
 if appropriate, mak e
 propos­
als, in 
particular on  
the exemption s 
and 
derogations 
pro­
vided for when techn ically
 and
 economically
 feasible
 
alternatives
 to the use of con trolled
 substances
 become
 available, 
to further stren gthen 
the protection  
of the ozon e 
layer
 and
 simultan eously
 reduce g reenhouse
 gases
 emis­
sions. 
In 
order to en sure 
compliance 
with the Protocol, the 
Commission should b e
 empowered to align Ann e
xes to 
this Regulation 
with decision s 
of the Parties, in  
particular 
with those con cerning
 approved destruction methods, 
conditions 
for the placin g 
on 
the market 
of contr
olled sub­
stances
 for essen tial
 laboratory
 and
 analytical
 uses, and
 
processes in  
which con trolled 
substances 
may be 
used as 
process ag ents.
(25) The measures n ecessary for the implemen tation of this 
Regulation 
should be 
adopted in  
accordance 
with Coun cil 
Decision 
1999/468/E C 
of 28 June 
1999 layin g 
down 
the 
procedures for the exercise of implemen ting 
powers con ­
ferred 
on 
the Commission
(4) OJ L 184, 17.7.1999, p. 23. (4).
(26) In particular, the Commission  should be empowered to 
determine
 the form an d
 content
 of labels
 for controlled
 
substances 
produced, placed on  
the market 
or used as feed­
stock,
 as process ag ent
 or for lab oratory
 and
 analytical
 
uses; to amen d 
Annex 
III 
on 
processes for which con trolled 
substances
 may be
 used as process ag ents;
 to amend
 the 
maximum amoun t 
of controlled 
substances 
that may b e 
used 
as process ag ents 
or emitted from process ag ents 
uses; 
to amend 
Annex 
V on 
conditions 
for placin g 
on 
the mar­
ket
 and
 further distrib ution
 of controlled
 substances for 
laboratory 
and 
analytical 
uses; to determin e 
a mechan ism 
for
 the allocation of quotas for con trolled
 substances
 for 
laboratory 
and 
analytical 
uses; to amen d 
Annex 
VI; 
to 
adopt modification s 
and 
time frames for the phasin g 
out 
of the critical uses of halon s;
 to amend
 the list of items 
required to b e
 stated in an application for a licen ce;
 to 
adopt addition al
 monitoring
 measures on trade in con­
trolled sub stances 
or new 
substances 
and 
of products an d 
equipmen t 
containing 
or relying 
on 
controlled 
substances; 
to 
adopt rules applicab le 
to the release for free circulation  
in
 the Commun ity
 of products an d
 equipmen t
 imported 
from any 
State not 
party to the Protocol which were pro­
duced usin g 
controlled 
substances; 
to amend 
Annex 
VII 
on 
destruction  
technologies; 
to establish 
a list with products 
and 
equipmen t 
for which the recovery for destruction  
or 
destruction without prior recovery of con trolled
 sub­
stances 
should be 
considered 
technically 
and 
economically 
feasible
 and
 therefore man datory;
 to adopt min imum
 
qualification  
requiremen ts 
for person nel; 
to establish 
a list 
of technologies 
and 
practices to b e 
used by 
undertakings 
to 
prevent
 and
 minimise
 any
 leakage
 and
 emission of con­
trolled sub stances; 
to include 
new 
substances 
in 
Annex 
II 
and
 to amend
 reporting
 requiremen ts
 for Memb e
r States 
and 
undertakings. 
Since 
those measures are of g eneral 
scope 
and 
are designed 
to amend 
non-essential 
elements 
of 
this Regulation,
 inter
 alia, by
 supplemen ting
 it with n ew
 
non-essential
 elements,
 they must b e
 adopted in accor­
dance
 with the reg ulatory
 procedure with scrutin y
 pro­
vided for in  
Article 5a of Decision  
1999/468/E C.N E 4 / 6 8 2 LOfficial Journ alof the EuropeanUnion L 286/5
(27) Directive 2006/12/E C of the European Parliamen t and of 
the 
Council 
of 5  April 2006 on  
waste
(1) OJ L 114, 27.4.2006, p. 9. Directive 2006/12/E C is repealed b y Direc­
tive 2008/98/E C
 of the European
 Parliamen t
 and
 of the Coun cil
 of
19  Novemb er
 2008 on waste an d
 repealin g
 certain Directives
(OJ L 312, 22.11.2008, p. 3) with effect from 12 Decemb er 
2010. (1) and Council 
Directive
 91/689/E EC
 of 12 Decemb er
 1991 on hazard­
ous waste
(2) OJ L 377, 31.12.1991, p. 20. (2) provide for measures on  the environmentally 
sound 
disposal an d 
recovery of waste an d 
controls 
on 
haz­
ardous waste. I n
 this regard,
 special atten tion
 should b e
 
paid to ODS in  
construction 
and 
demolition  
waste and 
in 
equipmen t
 falling
 within the scope of Directive 
2002/96/E C 
of the European 
Parliamen t 
and 
of the Coun ­
cil
 of 27 January
 2003 on waste electrical an d
 electronic 
equipmen t 
(WEEE)
(3) OJ L 37, 13.2.2003, p. 24. (3). In accordance with the Protocol 
only 
technologies 
approved b y 
the Parties may b e 
applied 
to the destruction  
of controlled 
substances. 
The relevan t 
decisions 
of the Parties should therefore b e 
inc
orporated in 
this Regulation 
to ensure 
that only 
those techn ologies 
are 
applied, provided that their application  
is compatib le 
with 
Community 
and 
national 
legislation 
on 
waste.
(28) A flexible mechanism should b e established to introduce 
reporting
 obligations
 for substances
 identified
 as ozone
 
depleting,
 to allow for assessin g
 the magnitude
 of their 
environmental 
impact an d 
to ensure 
that those n ew 
sub­
stances 
which have b een 
identified 
as having 
a significant 
ozone-depleting 
potential 
are subject 
to control 
measures. 
In 
this context, 
special atten tion 
should be 
paid to the role 
of very short-lived sub stances, 
having 
regard, 
in 
particular, 
to the 2006 Un ited
 Nation s
 En
vironm
ent 
Programme/World
 Meteorolog ical
 Organisation
 
(UNEP/WMO) 
ozone 
assessmen t, 
which con cluded 
that 
the ozone-depleting 
potential 
of those sub stances 
is great
er 
than 
previously assessed.
(29) Member States should lay down rules on pen alties appli­
cable 
to infringements 
of the provision s 
of this Reg ulation 
and 
ensure 
that they are implemen ted. 
Those pen alties 
should 
be 
effective, proportion ate 
and 
dissuasive.
(30) Since the objectives of this Reg ulation, namely to ensure 
compliance 
with the Commun ity’s 
obligations 
as party to 
the Protocol an d 
to address a tran sboundary 
environmen­
tal 
problem 
with global 
impact whilst reg ulating 
intra-
Community 
and 
external 
trade in 
ODS and 
products an d 
equipmen t 
containing 
or relying 
on 
those substances, 
can­
not
 be
 sufficiently
 achieved b y
 the Memb er
 States actin g
 
individually 
and 
can 
therefore b e 
better 
achieved at Com­
munity 
level, the Commun ity 
may adopt measures, in  
accordance 
with the prin ciple 
of subsidiarity, 
as set out in  
Article 
5 of the Treaty. I n 
accordance 
with the prin ciple 
of 
proportion ality, 
as set out in  
that Article, this Reg ulation 
does 
not 
go 
beyond 
what is necessary 
in 
order to achieve 
those objectives,HAVE ADOPTED THIS REGULATION:
CHAPTER 
I
GENERAL PROVISIONS
Article 1
Subject 
matter
This Regulation
 lays down rules on the production, import, 
export, placin g 
on 
the market, 
use, recovery, recyclin g, 
reclama­
tion and
 destruction of sub stances
 that deplete the ozon e
 layer, 
on 
the reportin g 
of information 
related to those sub stances 
and 
on 
the import, export, placin g 
on 
the market 
and 
use of products 
and 
equipmen t 
containing 
or relying 
on 
those substances.
Article 
2
Scope
This Regulation 
shall apply to con trolled 
substances, 
to new 
sub­
stances 
and 
to products an d 
equipmen t 
containing 
or relying 
on 
controlled 
substances.
Article 
3
Definitions
For 
the purposes of this Reg ulation:
1. ‘
Protocol’ mean s 
the 1987 Mon treal 
Protocol on  
Substances 
that 
Deplete the Ozon e 
Layer, as last amen ded 
and 
adjusted;
2. ‘Party’ mean s 
any 
party to the Protocol;
3. ‘State not 
party to the Protocol’ mean s, 
with respect to a par­
ticular con trolled 
substance, 
any 
State or reg ional 
economic 
integration 
organisation 
that has n ot 
agreed 
to be 
bound 
by 
the 
provisions 
of the Protocol applicab le 
to that sub stance;
4.
 ‘controlled
 substances
’ means
 substances
 listed in An nex
 I,
 
including 
their isomers, whether alon e 
or in 
a mixture, an d 
whether 
they are virg in, 
recovered, recycled or reclaimed;
5. ‘chlorofluorocarb ons
’ 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’ mean s 
the controlled 
substance 
speci­
fied in 
Group IV 
of Annex 
I;
8. ‘
methyl bromide
’ means 
the controlled 
substance 
specified in  
Group 
VI 
of Annex 
I;
9. ‘
hydrochlorofluorocarb ons
’ means 
the controlled 
substances 
listed 
in 
Group VIII 
of Annex 
I, 
including 
their isomers;N E 9 0 0 2 . 0 1 . 1 3Official Journ alof the EuropeanUnion 31.10.2009
10. ‘new sub stances ’ means substances listed in Annex  II, whether 
alone 
or in 
a mixture, an d 
whether they are virg in, 
recovered, 
recycled or reclaimed;
11. ‘feedstock ’ means 
any 
controlled 
substance 
or new 
substance 
that 
undergoes 
chemical tran sformation 
in 
a process in  
which 
it is entirely
 converted
 from its origin al
 composition an d
 
whose emission s 
are insignificant;
12. ‘
process ag ents
’ means 
controlled 
substances 
used as chemi­
cal process ag ents 
in 
the application s 
listed in 
Annex 
III;
13. ‘
producer’ mean s 
any 
natural 
or legal 
person 
producing 
con­
trolled 
substances 
or new 
substances 
within 
the Commun ity;
14.
 ‘production ’ means
 the amoun t
 of controlled
 substances
 or 
new
 substances
 produced, in cluding
 the amoun t
 produced, 
intentionally
 or inadvertently,
 as a by-product
 unless
 that 
by-product 
is destroyed as part of the man ufacturing 
process 
or followin g 
a documen ted 
procedure en suring 
compliance 
with 
this Regulation 
and 
the Commun ity 
and 
national 
legis­
lation 
on 
waste. No amoun t 
recovered, recycled or reclaimed 
shall be 
considered 
as ‘production ’, nor 
shall any 
insignificant 
amount 
unavoidably 
incorporated 
in 
products in  
trace quan ­
tities 
or emitted durin g 
manufacturing;
15. ‘
ozone-depleting 
potential
’ or ‘ODP’ mean s 
the figure 
speci­
fied in An nexes
 I and
 II
 representing
 the poten tial
 effect of 
each controlled
 substance
 or new
 substanc
e on the ozon e
 
layer;
16. ‘calculated level’  means
 a quantity
 determin ed
 by
 multiply­
ing
 the quan tity
 of each con trolled
 substanc
e by
 its ozone-
depleting 
potential 
and 
by 
adding 
together, 
for each g roup 
of 
controlled 
substances 
in 
Annex 
I 
separately, the resultin g 
figures;
17. ‘
industrial 
rationalisation
’ means 
the transfer 
either between 
Parties 
or within 
a Member 
State of all or a portion  
of the cal­
culated level of production  
of one 
producer to an other, 
for 
the purpose of optimisin g
 economic
 efficiency
 or respond­
ing
 to anticipated
 shortfalls in supply as a result of plan t
 
closures;
18. ‘import’ mean s 
the entry 
of substances, 
products an d 
equip­
ment 
covered by 
this Regulation 
into 
the customs territory of 
the Commun ity 
as far as the territory is covered b y 
a Mem­
ber
 State’s ratification of the Protocol and this Reg ulation
 
applies;
19. ‘export’ means
 the exit from the customs territory of the 
Community, 
in 
so far as the territory is covered b y 
a Member 
State’s 
ratification  
of the Protocol an d 
by 
this Regulation, 
of 
substances, 
products an d 
equipmen t 
covered b y 
this Regula­
tion 
which have the status of Commun ity 
goods 
or the 
re-export of sub stances, 
products an d 
equipmen t 
covered b y 
this
 Regulation
 if they have the status of n on-Community
 
goods;20. ‘ placing on the market ’ means the supplyin g or making avail­
able 
to third person s 
within 
the Commun ity 
for paymen t 
or 
free of charg e, 
and 
includes 
the release for free circulation  
in 
the
 Commun ity
 as referred to in Reg ulation
 (EC)
 
No 450/2008. I n 
respect of products an d 
equipmen t 
being 
part 
of immovab le 
property or part of mean s 
of transport 
this 
refers only 
to the supplyin g 
or making 
available 
within 
the 
Community 
for the first time;
21. ‘use’ mean s 
the utilisation  
of controlled 
substances 
or new
substances
 in the production ,
 maintenance
 or servicin g,
including
 refilling,
 of products an d
 equipment or in other
processes;
22. ‘heat pump’ mean s 
a device or in stallation 
that extracts heat
at low temperatures from air, water or earth an d 
supplies
heat;
23. ‘recovery’ mean s 
the collection  
and 
the storag e 
of controlled
substances 
from products an d 
equipmen t 
or containers 
dur­
ing 
maintenance 
or servicin g 
or before 
disposal;
24. ‘recycling
’ means
 the reuse of a recovered con trolled
 sub­
stance 
following 
a basic 
cleaning 
process;
25. ‘reclamation ’ means 
the reprocessin g 
of a recovered con ­
trolled 
substance 
in 
order to meet the equivalen t 
perfor­
mance 
of a virgin 
substance, 
taking 
into 
account 
its intended
use;
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 refrig eration,
 air conditioning
 or heat pump
equipmen t,
 or fire protection systems, which con tain
controlled 
substances;
27.
 ‘quarantine
 application s
’ means
 treatmen ts
 to preven t
 the
introduction, 
establishment 
or spread of quaran tine 
pests
(including 
diseases), or to en sure 
their official con trol, 
where:
—official con trol 
is that performed b y, 
or authorised b y, 
a
national
 plant,
 animal
 or environmental
 protection or
health authority,
—quarantine 
pests are pests of poten tial 
importance 
to the
areas endangered 
thereby 
and 
not 
yet presen t 
there, or
present
 but
 not
 widely distrib uted,
 and
 being
 officially
controlled;N E 6 / 6 8 2 LOfficial Journ alof the EuropeanUnion L 286/7
28. ‘pre-shipmen t  application s ’ means  those n on-quarantine
application s 
applied no 
more than  
21 days prior to export to
meet the official requiremen ts
 of the importin g
 country
 or
official requiremen ts 
of the exportin g 
country 
existing 
before
7 
December 
1995. Official requiremen ts 
are those which are
performed b y,
 or authorised b y,
 a nati
onal plan t,
 animal,
environmental, 
health or stored product authority;
29. ‘products an d
 equipmen t
 relying
 on controlled
 substances
’
means 
products an d 
equipmen t 
which do n ot 
function 
with­
out controlled 
substances, 
not 
including 
those products an d
equipmen t 
used for the production , 
processing, 
recovery,
recycling,
 reclamation or destruction of con trolled
substances;
30.
 ‘virgin
 substances
’ means
 substances
 which have n ot
 previ­
ously been 
used;
31. ‘products an d 
equipmen t
’ means 
all products an d 
equipmen t
except
 containers
 used for the tran sportati
on or storag e
 of
controlled 
substances.
CHAPTER II
PROHIBITIONS
Article 4
Production 
of controlled su bstances
The 
production  
of controlled 
substances 
shall be 
prohibited.
Article 
5
Placing on the market and u se 
of controlled su bstances
1.
 The placin g
 on the mark et
 and
 the use of con trolled
 sub­
stances 
shall be 
prohibited.
2. Controlled 
substances 
shall not 
be 
placed on  
the market 
in
non-refillable 
containers, 
except for lab oratory 
and 
analytical 
uses
as referred to in  
Article 10 an d 
Article 11(2).
3. This Article shall n ot 
apply to con trolled 
substances 
in
products an d 
equipmen t.
Article 
6
Placing on the market of produ cts 
and equipment
containing 
or relying on controlled su bstances
1. The 
placing 
on 
the market 
of products an d 
equipmen t 
con­
taining
 or relyin g
 on controlled
 substances
 shall be
 prohibited,
with 
the exception  
of products an d 
equipmen t 
for which the use
of the respective con trolled 
substance 
is authorised in  
accordance
with 
Article 10, Article 11(2) or Article 13 or has b een 
authorised
on 
the basis 
of Article 3(1) of Reg ulation 
(EC) 
No 2037/2000.
2. Except 
for uses referred to in  
Article 13(1), fire protection
systems an d 
fire extinguishers 
containing 
halons 
shall be 
prohib­
ited 
and 
shall be 
decommission ed.CHAPTER III
EXEMPTIONS 
AND 
DEROGATIONS
Article 7
Production, 
placing on the market and u se 
of controlled
substances 
as feedstock
1. By way of derog ation 
from Articles 4 an d 
5, controlled 
sub­
stances 
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 sub stances 
shall be 
labelled 
with a clear in di­
cation 
that the sub stance 
may only 
be 
used as feedstock . 
Where
such substances
 are required to b e
 labelle
d in accordan ce
 with
Directive 67/548/E EC, 
Directive 1999/45/E C 
or Regulation 
(EC)
No
 1272/2008, such in dication
 shall be
 included
 in the lab el
referred 
to in 
those Directives or in  
the supplemen tal 
information
part 
of the label 
as referred to in  
Article 25(3) of that Reg ulation.
The
 Commission may determin e
 the form an d
 content
 of the
label 
to be 
used. Those measures, desig ned 
to amend 
non-essential
elements 
of this Reg ulation, 
inter 
alia, by 
supplemen ting 
it, shall
be
 adopted in accordan ce
 with the reg ulatory
 procedure with
scrutiny 
referred to in  
Article 25(3).
Article 8
Production, 
placing on the market and u se 
of controlled
substances 
as process agents
1. By way of derog ation 
from Articles 4 an d 
5, controlled 
sub­
stances 
may be 
produced, placed on  
the market 
and 
used as pro­
cess agents.
2. Controlled 
substances 
may only 
be 
used as process ag ents
in 
installations 
existing 
on 1 
September 
1997, and 
where emis­
sions 
are insignificant.
3. Controlled 
substances 
produced or placed on  
the market 
as
process ag ents
 may only
 be
 used for that purpose. As of 1 July
2010, con tainers 
of such sub stances 
shall be 
labelled 
with a clear
indication
 that those sub stances
 may only b e
 used as process
agents. 
Where such sub stances 
are required to b e 
labelled 
in
accordance 
with Directive 67/548/E EC, 
Directive 1999/45/E C 
or
Regulation 
(EC) 
No 1272/2008, such in dication 
shall be 
included
in 
the label 
referred to in  
those Directives or in  
the supplemen tal
information 
part of the lab el 
as referred to in  
Article 25(3) of that
Regulation.
The
 Commission may determin e
 the form an d
 content
 of the
label 
to be 
used. Those measures, desig ned 
to amend 
non-essential
elements 
of this Reg ulation, 
inter 
alia, by 
supplemen ting 
it, shall
be
 adopted in accordan ce
 with the reg ulatory
 procedure with
scrutiny 
referred to in  
Article 25(3).N E 9 0 0 2 . 0 1 . 1 3Official Journ alof the EuropeanUnion 31.10.2009
4. The Commission shall, if appropriate, in accordan ce  with
the management 
procedure referred to in  
Article 25(2), estab lish
a 
list of undertakings 
in 
which the use of con trolled 
substances 
as
process ag ents 
shall be 
permitted, layin g 
down 
maximum quan ­
tities 
that may b e 
used for mak e-up 
or for con sumption 
as pro­
cess agents 
and 
emission 
levels for each of the un dertakings
concerned. 
The 
maximum amoun t 
of controlled 
substances 
that may b e 
used
as process ag ents
 within the Commun ity
 shall not
 exceed
1 083 metric ton nes 
per year.
The maximum amoun t 
of controlled 
substances 
that may b e
emitted 
from process ag ent 
uses within  
the Commun ity 
shall not
exceed 
17 metric ton nes 
per year.
5. In 
the light 
of new 
information 
or technical 
developmen ts
or
 decision s
 taken
 by
 the Parties, the Commission shall, if
appropriate: 
(a) amend 
Annex 
III;
(b) amend 
the maximum amoun t 
of controlled 
substances 
that
may be 
used as process ag ents 
or emitted from process ag ent
uses 
as referred to in  
the second 
and 
third subparagraphs 
of
paragraph 
4.
Those measures, desig ned 
to amend 
non-essential 
elements 
of this
Regulation,
 shall be
 adopted in accordan ce
 with the reg ulatory
procedure 
with scrutin y 
referred to in  
Article 25(3).
Article 9
Placing on the market of controlled su bstances 
for
destruction 
or reclamation and of produ cts 
and equipment
containing 
or relying on controlled su bstances 
for
destruction
By 
way of derog ation 
from Articles 5 an d 
6, controlled 
substances
and 
products an d 
equipmen t 
containing 
or relying 
on 
controlled
substances
 may be
 placed on the mark et
 for destruction within
the Commun ity 
in 
accordance 
with the requiremen ts 
for destruc­
tion 
referred to in  
Article 22(1). Con trolled 
substances 
may also
be 
placed on  
the market 
for reclamation  
within 
the Commun ity.
Article 
10
Essential laboratory and analytical u ses 
of controlled
substances 
other than hydrochloroflu orocarbons
1. By 
way of derog ation 
from Articles 4 an d 
5, controlled 
sub­
stances 
other than  
hydrochlorofluorocarb ons 
may be 
produced,
placed on  
the market 
and 
used for essen tial 
laboratory 
and 
ana­
lytical
 uses, sub ject
 to registration
 and
 licensing
 in accordan ce
with 
this Article.2. The Commission shall, if appropriate, in accordan ce  with
the management 
procedure referred to in  
Article 25(2), determin e
any 
essential 
laboratory 
and 
analytical 
uses for which the produc­
tion 
and 
import of con trolled 
substances 
other than  
hydrochlo­
rofluorocarb ons
 may be
 permitted in the Commun ity,
 the
respective quan tities, 
the period for which the exemption  
shall be
valid 
and 
those users which may tak e 
advantage 
of those essen ­
tial 
laboratory 
and 
analytical 
uses.
3. Controlled 
substances 
produced or placed on  
the market 
for
essential 
laboratory 
and 
analytical 
uses may on ly 
be 
used for that
purpose. As of 1  July 2010, con tainers 
containing 
such sub­
stances 
shall be 
labelled 
with a clear in dication 
that the sub stance
may 
only 
be 
used for lab oratory 
and 
analytical 
uses. Where such
substances 
are required to b e 
labelled 
in 
accordance 
with Direc­
tive 67/548/E EC,
 Directive 1999/45/E C
 or Regulation
 (EC)
No
 1272/2008, such in dication
 shall be
 included
 in the lab el
referred 
to in 
those Directives or in  
the supplemen tal 
information
part 
of the label 
as referred to in  
Article 25(3) of that Reg ulation.
The
 Commission may determin e
 the form an d
 content
 of the
label 
to be 
used. Those measures, desig ned 
to amend 
non-essential
elements 
of this Reg ulation, 
shall be 
adopted in  
accordance 
with
the regulatory 
procedure with scrutin y 
referred to in  
Article 25(3).
Controlled 
substances 
referred to in  
the first sub paragraph 
shall
only
 be
 placed on the mark et
 and
 further distrib uted
 under
 the
conditions 
set out in 
Annex 
V. The Commission  
may amen d 
that
Annex.
 Those measures, desig ned
 to amen d
 non-essential
 ele­
ments 
of this Reg ulation, 
shall be 
adopted in  
accordance 
with the
regulatory 
procedure with scrutin y 
referred to in  
Article 25(3).
4. Any
 undertaking
 using
 controlled
 substances
 other than
hydrochlorofluorocarb ons 
for essential 
laboratory 
and 
analytical
uses 
shall register 
with the Commission , 
indicating 
the substances
being 
used, the purpose, the estimated an nual 
consumption 
and
the 
suppliers of those sub stances, 
and 
shall update that in forma­
tion 
when 
changes 
occur.
5. By the date specified in  
a notice 
issued by 
the Commission ,
producers 
and 
importers supplyin g 
the undertaking 
referred to in
paragraph 
4 or using 
controlled 
substances 
for their own  
account
shall
 declare to the Commission the foreseen deman d
 for the
period specified in the n otice,
 specifyin g
 the nature
 and
 quanti
­
ties of con trolled 
substances 
needed.
6.
 The Commission shall issue licen ces
 to producers an d
importers 
of controlled 
substances, 
other than  
hydrochlorofluo­
rocarbons, 
produced or imported for essen tial 
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 un der 
licences 
for indi­
vidual 
producers an d 
importers shall n ot 
exceed 130 % of the
annual
 average
 of the calculated level of con trolled
 substances
licensed 
for the producer or importer for essen tial 
laboratory 
and
analytical 
uses in 
the years 2007 to 2009. N E 8 / 6 8 2 LOfficial Journ alof the EuropeanUnion L 286/9
The total quan tity annually authorised un der licences, including
licences 
for hydrochlorofluorocarb ons 
under 
Article 11(2), shall
not 
exceed 110 ODP ton nes. 
Remaining 
quantities 
may be 
allo­
cated to producers an d 
importers which did not place on  
the mar­
ket
 or use con trolled
 substances,
 for their own accoun t
 for
essential 
laboratory 
and 
analytical 
uses in 
the years 2007 to 2009. 
The Commission  
shall determin e 
a mechan ism 
for the allocation
of quotas to producers an d 
importers. Those measures, desig ned
to 
amend 
non-essential 
elements 
of this Reg ulation, 
inter 
alia, by
supplemen ting 
it, shall be 
adopted in  
accordance 
with the reg u­
latory 
procedure with scrutin y 
referred to in  
Article 25(3). 
7. A producer may b e 
authorised b y 
the competen t 
authority
of the Memb er 
State in 
which that producer’s relevan t 
production
is situated to produce the con trolled
 substances
 referred to in
paragraph 
1 for the purpose of meetin g 
the requests licen sed 
in
accordance 
with parag raph 
6. 
The competen t
 authority of the Memb er
 State con cerned
 shall
notify 
the Commission  
in 
advance 
of its intention 
to issue an y
such 
authorisation . 
8. To 
the exten t 
permitted b y 
the Protocol, the competen t
authority 
of the Memb er 
State in 
which a producer’s relevan t 
pro­
duction 
is situated may authorise that producer to produce or to
exceed the calculated levels of production  
laid down  
in 
para­
graph 
6 in 
order to satisfy an y 
essential 
laboratory 
and 
analytical
uses 
of Parties at their request. 
The competen t
 authority of the Memb er
 State con cerned
 shall
notify 
the Commission  
in 
advance 
of its intention 
to issue an y
such 
authorisation . 
Article 
11
Production, 
placing on the market and u se 
of
hydrochloroflu orocarbons 
and placing on the market of
products 
and equipment 
containing or relying on
hydrochloroflu orocarbons
1. By 
way of derog ation 
from Article 4, hydrochlorofluorocar­
bons 
may be 
produced provided that each producer en sures 
the
following: 
(a)
 the calculated level of its production of hydrochlorofluoro­
carbons 
in 
the period from 1 January 
2010 to 31 Decemb er
2010 
and
 in each 12-mon th
 period thereafter un til
31 
December 
2013 does n ot 
exceed 35 % of the calculated
level of its production  
of hydrochlorofluorocarb ons 
in 
1997;
(b)
 the calculated level of its production of hydrochlorofluoro­
carbons 
in 
the period from 1 January 
2014 to 31 Decemb er
2014 
and
 in each 12-mon th
 period thereafter un til
31 
December 
2016 does n ot 
exceed 14 % of the calculated
level of its production  
of hydrochlorofluorocarb ons 
in 
1997;
(c) the calculated level of its production of hydrochlorofluoro­
carbons 
in 
the period from 1 January 
2017 to 31 Decemb er
2017 
and
 in each 12-mon th
 period thereafter un til
31
 December
 2019 does not
 exceed 7 % of the calculated
level of its production  
of hydrochlorofluorocarb ons 
in 
1997;(d) it produces n o hydrochlorofluorocarb ons after 31 Decemb er
2019
.
2. By way of derog ation 
from Article 4 an d 
Article 5(1), hydro­
chlorofluorocarb ons 
may be 
produced, placed on  
the market 
and
used 
for laboratory 
and 
analytical 
uses. 
Article 10(3) to (7) shall apply mutatis mutan dis. 
3.
 By way of derog ation
 from Article 5, un til
 31 Decemb er
2014
, reclaimed hydrochlorofluorocarb ons 
may be 
placed on the
market 
and 
used for the main tenance 
or servicin g 
of existin g
refrigeration,
 air-conditioning
 and
 heat pump equipmen t,
 pro­
vided that the con tainer 
is labelled 
with an 
indication 
that the sub ­
stance
 has been
 reclaimed an d
 with information on the b atch
number 
and 
name 
and 
address of the reclamation  
facility.
4. Until
 31 Decemb er
 2014, recycled hydrochlorofluorocar­
bons 
may be 
used for the main tenance 
or servicin g 
of existing
refrigeration,
 air-conditioning
 and
 heat pump equipmen t
 pro­
vided that they have b een 
recovered from such equipmen t 
and
may 
only 
be 
used by 
the undertaking 
which carried out the recov­
ery as part of main tenance 
or servicin g 
or for which the recovery
as part of main tenance 
or servicin g 
was carried out.
5. By way of derog ation
 from Article 5, un til
 31 Decemb er
2019
, hydrochlorofluorocarb ons 
may be 
placed on  
the market
for
 repackaging
 and
 subsequent
 export. An y
 undertaking
 carry­
ing 
out the repack aging 
and 
subsequent 
export of hydrochlorof­
luorocarb ons
 shall register
 with the Commission ,
 indicating the
controlled 
substances 
concerned, 
their estimated an nual 
demand
and 
the suppliers of those sub stances, 
and 
shall update this in for­
mation 
when 
changes 
occur.
6. When 
reclaimed or recycled hydrochlorofluorocarb ons 
are
used for main tenance
 or servicin g,
 the refrig eration,
 air-
conditioning
 and
 heat pump equipmen t
 concerned
 shall be
labelled 
with an 
indication 
of the type of sub stance, 
its quantity
contained
 in the equipmen t
 and
 the label
 elements
 set out in
Annex 
I 
to Regulation 
(EC) 
No 1272/2008 for sub stances 
or mix­
tures classified as Hazardous to the Ozon e 
Layer.
7. Undertakings 
operating 
the equipmen t 
referred to in  
para­
graph 
4 containing 
a fluid charg e 
of 3 kg 
or more shall k eep 
a
record of the quan tity 
and 
type of sub stance 
recovered an d 
added,
and 
of the compan y 
or technician 
which performed the main te­
nance 
or servicin g. 
Undertakings 
using 
reclaimed or recycled hydrochlorofluorocar­
bons 
for maintenance 
or servicin g 
shall keep 
a record of the
undertakings 
that have supplied reclaimed hydrochlorofluorocar­
bons 
and 
of the source of recycled hydrochlorofluorocarb ons. N E 9 0 0 2 . 0 1 . 1 3Official Journ alof the EuropeanUnion 31.10.2009
8. By way of derog ation from Articles 5 an d  6, the Commis­
sion 
may, followin g 
a request b y 
a competen t 
authority of a Mem­
ber 
State and 
in 
accordance 
with the man agement 
procedure
referred to in  
Article 25(2), authorise a time-limited exemption  
to
allow the use an d
 placing
 on the mark et
 of hydrochlorofluoro­
carbons 
and 
of products an d 
equipmen t 
containing 
or relying 
on
hydrochlorofluorocarb ons
 where it is demon strated
 that, for a
particular use, techn ically
 and
 economically
 feasible
 alternative
substances 
or technologies 
are not 
available 
or cannot 
be 
used. 
This exemption  
may not 
be 
authorised for a period which exten ds
beyond 31 
December 
2019.
Article 12
Quarantine 
and pre-shipment 
applications and emergency
uses 
of methyl bromide
1. By way of derog ation
 from Article 5(1), un til
 18 March
2010, methyl b romide 
may be 
placed on  
the market 
and 
used for
quarantine
 and
 for pre-shipmen t
 application s
 for treatmen t
 of
goods 
for export provided that the placin g 
on 
the market 
and 
use
of methyl b romide 
are allowed respectively un der 
national 
legis­
lation
 in accordan ce
 with Directive 91/414/E EC
 and
 Directive
98/8/EC.
Methyl 
bromide 
may only 
be 
used on 
sites approved b y 
the com­
petent
 authorities of the Memb er
 State con cerned
 and,
 if eco­
nomically 
and 
technically 
feasible, 
subject 
to the con dition 
that at
least 80 % of methyl b romide 
released from the con signment 
is
recovered.
2. The calculated level of methyl b romide 
which undertakings
place
 on the mark et
 or use for their own accoun t
 in the period
from 1 January 
2010 to 18 March 2010 shall n ot 
exceed 45 ODP
tonnes.
Each 
undertaking 
shall ensure 
that the calculated level of methyl
bromide 
which it places on  
the market 
or uses for its own  
account
for
 quarantine
 and
 pre-shipmen t
 application s
 shall not exceed
21 % of the averag e 
of the calculated level of methyl b romide
which 
it placed on  
the market 
or used for its own  
account 
for
quarantine 
and 
pre-shipmen t 
in 
the years 2005 to 2008.
3. In 
an 
emergency, 
where unexpected 
outbreaks 
of particular
pests or diseases so require, the Commission  
may, at the request
of the competen t 
authority of a Memb er 
State, authorise the tem­
porary production , 
placing 
on 
the market 
and 
use of methyl b ro­
mide, 
provided that the placin g 
on 
the market 
and 
use of methyl
bromide 
are allowed respectively un der 
Directive 91/414/EEC an d
Directive 
98/8/EC. Such  authorisation shall apply for a period n ot  exceedin g  120
days and 
to a quantity 
not 
exceeding 
20 metric ton nes 
and 
shall
specify measures to b e 
taken 
to reduce emission s 
during 
use. 
Article 13
Critical u ses 
of halons and decommissioning of equ ipment
containing 
halons
1. By way of derog ation 
from Article 5(1), halon s 
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 
autho­
rised by 
the competen t 
authority of the Memb er 
State concerned
to 
store halon s 
for critical uses.
2. The Commission  
shall review An nex 
VI 
and, 
if appropriate,
adopt modification s 
and 
time-frames for the phasin g 
out of the
critical uses b y 
defining 
cut-off dates for n ew 
application s 
and 
end
dates 
for existin g 
application s, 
taking 
into 
account 
the availab il­
ity
 of technically
 and
 economically
 feasible
 alternatives
 or tech­
nologies 
that are acceptab le 
from the stan dpoint 
of environment
and 
health. 
Those measures, desig ned 
to amend 
non-essential 
elements 
of this
Regulation,
 inter
 alia, by
 supplemen ting
 it, shall be adopted in
accordance 
with the reg ulatory 
procedure with scrutin y 
referred
to in 
Article 25(3). 
3. Fire protection systems an d
 fire extin guishers
 containing
halons 
applied in  
uses referred to in  
paragraph 
1 shall be 
decom­
missioned 
by 
the end 
dates to b e 
specified in  
Annex 
VI.
4. The 
Commission  
may, at the request of the competen t
authority 
of a Memb er 
State and 
in 
accordance 
with the man age­
ment 
procedure referred to in  
Article 25(2), g rant 
derogations
from 
end 
dates for existin g 
application s 
or cut-off dates for n ew
application s, 
provided those dates have b een 
specified in  
Annex 
VI
in 
accordance 
with parag raph 
2, for specific cases where it is dem­
onstrated
 that no
 technically
 and
 economica
lly feasible altern a
­
tive is availab le.
Article 
14
Transfer of rights and indu strial 
rationalisation
1. Any 
producer or importer en titled 
to place con trolled 
sub­
stances 
on 
the market 
or use them for its own  
account 
may trans
­
fer that rig ht 
in 
respect of all or an y 
quantities 
of the respective
group 
of substances 
fixed in 
accordance 
with this Article to an y
other 
producer or importer of that g rou
p of substances 
within 
the
Community. 
Any 
such transfer 
shall be 
notified 
in 
advance 
to the
Commission . 
The transfer 
of the right 
to place on  
the market 
or
use shall n ot 
imply the further rig ht 
to produce or to import.N E 0 1 / 6 8 2 LOfficial Journ alof the EuropeanUnion L 286/11
2. To the exten t permitted b y the Protocol, the competen t
authority 
of the Memb er 
State in 
which a producer’s relevan t 
pro­
duction 
is situated may authorise that producer to exceed the cal­
culated levels of production laid down in Article  10 an d
Article 
11(2) for the purpose of in dustrial 
rationalisation 
within
the Memb er 
State concerned, 
provided that the calculated levels
of production  
of that Memb er 
State do n ot 
exceed the sum of the
calculated levels of production  
of its domestic producers as laid
down 
in 
Article 10 an d 
Article 11(2) for the periods in  
question.
The
 competen t
 authority of the Memb er
 State con cerned
 shall
notify 
the Commission  
in 
advance 
of its intention 
to issue an y
such 
authorisation .
3.
 To the exten t
 permitted b y
 the Protocol, the Commission
may, in 
agreement 
with the competen t 
authority of the Memb er
State 
in 
which a producer’s relevan t 
production  
is situated, autho­
rise that producer to exceed the calculated levels of production
laid down  
in 
Article 10 an d 
Article 11(2) for the purpose of
industrial
 rationalisation
 between
 Member
 States, provided that
the comb ined 
calculated levels of production  
of the Memb er
States 
concerned 
do not 
exceed the sum of the calculated levels
of production of their domestic producers as laid down inArticle 10 an
d 
Article 11(2) for the periods in  
question. 
The
agreement 
of the competen t 
authority of the Memb er 
State in
which it is in tended 
to reduce production  
shall also b e 
required.
4. To the exten t
 permitted b y
 the Protocol, the Commission
may, in 
agreement 
with both 
the competen t 
authority of the
Member 
State in 
which a producer’s relevan t 
production  
is situ­
ated and
 the government
 of the third coun try
 Party con cerned,
authorise 
a producer to comb ine 
the calculated levels of produc­
tion 
laid down  
in 
Article 10 an d 
Article 11(2) with the calculated
levels of production  
allowed to a producer in a third coun try 
Party
under 
the Protocol an d 
that producer’s n ational 
legislation 
for the
purpose of in dustrial
 rationalisation
 with a third coun try
 Party,
provided that the comb ined 
calculated levels of production  
by 
the
two producers do n ot 
exceed the sum of the calculated levels of
production  
allowed to the Commun ity 
producer un der 
Article 10
and 
Article 11(2) an d 
the calculated levels of production  
allowed
to the third coun try 
Party producer un der 
the Protocol an d 
any
relevant 
national 
legislation.
CHAPTER IV
TRADE
Article 15
Imports of controlled su bstances 
or of produ cts 
and
equipment 
containing or relying on controlled su bstances
1. Imports 
of controlled 
substances 
or of products an d 
equip­
ment 
other than  
personal 
effects con taining 
or relying 
on 
those
substances, 
shall be 
prohibited.
2.
 The prohib ition
 set out in parag raph
 1 shall n ot
 apply to
imports of: 
(a) controlled 
substances 
to be 
used for lab oratory 
and 
analyti­
cal 
uses referred to in  
Article 10 an d 
Article 11(2);
(b) controlled 
substances 
to be 
used as feedstock ;(c) controlled 
substances 
to be 
used as process ag ents;
(d)
 controlled
 substances
 for destruction b y
 technologies
referred 
to in 
Article 22(2);
(e) until
 31 Decemb er
 2019, hydrochlorofluorocarb ons
 to be
repackaged
 and
 subsequently
 re-exported n o
 later than
31 Decemb er 
of the followin g 
calendar 
year to a Party where
the consumption 
or import of that hydrochlorofluorocarb on
is 
not 
prohibited;
(f)
 methyl b romide
 for emerg ency
 uses referred to in
Article 12(3) or, un til
 31 Decemb er
 2014, for repack aging
and
 subsequent
 re-export for quaran tine
 and
 pre-shipmen t
application s
 provided that the re-export tak es
 place durin g
the 
year of import;
(g) recovered, 
recycled or reclaimed halon s, 
under 
the condition
that
 they are on ly
 imported for critical uses referred to in
Article 13(1), b y 
undertakings 
authorised b y 
the competen t
authority 
of the Memb er 
State concerned 
to store halon s 
for
critical uses;
(h) products an d 
equipmen t 
containing 
or relying 
on 
controlled
substances 
for destruction , 
where applicab le 
by 
technologies
referred 
to in 
Article 22(2);
(i) products an d 
equipmen t 
containing 
or relying 
on 
controlled
substances 
to satisfy lab oratory 
and 
analytical 
uses referred to
in 
Article 10 an d 
Article 11(2);
(j) products an d
 equipmen t
 containing
 or relying
 on halon to
satisfy critical uses referred to in  
Article 13(1);
(k)
 products an d
 equipmen t
 containing
 hydrochlorofluorocar­
bons
 for which the placin g
 on the mark et
 has been
 autho­
rised in 
accordance 
with Article 11(5).
3. Imports
 referred to in parag raph
 2, with the exception of
imports for tran sit 
through 
the customs territory of the Commu­
nity 
or imports un der 
the temporary storag e, 
customs warehous­
ing 
or free zon e 
procedure as referred to in  
Regulation 
(EC)
No 
450/2008, provided that they remain  
in 
the customs territory
of the Commun ity 
no 
longer 
than 
45 days an d 
that they are n ot
subsequently 
presented 
for release for free circulation  
in 
the Com­
munity, 
destroyed or processed, shall b e 
subject 
to the presen ta­
tion 
of an 
import licen ce. 
Those licen ces 
shall be 
issued by 
the
Commission  
after verification  
of complian ce 
with Articles  16
and 
20.N E 9 0 0 2 . 0 1 . 1 3Official Journ alof the EuropeanUnion 31.10.2009
Article 16
Release for free circu lation 
in the Commu nity 
of imported
controlled su bstances
1.
 The release for free circulation in the Commun ity
 of
imported con trolled
 substances
 shall be
 subject
 to quantitative
limits. 
The Commission  
shall determin e 
those limits an d 
allocate
quotas to un dertakings
 for the period from 1  January
to 31 
December 
2010 and 
for each 12-mon th 
period thereafter
in 
accordance 
with the man agement 
procedure referred to in
Article 25(2).
The quotas referred to in  
the first sub paragraph 
shall be 
allocated
only 
for the followin g 
substances:
(a) controlled 
substances 
if they are used for lab oratory 
and 
ana­
lytical, 
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 ag ents.
2. By 
the date specified in  
a notice 
issued by 
the Commission ,
importers
 of substances
 referred to in poin ts
 (a), (b)
 and
 (c) of
paragraph 
1 shall declare to the Commission  
the anticipated
demand,
 specifyin g
 the nature
 and
 quantities
 of controlled sub­
stances 
needed. 
On 
the basis 
of those declaration s 
the Commis­
sion 
shall estab lish 
quantitative 
limits to the imports of sub stances
referred 
to in 
points 
(a), (b) 
and 
(c) of parag raph 
1.
Article 17
Export of controlled su bstances 
or of produ cts
and 
equipment 
containing or relying
on controlled su bstances
1. Exports 
of controlled 
substances 
or of products an d 
equip­
ment 
other than  
personal 
effects con taining 
or relying 
on 
those
substances, 
shall be 
prohibited.
2.
 The prohib ition
 set out in parag raph
 1 shall n ot
 apply to
exports of: (a) con
trolled 
substances 
to be 
used for essen tial 
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 ag ents;
(d) products 
and 
equipmen t 
containing 
or relying 
on 
controlled
substances 
produced in  
accordance 
with Article  10(7) or
imported un der 
point 
(h) or (i) of Article 15(2);
(e) recovered, recycled or reclaimed halon s
 stored for critical
uses referred to in  
Article 13(1) b y 
undertakings 
authorised
by 
the competen t 
authority of a Memb er 
State and 
products
and 
equipmen t 
containing 
or relying 
on 
halon 
to satisfy criti­
cal uses;(f) virgin or reclaimed hydrochlorofluorocarb ons for uses other
than 
destruction ;
(g)
 until
 31 Decemb er
 2014, methyl b romide
 re-exported for
quarantine 
and 
pre-shipmen t 
application s;
(h)
 metered dose in halers
 manufactured
 with chlorofluorocar­
bon
 the use of which has b een
 authorised on the b asis
 of
Article 3(1) of Reg ulation 
(EC) 
No 2037/2000.
3. By way of derog ation
 from parag raph
 1, the Commission
may, followin g 
a request b y 
a competen t 
authority of a Memb er
State 
and 
in 
accordance 
with the man agement 
procedure referred
to in Article 25(2), authorise the export of products an d
 equip­
ment
 containing
 hydrochlorofluorocarb ons
 where it is demon­
strated that in  
view of the econ omic 
value and 
the expected
remaining 
lifetime of the specific g ood, 
the prohib ition 
of export
would impose a disproportion ate
 burden
 on the exporter. Such
export requires prior n otification 
by 
Commission  
to the import­
ing 
country.
4. Exports 
referred to in  
paragraphs 
2 and 
3 shall be 
subject 
to
licensing, 
with the exception  
of re-exports sub sequent 
to transit
through 
the customs territory of the Commun ity, 
temporary stor­
age, 
customs-warehousin g 
or free zon e 
procedure, as referred to
in 
Regulation 
(EC) 
No 450/2008, provided that the re-export
takes 
place not 
later than  
45 days after the import. That export
licence 
shall be 
issued by 
the Commission  
to undertakings 
after
verification  
of complian ce 
with Article 20.
Article 18
Licensing of imports and exports
1. The Commission  
shall set up an d 
operate an  
electronic
licensing 
system an d 
shall decide on  
application s 
for licences
within 
30 days of receipt.
2. Application s 
for licences 
referred to in  
Articles 15 an d 
17
shall be
 submitted
 using
 the system referred to in parag raph
 1.
Before sub mitting 
an 
application  
for a licen ce 
undertakings 
shall
register 
in 
that system.
3. An 
application  
for a licen ce 
shall state the followin g: 
(a) the 
names 
and 
the addresses of the importer an d 
the exporter;
(b) the 
country 
of import an d 
export;
(c) in 
the case of imports or exports of con trolled 
substances, 
a
description  
of each con trolled 
substance, 
including:
(i) the 
commercial description ;
(ii) the 
description  
and 
the Comb ined 
Nomenclature 
code as
laid down  
in 
Annex 
IV;
(iii)
 whether the sub stance
 is virgin,
 recovered, recycled or
reclaimed;
(iv) the quantity 
of the sub stance 
in 
metric kilograms;N E 2 1 / 6 8 2 LOfficial Journ alof the EuropeanUnion L 286/13
(v) in the case of halon s,  a declaration that they are to b e
imported 
or exported to satisfy a critical use referred to
in 
Article 13(1), specifyin g 
which use;
(d) in 
the case of imports or exports of products an d 
equipmen t
containing 
or relying 
on 
controlled 
substances:
(i) the 
type and 
nature 
of the products an d 
equipmen t;
(ii)
 for countable
 items the n umber
 of units,
 the descrip­
tion 
and 
the quantity 
per unit 
in 
metric kilograms 
of
each controlled 
substance;
(iii) for 
uncountable 
items the total quan tity 
of the product,
the description  
and 
the total n et 
quantity, 
in 
metric
kilograms, 
of each con trolled 
substance;
(iv) the 
country/countries 
of final 
destination 
of the prod­
ucts and 
equipmen t;
(v)
 whether the con trolled
 substance
 contained
 is virgin,
recycled, 
recovered or reclaimed;
(vi) in 
the case of imports or exports of products an d 
equip­
ment 
containing 
or relying 
on 
halon, 
a declaration  
that
they are to b e 
imported or exported to satisfy a critical
use referred to in  
Article 13(1), specifyin g 
which use;
(vii) in the case of products an d
 equipmen t
 cont
aining or
relying 
on 
hydrochlorofluorocarb ons, 
the referen ce 
to
the Commission authorisation referred to in
Article 17(3);
(viii) the Comb ined
 Nomenclature
 code of the product or
equipmen t 
to be 
imported or exported;
(e) the purpose of the proposed import, in cluding 
the intended
customs
 treatmen t
 and
 use, specifyin g
 where relevant the
intended 
customs procedure;
(f) the place an d 
expected date of the proposed import or export;
(g) the 
customs office where the g oods 
will be 
declared;
(h) in 
the case of imports of con trolled 
substances 
or products
and 
equipmen t 
for destruction , 
the name 
and 
address of the
facility where they will b e 
destroyed;
(i) any 
further information 
deemed n ecessary 
by 
the competen t
authority 
of a Memb er 
State.
4. Each 
importer or exporter shall n otify 
the Commission  
of
any 
changes 
which mig ht 
occur durin g 
the period of validity of
the licence 
in 
relation 
to the data n otified 
under 
paragraph 
3.5. 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 licen ce 
issued by 
the country 
from
which the import or to which the export tak es 
place.
6. The Commission may share the sub mitted
 data so far as
necessary 
in 
specific cases with competen t 
authorities of the Par­
ties concerned
 and
 may reject the licen ce
 application if an y
 rel­
evant 
obligations 
set out in 
this Regulation 
are not 
complied with,
or on 
the followin g 
grounds: 
(a) in 
the case of an  
import licen ce, 
where it is estab lished 
based
on 
information 
from the competen t 
authorities of the coun ­
try 
concerned 
that the exporter is n ot 
an 
undertaking 
autho­
rised to trade in  
the respective sub stance 
in 
that coun try;
(b) in 
the case of an  
export licen ce, 
where the competen t 
authori­
ties of the importin g 
country 
have informed 
the Commission
that the import of the con trolled 
substance 
would con stitute
a 
case of illeg al 
trade, or would adversely impact on  
the
implemen tation 
of control 
measures of the importin g 
coun­
try 
in 
place to comply with its ob ligations 
under 
the Proto­
col or would lead to an  
excess of the quan titative 
limits under
the 
Protocol for that coun try.
7. The 
Commission  
shall make 
available 
a copy of each licen ce
to 
the competen t 
authority of the Memb er 
State concerned.
8. The 
Commission  
shall, as soon  
as possib le, 
inform 
the
applicant 
and 
the Memb er 
State concerned 
of any 
licence 
appli­
cation 
rejected pursuan t 
to paragraph 
6, specifyin g 
the reason  
for
the rejection .
9. The 
Commission  
may amen d 
the list of items men tioned 
in
paragraph 
3 and 
Annex 
IV. 
Those measures, desig ned 
to amend
non-essential
 elements
 of this Reg ulation,
 shall be
 adopted in
accordance 
with the reg ulatory 
procedure with scrutin y 
referred
to in 
Article 25(3).
Article 19
Measures 
for monitoring of illegal trade
The Commission may adopt addition al
 measures for the mon i
­
toring
 of controlled
 substances
 or new
 substanc
es and of prod­
ucts and
 equipmen t
 containing
 or relyin g
 on con trolled
substances
 placed un der
 temporary storag e,
 customs warehous­
ing 
or free zon e 
procedure or in  
transit 
through 
the customs ter­
ritory of the Commun ity
 and
 subsequently
 re-exported, on the
basis 
of an 
evaluation  
of the poten tial 
risks 
of illegal 
trade linked
to 
such movemen ts, 
taking 
into 
account 
the environmental 
ben­
efits 
and 
socioecon omic 
impacts of such measures.
Those measures, desig ned 
to amend 
non-essential 
elements 
of this
Regulation,
 inter
 alia, by
 supplemen ting
 it, shall be adopted in
accordance 
with the reg ulatory 
procedure with scrutin y 
referred
to in 
Article 25(3).N E 9 0 0 2 . 0 1 . 1 3Official Journ alof the EuropeanUnion 31.10.2009
Article 20
Trade with a State not party to the Protocol
and a territory not covered by the Protocol
1. Import 
and 
export of con trolled 
substances 
and 
of products
and 
equipmen t 
containing 
or relying 
on 
controlled 
substances
from 
and 
to any 
State not 
party to the Protocol shall b e 
prohibited.
2. The 
Commission  
may adopt rules applicab le 
to the release
for free circulation  
in 
the Commun ity 
of products an d 
equipmen t
imported 
from any 
State not 
party to the Protocol which were
produced usin g 
controlled 
substances 
but 
do not 
contain 
sub­
stances
 which can b e
 positively iden tified
 as controlled
 sub­
stances. 
The identification 
of such products an d 
equipmen t 
shall
comply with periodical techn ical 
advice given 
to the Parties.
Those measures, desig ned 
to amend 
non-essential 
elements 
of this
Regulation,
 inter
 alia, by
 supplemen ting
 it, shall b e
 adopted in
accordance 
with the reg ulatory 
procedure with scrutin y 
referred
to in 
Article 25(3).
3. By way of derog ation
 from parag raph
 1, trade with an y
State 
not 
party to the Protocol in  
controlled 
substances 
and 
prod­
ucts and 
equipmen t 
containing 
or relying 
on 
such substances 
or
which are produced b y 
means 
of one 
or more such sub stances
may 
be 
authorised b y 
the Commission , 
to the exten t 
that the State
not 
party to the Protocol is determin ed 
by 
a meeting 
of the Par­
ties pursuan t 
to Article 4(8) of the Protocol to b e 
in 
full compli­
ance
 with the Protocol an d
 has submi
tted data to that effect as
specified in  
Article 7 of the Protocol. The Commission  
shall act
in 
accordance 
with the man agement 
procedure referred to in
Article 25(2) of this Reg ulation.
4.
 Subject
 to any
 decision tak en
 under
 the secon d
 subpara
­
graph, 
paragraph 
1 shall apply to an y 
territory n ot 
covered b y 
the
Protocol as they apply to an y 
State not 
party to the Protocol. 
Where the authorities of a territory n ot 
covered b y 
the Protocol
are in 
full complian ce 
with the Protocol an d 
have submitted 
data
to that effect as specified in  
Article 7 of the Protocol, the Com­
mission 
may decide that some or all of the provision s 
of para­
graph 
1 of this Article shall n ot 
apply in 
respect of that territory. 
The Commission shall act in accordan ce
 with the man agement
procedure 
referred to in  
Article 25(2). 
Article 21
List of produ cts 
and equipment 
containing or relying
on controlled su bstances
No 
later than 1 
January 
2010, the Commission  
shall mak e 
avail­
able 
a list of products an d 
equipmen t 
which mig ht 
contain 
or rely
on 
controlled 
substances 
and 
of Combined 
Nomenclature 
codes
for guidance 
of the Memb er 
States’ customs authorities.CHAPTER V
EMISSION 
CONTROL
Article 22
Recovery and destru ction 
of used 
controlled su bstances
1.
 Controlled
 substances
 contained
 in refrig eration,
 air-
conditioning
 and
 heat pump equipmen t,
 equipmen t
 containing
solvents
 or fire protection systems an d
 fire extin guishers
 shall,
during 
the maintenance 
or servicin g 
of equipmen t 
or before 
the
dismantling 
or disposal of equipmen t, 
be 
recovered for destruc­
tion, 
recycling 
or reclamation .
2.
 Controlled
 substances
 and
 products con taining
 such sub­
stances 
shall only 
be 
destroyed b y 
approved techn ologies 
listed in
Annex 
VII 
or, in 
the case of con trolled 
substances 
not 
referred to
in 
that Annex, 
by 
the most en vironmentally 
acceptable 
destruc­
tion techn ology
 not
 entailing
 excessive costs, provided that the
use of those techn ologies 
complies with Commun ity 
and 
national
legislation 
on 
waste and 
that addition al 
requiremen ts 
under 
such
legislation 
are met.
3. The Commission may amen d
 Annex
 VII
 in order to tak e
new 
technological 
developmen ts 
into 
account. 
Those 
measures, desig ned 
to amend 
non-essential 
elements 
of this
Regulation,
 shall be
 adopted in accordan ce
 with the reg ulatory
procedure 
with scrutin y 
referred to in  
Article 25(3). 
4. Controlled 
substances 
contained 
in 
products an d 
equipmen t
other 
than 
those men tioned 
in 
paragraph 
1 shall, if techn ically
and 
economically 
feasible, 
be 
recovered for destruction , 
recycling
or 
reclamation , 
or shall b e 
destroyed without prior recovery,
applying 
the technologies 
referred to in  
paragraph 
2. 
The Commission  
shall estab lish 
an 
Annex 
to this Reg ulation 
with
a list of products an d 
equipmen t 
for which the recovery of con ­
trolled 
substances 
or destruction  
of products an d 
equipmen t 
with­
out prior recovery of con trolled 
substances 
shall be 
considered
technically
 and
 economically
 feasible,
 specifyin g,
 if appropriate,
the techn ologies
 to be
 applied. An y
 draft measure to estab lish
such 
an 
Annex 
shall be 
accompan ied 
and 
supported b y 
a full eco­
nomic 
assessmen t 
of costs an d 
benefits, 
taking 
into 
account 
the
individual 
circumstan ces 
of Member 
States. 
Those measures, desig ned 
to amend 
non-essential 
elements 
of this
Regulation,
 inter
 alia, by
 supplemen ting
 it, shall b e
 adopted in
accordance 
with the reg ulatory 
procedure with scrutin y 
referred
to in 
Article 25(3). 
5. Member
 States shall tak e
 steps to promote the recovery,
recycling,
 reclamation an d
 destruction of con trolled
 substances
and 
shall defin e 
the minimum 
qualification  
requiremen ts 
for the
personnel 
involved. N E 4 1 / 6 8 2 LOfficial Journ alof the EuropeanUnion L 286/15
The Commission  shall evaluate the measures tak en by the Mem­
ber 
States and 
may in 
the light 
of this evaluation  
and 
of technical
and
 other relevan t
 information,
 as appropriate, adopt measures
regarding 
those min imum 
qualification  
requiremen ts. 
Those 
measures, desig ned 
to amend 
non-essential 
elements 
of this
Regulation,
 inter
 alia, by
 supplemen ting
 it, shall be adopted in
accordance 
with the reg ulatory 
procedure with scrutin y 
referred
to in 
Article 25(3). 
Article 23
Leakages and emissions of controlled su bstances
1.
 Undertakings
 shall take
 all precaution ary
 measures practi­
cable 
to prevent 
and 
minimise 
any 
leakages 
and 
emissions 
of con­
trolled 
substances.
2.
 Undertakings
 operating
 refrigeration,
 air conditioning
 or
heat pump equipmen t, 
or fire protection  
systems, in cluding 
their
circuits, which con tain 
controlled 
substances 
shall ensure 
that the
stationary 
equipmen t 
or systems: 
(a) with a fluid charg e 
of 3 kg 
or more of con trolled 
substances
are 
checked 
for leakage 
at least on ce 
every 12 mon ths; 
this
shall not
 apply to equipmen t
 with hermetically sealed sys­
tems, which are lab elled 
as such an d 
contain 
less than 
6 kg
of 
controlled 
substances;
(b) with 
a fluid charg e 
of 30 kg 
or more of controlled sub stances
are 
checked 
for leakage 
at least on ce 
every 6 mon ths;
(c)
 with a fluid charg e
 of 300 k g
 or more of con trolled
 sub­
stances 
are checked 
for leakage 
at least on ce 
every 3 mon ths;
and 
that any 
detected leak age 
is repaired as soon  
as possible 
and
in 
any 
event 
within 
14 days.
The equipmen t
 or system shall b e
 checked
 for leakage
 within 1
month 
after a leak  
has been 
repaired to en sure 
that the repair has
been 
effective.
3. Undertakings 
referred to in  
paragraph 
2 shall main tain
records 
on 
the quantity 
and 
type of con trolled 
substances 
added
and
 the quan tity
 recovered durin g
 maintenance,
 servicing
 and
final 
disposal of the equipmen t 
or system referred to in  
that para­
graph.
 They shall also main tain
 records of other relevan t
 infor
­
mation 
including 
the identification 
of the compan y 
or technician
which
 performed the main tenance
 or servicin g,
 as well as the
dates and 
results of the leak age 
checks 
carried out. These records
shall be 
made availab le 
on 
request to the competen t 
authority of
a Member 
State and 
to the Commission .4.  Member  States shall defin e  the min imum  qualification
requiremen ts 
for the person nel 
carrying 
out activities referred to
in 
paragraph 
2. In 
the light 
of an 
evaluation  
of these measures
taken 
by 
the Memb er 
States and 
of technical 
and 
other relevan t
information, 
the Commission  
may adopt measures reg arding 
the
harmonisation 
of those min imum 
qualification  
requiremen ts. 
Those 
measures, desig ned 
to amend 
non-essential 
elements 
of this
Regulation,
 inter
 alia, by
 supplemen ting
 it, shall be adopted in
accordance 
with the reg ulatory 
procedure with scrutin y 
referred
to in 
Article 25(3). 
5. Undertakings
 shall take
 all precaution ary
 measures practi­
cable 
to prevent 
and 
minimise 
any 
leakages 
and 
emissions 
of con­
trolled 
substances 
used as feedstock  
and 
as process ag ents.
6.
 Undertakings
 shall take
 all precaution ary
 measures practi­
cable 
to prevent 
and 
minimise 
any 
leakage 
and 
emissions 
of con­
trolled
 substances
 inadvertently
 produced in the course of the
manufacture 
of other chemicals.
7. The Commission  
may estab lish 
a list of techn ologies 
or
practices to b e 
used by 
undertakings 
to prevent 
and 
minimise 
any
leakage 
and 
emissions 
of controlled 
substances. 
Those 
measures, desig ned 
to amend 
non-essential 
elements 
of this
Regulation,
 inter
 alia, by
 supplemen ting
 it, shall be adopted in
accordance 
with the reg ulatory 
procedure with scrutin y 
referred
to in 
Article 25(3). 
CHAPTER VI
NEW 
SUBSTANCES
Article 24
New substances
1.
 The production ,
 import, placin g
 on the mark et,
 use and
export 
of new 
substances 
in 
Part A of An nex 
II 
are prohib ited.
This 
prohibition 
does not 
apply to n ew 
substan
ces if they are used
as feedstock  
or for laboratory 
and 
analytical 
uses, to imports for
transit
 through
 the customs territory of the Commun ity
 or
imports un der
 the temporary storag e,
 customs warehousing or
free zon e
 procedure as referred to in Reg ulation
 (EC)
No
 450/2008, un less
 such imports have b ee
n assigned an other
customs-approved 
treatment 
or use as referred to in  
that Regula­
tion, 
or to exports sub sequent 
to imports already exempted.
2. The Commission  
shall, if appropriate, in clude 
in 
Part A of
Annex 
II 
substances 
that are in cluded 
in 
Part B of that An nex 
that
are found 
to be 
exported, imported, produced or put on  
the mar­
ket
 in significant
 quantities
 and
 that are foun d
 by
 the Scien tific
Assessmen t 
Panel 
under 
the Protocol to have a sig nificant 
ozone-
depleting 
potential, 
and 
shall, if appropriate, determin e 
possible
exemption s 
from parag raph 
1. N E 9 0 0 2 . 0 1 . 1 3Official Journ alof the EuropeanUnion 31.10.2009
Those measures, desig ned to amend non-essential elements of this
Regulation,
 shall be
 adopted in accordan ce
 with the reg ulatory
procedure 
with scrutin y 
referred to in  
Article 25(3). 
3. In 
the light 
of relevan t 
scientific 
information, 
the Commis­
sion 
shall, if appropriate, in clude 
in 
Part B of An nex 
II 
any 
sub­
stances 
that are n ot 
controlled 
substances 
but 
that are foun d 
by
the 
Scientific 
Assessmen t 
Panel 
under 
the Protocol or an other 
rec­
ognised
 authority of equivalen t
 stature to have a sig nificant
ozone-depleting
 potential.
 Those measures, desig ned
 to amend
non-essential
 elements
 of this Reg ulation,
 shall be
 adopted in
accordance 
with the reg ulatory 
procedure with scrutin y 
referred
to in 
Article 25(3).
CHAPTER VII
COMMITTEE, 
REPORTING, INSPECTION AND  
PENALTIES
Article 25
Committee
1. The Commission  
shall be 
assisted by 
a Committee.
2. Where referen ce 
is made to this parag raph, 
Articles 4 an d 
7
of Decision  
1999/468/E C 
shall apply, havin g 
regard 
to the pro­
visions 
of Article 8 thereof. 
The period laid down  
in 
Article 4(3) of Decision  
1999/468/E C
shall 
be 
set at 1 mon th. 
3. Where 
reference 
is made to this parag raph, 
Article 5a(1)
to (4) and 
Article 7 of Decision  
1999/468/E C 
shall apply, havin g
regard 
to the provision s 
of Article 8 thereof.
Article 26
Reporting by the Member States
1. Each 
year by 
30 June 
Member 
States shall report the follow­
ing
 information
 in an electron ic
 format to the Commission ,
 for
the previous calen dar 
year: 
(a) the quantities 
of methyl b romide 
authorised, pursuan t 
to
Article 12(2) an d 
(3), for differen t 
treatments 
for quaran tine
and 
pre-shipmen t 
purposes used in  
their territory, specifyin g
the
 purposes for which methyl b romide
 was used, an d
 the
progress 
in 
evaluating 
and 
using 
alternatives;
(b) the 
quantities 
of halons 
installed, 
used and 
stored for critical
uses, pursuan t 
to Article 13(1), the measures tak en 
to reduce
their emission s
 and
 an estimate of such emission s,
 and
progress 
in 
evaluating 
and 
using 
adequate altern atives;
(c) cases 
of illegal 
trade, in 
particular those detected durin g 
the
inspections 
carried out pursuan t 
to Article 28.2. The Commission  
shall, in 
accordance 
with the man agement
procedure 
referred to in  
Article 25(2), determin e 
the format for
the submission 
of the information 
referred to in  
paragraph 
1.
3. The Commission  
may amen d 
paragraph 
1. 
Those measures, desig ned 
to amend 
non-essential 
elements 
of this
Regulation,
 shall be
 adopted in accordan ce
 with the reg ulatory
procedure 
with scrutin y 
referred to in  
Article 25(3). 
Article 27
Reporting by u ndertakings
1. Each 
year by 
31 March, each un dertaking 
shall commun i­
cate 
to the Commission , 
sending 
a copy to the competen t 
author­
ity of the Memb er 
State concerned, 
the data listed in  
paragraphs 
2
to 6 for each con trolled 
substance 
and 
each new 
substance 
listed
in 
Annex 
II 
for the previous calen dar 
year.
2. Each producer shall commun icate the followin g data: 
(a) its total production of each sub stance
 referred to in
paragraph 
1;
(b) any 
production  
placed on  
the market 
or used for the produc­
er’s own 
account 
within 
the Commun ity, 
separately iden tify­
ing 
production  
for feedstock , 
process ag ent 
and 
other uses;
(c) any 
production  
to meet the essen tial 
laboratory 
and 
analyti­
cal 
uses in 
the Commun ity, 
licensed 
in 
accordance 
with
Article 10(6);
(d) any 
production  
authorised un der 
Article  10(8) to satisfy
essential 
laboratory 
and 
analytical 
uses of Parties;
(e) any 
increase 
in 
production  
authorised un der 
Article 14(2), (3)
and 
(4) in 
connection 
with industrial 
rationalisation;
(f) any 
quantity 
recycled, reclaimed or destroyed an d 
the tech­
nology 
used for the destruction , 
inc
luding 
amount
s produced
and 
destroyed as b y-product 
as referred to in  
Article 3(14);
(g) any 
stocks;
(h) any 
purchases from an d 
sales to other producers in  
the
Community.
3.
 Each
 importer shall commun icate
 for each sub stance
referred 
to in 
paragraph 
1 the followin g 
data: 
(a) any 
quantities 
released for free circulation  
in 
the Commun ity,
separately
 identifying
 imports for feedstock an d
 process
agent
 uses, for essen tial
 laboratory
 and
 analytical
 uses
licensed 
in 
accordance 
with Article 10(6), for use in  
quaran­
tine
 and
 pre-shipmen t
 application s
 and
 for destruction .
Importers 
which imported con trolled 
substances 
for destruc­
tion 
shall also commun icate 
the actual fin al 
destination 
or
destinations 
of each of the sub stances, 
providing 
separately
for each destin ation
 the quan tity
 of each of the sub stances
and
 the name
 and
 address of destruction facility where the
substance 
was delivered;N E 6 1 / 6 8 2 LOfficial Journ alof the EuropeanUnion L 286/17
(b) any  quan tities  imported un der  other customs procedures,
separately iden tifying 
the customs procedure an d 
the desig­
nated 
uses;
(c) any 
quantities 
of used sub stances 
referred to in  
paragraph 
1
imported for recyclin g 
or reclamation ;
(d) any 
stocks;
(e) any 
purchases from an d 
sales to other un dertakings 
in 
the
Community;
(f) the 
exporting 
country.
4.
 Each
 exporter shall commun icate
 for each sub stances
referred 
to in 
paragraph 
1 the followin g 
data: 
(a) any 
quantities 
of such sub stances 
exported, separately iden ­
tifying 
quantities 
exported to each coun try 
of destination 
and
quantities 
exported for feedstock  
and 
process ag ent 
uses,
essential 
laboratory 
and 
analytical 
uses, critical uses an d 
for
quarantine 
and 
pre-shipmen t 
application s;
(b) any 
stocks;
(c) any 
purchases from an d 
sales to other un dertakings 
in 
the
Community;
(d) the 
country 
of destination.
5. Each 
undertaking 
destroying 
controlled 
substances 
referred
to in 
paragraph 
1 and 
not 
covered b y 
paragraph 
2 shall commu­
nicate 
the followin g 
data: 
(a) any 
quantities 
of such sub stances 
destroyed, in cluding 
quan­
tities 
contained 
in 
products or equipmen t;
(b) any 
stocks 
of such sub stances 
waiting 
to be 
destroyed, in clud­
ing 
quantities 
contained 
in 
products or equipmen t;
(c) technology 
used for the destruction .
6. Each 
undertaking 
using 
controlled 
substances 
as feedstock
or process ag ents 
shall commun icate 
the followin g 
data: 
(a) any 
quantities 
of such sub stances 
used as feedstock  
or pro­
cess agents;
(b) any 
stocks 
of such sub stances;
(c) the 
processes an d 
emissions 
involved.
7. Each 
year before 
31  March, each producer or importer
which holds a licen ce 
under 
Article 10(6) shall, for each sub stance
for 
which an 
authorisation  
has been 
received, report to the Com­
mission, 
sending 
a copy to the competen t 
authority of the Mem­
ber 
State concerned, 
the nature 
of the use, the quan tities 
used
during 
the previous year, the quan tities 
held in 
stock, 
any 
quan­
tities 
recycled, reclaimed or destroyed, an d 
the quantity 
of prod­
ucts and
 equipmen t
 containing
 or relyin g
 on those sub stances
placed 
on 
the Commun ity 
market 
and/or 
exported.8. The Commission  shall take appropriate steps to protect the
confidentiality 
of the information 
submitted 
to it.
9. The format of the reports referred to in  
paragraphs 
1 to 7
shall be
 established
 in accordan ce
 with the manag emen
t proce­
dure referred to in  
Article 25(2).
10. The Commission  
may amen d 
the reportin g 
requiremen ts
laid 
down 
in 
paragraphs 
1 to 7. 
Those measures, desig ned 
to amend 
non-essential 
elements 
of this
Regulation,
 shall be
 adopted in accordan ce
 with the reg ulatory
procedure 
with scrutin y 
referred to in  
Article 25(3). 
Article 28
Inspection
1. Member 
States shall con duct 
inspections 
on 
the complian ce
of
 undertakings
 with this Reg ulation,
 followin g
 a risk-based
approach, 
including 
inspections 
on 
imports an d 
exports of con ­
trolled 
substances 
as well as of products an d 
equipmen t 
contain­
ing 
or relying 
on 
those substances. 
The competen t 
authorities of
the Memb er
 States shall carry out the in vestigations
 which the
Commission  
considers 
necessary 
under 
this Regulation.
2.
 Subject
 to the ag reement
 of the Commission an d
 of the
competen t 
authority of the Memb er 
State within  
the territory of
which the in vestigations 
are to be 
made, the officials of the Com­
mission 
shall assist the officials of that authority in  
the perfor­
mance 
of their duties.
3. In 
carrying 
out the task s 
assigned 
to it by 
this Regulation,
the 
Commission  
may obtain 
all necessary 
information 
from the
governments 
and 
competen t 
authorities of the Memb er 
States and
from 
undertakings. 
When 
requesting 
information 
from an 
under­
taking 
the Commission  
shall at the same time forward a copy of
the request to the competen t 
authority of the Memb er 
State within
the territory of which the un dertaking’s 
seat is situated.
4. The Commission  
shall take 
appropriate action  
to promote
an adequate exchan ge
 of information
 and
 cooperation b etween
national 
authorities an d 
between 
national 
authorities an d 
the
Commission . 
The 
Commission  
shall take 
appropriate steps to protect the con ­
fidentiality 
of information 
obtained 
under 
this Article. 
5. At the request of an other
 Member
 State, a Memb er
 State
may conduct 
inspections 
of undertakings 
or investigations 
of
undertakings 
suspected of b eing 
engaged 
in 
the illegal 
movemen t
of 
controlled 
substances 
and 
which are operatin g 
on 
the territory
of that Memb er 
State.N E 9 0 0 2 . 0 1 . 1 3L 286/18 EN Official Journ alof the EuropeanUnion 31.10.2009
Article 29
Penalties
Member 
States shall lay down  
the rules on  
penalties 
applicable 
to
infringements 
of the provision s 
of this Reg ulation 
and 
shall take
all 
measures n ecessary 
to ensure 
that they are implemen ted. 
The
penalties
 provided for must b e
 effective, proportionate an d
 dis­
suasive. Memb er 
States shall n otify 
those provision s 
to the Com­
mission b y
 30 June
 2011 at the latest an d
 shall also n otify
 it
without delay of an y 
subsequent 
amendment 
affecting 
them.
CHAPTER VIII
FINAL 
PROVISIONS
Article 30
Repeal
Regulation 
(EC) 
No 2037/2000 shall b e 
repealed as from 1 Janu­
ary 
2010.References 
to the repealed Reg ulation 
shall be 
construed 
as refer­
ences 
to this Reg ulation 
and 
shall be 
read in 
accordance 
with the
correlation  
table 
set out in 
Annex 
VIII.
Article 
31
Entry into force
This Regulation 
shall enter 
into 
force on 
the 20th day followin g
its publication in the Official Journal of the European Union.
It 
shall apply from 1 January 
2010.
This Regulation 
shall be 
binding 
in 
its entirety 
and 
directly applicab le 
in 
all Member 
States.
Done 
at Strasbourg, 16 
September 
2009.
For the European Parliament
The President
J. BUZEKFor the Council
The President
C. MALMSTRÖMOfficial Journ alof the EuropeanUnion L 286/19
ANNEX I
CONTROLLED  
SUBSTANCES
Group SubstanceOzone-depleting 
potential (1)
Group I CFCl3 CFC-11 Trichlorofluoromethan e 1,0
CF2Cl2 CFC-12 Dichlorodifluoromethan e 1,0
C2F3Cl3 CFC-113 Trichlorotrifluoroethan e 0,8
C2F4Cl2 CFC-114 Dichlorotetrafluoroethan e 1,0
C2F5Cl CFC-115 Chloropen tafluoroethane 0,6
Group 
IICF3Cl CFC-13 Chlorotrifluoromethan e 1,0
C2FCl5 CFC-111 Pentachlorofluoroethane 1,0
C2F2Cl4 CFC-112 Tetrachlorodifluoroethan e 1,0
C3FCl7 CFC-211 Heptachlorofluoropropan e 1,0
C3F2Cl6 CFC-212 Hexachlorodifluoropropan e 1,0
C3F3Cl5 CFC-213 Pentachlorotrifluoropropane 1,0
C3F4Cl4 CFC-214 Tetrachlorotetrafluoropropan e 1,0
C3F5Cl3 CFC-215 Trichloropen tafluoropropane 1,0
C3F6Cl2 CFC-216 Dichlorohexafluoropropan e 1,0
C3F7Cl CFC-217 Chloroheptafluoropropan e 1,0
Group 
IIICF2BrCl halon-1211 Bromochlorodifluoromethan e 3,0
CF3Br halon-1301 Bromotrifluoromethan e 10,0
C2F4Br2 halon-2402 Dibromotetrafluoroethane 6,0
Group 
IVCCl4 CTC Tetrachloromethan e (carbon 
tetrachloride)1,1
Group 
VC2H3Cl3 (2) 1,1,1-TCA 1,1,1-Trichloroethan e (methylchloroform) 0,1
Group VI CH3Br methyl bromide Bromomethan e 0,6N E 9 0 0 2 . 0 1 . 1 3Official Journ alof the EuropeanUnion 31.10.2009
Group VIICHFBr2 HBFC-21 B2 Dibromofluoromethane 1,00
CHF2Br HBFC-22 B1 Bromodifluoromethan e 0,74
CH2FBr HBFC-31 B1 Bromofluoromethan e 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 Bromotetrafluoroethan e 1,2
C2H2FBr3 HBFC-131 B3 Tribromofluoroethane 1,1
C2H2F2Br2 HBFC-132 B2 Dibromodifluoroethane 1,5
C2H2F3Br HBFC-133 B1 Bromotrifluoroethan e 1,6
C2H3FBr2 HBFC-141 B2 Dibromofluoroethane 1,7
C2H3F2Br HBFC-142 B1 Bromodifluoroethan e 1,1
C2H4FBr HBFC-151 B1 Bromofluoroethan e 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 Bromohexafluoropropan e 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 Bromopen tafluoropropane 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 Bromotetrafluoropropan e 4,4
C3H4FBr3 HBFC-251 B1 Tribromofluoropropane 0,3
C3H4F2Br2 HBFC-252 B2 Dibromodifluoropropane 1,0
C3H4F3Br HBFC-253 B1 Bromotrifluoropropan e 0,8
C3H5FBr2 HBFC-261 B2 Dibromofluoropropane 0,4
C3H5F2Br HBFC-262 B1 Bromodifluoropropan e 0,8
C3H6FBr HBFC-271 B1 Bromofluoropropan e 0,7N E 0 2 / 6 8 2 L
)1( l a i t n e t o pg n i t e l p e d - e n o z Oe c n a t s b u S p u o r GOfficial Journ alof the EuropeanUnion L 286/21
Group VIIICHFCl2 HCFC-21 (3)Dichlorofluoromethan e 0,040
CHF2Cl HCFC-22 (3)Chlorodifluoromethan e 0,055
CH2FCl HCFC-31 Chlorofluoromethan e 0,020
C2HFCl4 HCFC-121 Tetrachlorofluoroethan e 0,040
C2HF2Cl3 HCFC-122 Trichlorodifluoroethan e 0,080
C2HF3Cl2 HCFC-123 (3)Dichlorotrifluoroethan e 0,020
C2HF4Cl HCFC-124 (3)Chlorotetrafluoroethan e 0,022
C2H2FCl3 HCFC-131 Trichlorofluoroethan e 0,050
C2H2F2Cl2 HCFC-132 Dichlorodifluoroethan e 0,050
C2H2F3Cl HCFC-133 Chlorotrifluoroethan e 0,060
C2H3FCl2 HCFC-141 Dichlorofluoroethan e 0,070
CH3CFCl2 HCFC-141b  (3)1,1-Dichloro-1-fluoroethan e 0,110
C2H3F2Cl HCFC-142 Chlorodifluoroethan e 0,070
CH3CF2Cl HCFC-142b  (3)1-Chloro-1,1-difluoroethan e 0,065
C2H4FCl HCFC-151 Chlorofluoroethan e 0,005
C3HFCl6 HCFC-221 Hexachlorofluoropropan e 0,070
C3HF2Cl5 HCFC-222 Pentachlorodifluoropropane 0,090
C3HF3Cl4 HCFC-223 Tetrachlorotrifluoropropan e 0,080
C3HF4Cl3 HCFC-224 Trichlorotetrafluoropropan e 0,090
C3HF5Cl2 HCFC-225 Dichloropen tafluoropropane 0,070
CF3CF2CHCl2HCFC-225ca (3)3,3-Dichloro-1,1,1,2,2-pen tafluoropropane 0,025
CF2ClCF2CHClF HCFC-225cb  (3)1,3-Dichloro-1,1,2,2,3-pen tafluoropropane 0,033
C3HF6Cl HCFC-226 Chlorohexafluoropropan e 0,100
C3H2FCl5 HCFC-231 Pentachlorofluoropropane 0,090
C3H2F2Cl4 HCFC-232 Tetrachlorodifluoropropan e 0,100
C3H2F3Cl3 HCFC-233 Trichlorotrifluoropropan e 0,230
C3H2F4Cl2 HCFC-234 Dichlorotetrafluoropropan e 0,280
C3H2F5Cl HCFC-235 Chloropen tafluoropropane 0,520
C3H3FCl4 HCFC-241 Tetrachlorofluoropropan e 0,090
C3H3F2Cl3 HCFC-242 Trichlorodifluoropropan e 0,130
C3H3F3Cl2 HCFC-243 Dichlorotrifluoropropan e 0,120
C3H3F4Cl HCFC-244 Chlorotetrafluoropropan e 0,140
C3H4FCl3 HCFC-251 Trichlorofluoropropan e 0,010
C3H4F2Cl2 HCFC-252 Dichlorodifluoropropan e 0,040
C3H4F3Cl HCFC-253 Chlorotrifluoropropan e 0,030
C3H5FCl2 HCFC-261 Dichlorofluoropropan e 0,020
C3H5F2Cl HCFC-262 Chlorodifluoropropan e 0,020
C3H6FCl HCFC-271 Chlorofluoropropan e 0,030
Group 
IXCH2BrCl BCM Bromochloromethan e 0,12
(1)The figures relating to ozone-depleting potential are estimates b ased on existing knowledge and will be reviewed an d revised periodically 
in 
the light 
of decision s 
taken 
by 
the Parties. 
(2)This formula does n ot refer to 1,1,2-trichloroethan e.  
(3)Identifies the most commercially viab le substance as prescrib ed in the Protocol.N E 9 0 0 2 . 0 1 . 1 3
)1( l a i t n e t o pg n i t e l p e d - e n o z Oe c n a t s b u S p u o r GOfficial Journ alof the EuropeanUnion 31.10.2009
ANNEX II
NEW SUBSTANCES
Part A: 
Substances 
restricted u nder 
Article 24(1)
Substance Ozone-depleting potential
CBr2 F2 Dibromodifluoromethane (halon-1202) 1,25
Part 
B: 
Substances 
to be reported on u nder 
Article 27
Substance Ozone-depleting potential  (1)
C3H7Br 1-Bromopropan e (n-propyl bromide) 0,02 — 0,10
C2H5Br Bromoethan e (ethyl bromide) 0,1 — 0,2
CF3I Trifluoroiodomethan e (trifluoromethyl iodide) 0,01 — 0,02
CH3Cl Chloromethan e (methyl chloride) 0,02
(1)The figures relating to ozone-depleting potential are estimates b ased on existing knowledge and will be reviewed an d revised periodically 
in 
the light 
of decision s 
taken 
by 
the Parties.N E 2 2 / 6 8 2 L31.10.2009 EN Official Journ alof the EuropeanUnion L 286/23
ANNEX III
Processes in  
which con trolled 
substances 
are used as process ag ents 
as referred to in  
Article 3(12):
(a) use of carb on 
tetrachloride for the elimin ation 
of nitrogen 
trichloride in  
the production  
of chlorin e 
and 
caustic soda;
(b) use 
of carbon 
tetrachloride in  
the recovery of chlorin e 
in 
tail gas 
from production  
of chlorin e;
(c) use 
of carbon 
tetrachloride in  
the manufacture 
of chlorin ated 
rubber;
(d) use 
of carbon 
tetrachloride in  
the manufacture 
of poly-phen ylene-ter
ephthalamide;
(e) use of CFC-12 in  
the photochemical syn thesis 
of perfluoropolyetherpolyperoxide precursors of Z-perfluoropolyethers 
and 
difunctional 
derivatives;
(f) use of CFC-113 in  
the preparation  
of perfluoropolyether diols with high fun ctionality;
(g) use 
of carbon 
tetrachloride in  
production  
of Cyclodime;
(h) use of hydrochlorofluorocarb ons 
in 
the processes set out in  
points 
(a) to (g) 
when 
used to replace the chlorofluoro­
carbon 
or carbon 
tetrachloride.Official Journ alof the EuropeanUnion 31.10.2009
ANNEX IV
Groups, 
Combined Nomenclatu re 
codes (1) and descriptions for the su bstances referred to in Annex I
Group CN code Description
Group I 2903 41 00 Trichlorofluoromethan e
2903 
42 00 Dichlorodifluoromethan e
2903 
43 00 Trichlorotrifluoroethan es
2903 
44 10 Dichlorotetrafluoroethan es
2903 
44 90 Chloropen tafluoroethane
Group 
II 2903 
45 10 Chlorotrifluoromethan e
2903 
45 15 Pentachlorofluoroethane
2903 
45 20 Tetrachlorodifluoroethan es
2903 
45 25 Heptachlorofluoropropan es
2903 
45 30 Hexachlorodifluoropropan es
2903 
45 35 Pentachlorotrifluoropropanes
2903 
45 40 Tetrachlorotetrafluoropropan es
2903 
45 45 Trichloropen tafluoropropanes
2903 
45 50 Dichlorohexafluoropropan es
2903 
45 55 Chloroheptafluoropropan es
Group 
III 2903 
46 10 Bromochlorodifluoromethan e
2903 
46 20 Bromotrifluoromethan e
2903 
46 90 Dibromotetrafluoroethanes
Group 
IV 2903 
14 00 Carbon 
tetrachloride
Group V 2903 19 10 1,1,1-Trichloroethan e 
(methyl chloroform)
Group VI 2903 39 11 Bromomethan e 
(methyl b romide)
Group 
VII 2903 
49 30 Hydrobromofluoromethanes, 
-ethanes 
or -propan es
Group 
VIII 2903 
49 11 Chlorodifluoromethan e 
(HCFC-22)
2903 49 15 1,1-Dichloro-1-fluoroethan e 
(HCFC-141b )
2903 
49 19 Other Hydrochlorofluoromethan es, 
-ethanes 
or -propan es 
(HCFCs)
Group IX ex 
2903 49 80 Bromochloromethan e
Mixtures 3824 
71 00 Mixtures con taining 
chlorofluorocarb ons 
(CFCs), whether or n ot 
containing 
hydrochlorofluorocarb ons
 (HCFCs), perfluorocarb ons
 (PFCs) or 
hydrofluorocarb ons 
(HFCs)
3824 72 00 Mixtures con taining
 bromochlorodifluoromethane,
 bromotrifluoromethan e
 
or dibromotetrafluoroethanes
3824 
73 00 Mixtures con taining 
hydrobromofluorocarbons 
(HBFCs)
3824 74 00 Mixtures con taining
 hydrochlorofluorocarb ons
 (HCFCs), wheth er or not
 
containing 
perfluorocarb ons 
(PFCs) or hydrofluorocarb ons 
(HFCs), but 
not 
containing 
chlorofluorocarb ons 
(CFCs)
3824 75 00 Mixtures con taining 
carbon 
tetrachloride
3824 76 00 Mixtures con taining 
1,1,1-trichloroethan e 
(methyl chloroform)
3824 77 00 Mixtures con taining
 bromomethan e
 (methyl b romide)
 or 
bromochloromethane
(1)An ‘ex’ before a code implies that sub stances other than  those referred to in  the column  ‘ Description ’ may also fall un der that subheading.N E 4 2 / 6 8 2 L31.10.2009 EN Official Journ alof the EuropeanUnion L 286/25
ANNEX V
Conditions for the placing on the market and fu rther 
distribution 
of controlled su bstances 
for essential 
laboratory and analytical u ses 
referred to in Article 10(3)
1. Controlled 
substances 
for essential 
laboratory 
and 
analytical 
uses shall con tain 
only 
controlled 
substances 
manufactured 
to 
the followin g 
purities: 
Substance %
CTC (reag ent grade) 99,5
1,1,1-trichloroethan e 99,0
CFC 
11 99,5
CFC 13 99,5
CFC 12 99,5
CFC 113 99,5
CFC 114 99,5
Other con trolled 
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 
subse
quently mixed b y 
manufactur
ers, agents, 
or distributors 
with other chemi­
cals controlled 
or not 
controlled 
by 
the Protocol as is customary for lab or
atory and 
analytical 
uses.
2. These hig h 
purity sub stances 
and 
mixtures con taining 
controlled 
subst
ances 
shall be 
supplied on ly 
in 
re-closable 
con­
tainers 
or high 
pressure cylin ders 
smaller than  
three litres or in  
10 millilitre or smaller g lass 
ampoules, mark ed 
clearly as 
substances 
that deplete the ozon e 
layer, restricted to lab oratory 
and 
ana
lytical uses an d 
specifying 
that used or surplus 
substances 
should be 
collected an d 
recycled, if practical. The material should b e 
destroyed if recyclin g 
is not 
practical. L 286/26 EN Official Journ alof the EuropeanUnion 31.10.2009
ANNEX VI
CRITICAL USES OF  
HALON
Use of halon  
1301:
—in 
aircraft for the protection  
of crew compartmen ts, 
engine 
nacelles, 
cargo 
bays 
and 
dry bays, 
and 
fuel tank 
inerting,
 
—in 
military lan d 
vehicles an d 
naval 
vessels for the protection  
of spaces occupied b y 
personnel 
and 
engine 
compartmen ts,
 
—for the mak ing 
inert 
of occupied spaces where flammab le 
liquid and/or 
gas 
release could occur in  
the military an d 
oil, 
gas 
and 
petrochemical sector, an d 
in 
existing 
cargo 
ships, 
—for the mak ing 
inert 
of existing 
manned 
communication 
and 
command 
centre
s of the armed forces or others, essen tial 
for 
national 
security, 
—for the mak ing 
inert 
of spaces where there may b e 
a risk 
of dispersion  
of radioactive matter, 
—in 
the Channel 
Tunnel 
and 
associated in stallations 
and 
rolling 
stock.
Use 
of halon 
1211:
—in 
military lan d 
vehicles an d 
naval 
vessels for the protection  
of spaces occupied b y 
personnel 
and 
engine 
compartmen ts,
 
—in 
hand-held 
fire extinguishers 
and 
fixed extin guisher 
equipmen t 
for engines 
for use on  
board 
aircraft, 
—in 
aircraft for the protection  
of crew compartmen ts, 
engine 
nacelles, 
cargo 
bays 
and 
dry bays,
 
—in 
fire extinguishers 
essential 
to person al 
safety used for in itial 
extinguishing 
by 
fire brigades,
 
—in 
military an d 
police fire extin guishers 
for use on  
persons.
Use
 of halon 2402 on ly
 in the Czech Repub lic,
 Estoni
a, Cyprus, Latvia, Lithuan ia,
 Hungary,
 Malta, Polan d,
 Slovenia
 and
 
Slovakia:
—in 
aircraft for the protection  
of crew compartmen ts, 
engine 
nacelles, 
cargo 
bays 
and 
dry bays 
and 
fuel tank 
inerting,
 
—in 
military lan d 
vehicles an d 
naval 
vessels for the protection  
of spaces occupied b y 
personnel 
and 
engine 
compartmen ts,
 
—for the mak ing 
inert 
of occupied spaces where flammab le 
liquid and/or 
gas 
release could occur in  
the military an d 
oil, 
gas 
and 
petrochemical sectors, an d 
in 
existing 
cargo 
ships, 
—for the mak ing 
inert 
of existing 
manned 
communication 
and 
command 
centre
s of the armed forces or others, essen tial 
for 
national 
security, 
—for the mak ing 
inert 
of spaces where there may b e 
a risk 
of dispersion  
of radioactive matter, 
—in 
hand-held 
fire extinguishers 
and 
fixed extin guisher 
equipmen t 
for engines 
for use on  
board 
aircraft, 
—in 
fire extinguishers 
essential 
to person al 
safety used for in itial 
extinguishing 
by 
fire brigades,
 
—in 
military an d 
police fire extin guishers 
for use on  
persons.
Use 
of halon 
2402 only 
in 
Bulgaria:
—in 
aircraft for the protection  
of crew compartmen ts, 
engine 
nacelles, 
cargo 
bays 
and 
dry bays, 
and 
fuel tank 
inerting,
 
—in 
military lan d 
vehicles an d 
naval 
vessels for the protection  
of spaces occupied b y 
personnel 
and 
engine 
compartmen ts.Official Journ alof the EuropeanUnion L 286/27
ANNEX VII
DESTRUCTION 
TECHNOLOGIES REF ERRED 
TO IN ARTICLE 22(1)
Applicability
Technology Controlled 
substances
 (1) (2) Dilute sources (3)
Controlled 
substances 
listed 
in 
Annex 
I, 
groups 
I, 
II, 
IV, 
V, VIIIHalons 
listed in 
Annex 
I 
group 
IIIFoam
Destruction  and removal efficien cy 
(DRE)
 (4)99,99 % 99,99 % 95 %
Cement 
kilns Approved
 (5) Not Approved Not applicab le
Liquid 
injection 
incineration Approved Approved Not 
applicable
Gaseous/fume 
oxidation Approved Approved Not applicab le
Municipal 
solid waste in cineration Not 
applicable Not 
applicable Approv
ed
Reactor crack ing Approved Not 
Approved Not applicab le
Rotary 
kiln 
incineration Approved Approved Approved
Argon 
plasma arc Approved Approved Not applicab le
Inductively 
coupled radio frequen cy 
plasmaApproved Approved Not 
applicable
Microwave 
plasma Approved Not Approved Not applicab le
Nitrogen 
plasma arc Approved Not Approved Not applicab le
Gas 
phase catalytic dehalog enation Approved Not 
Approved Not applicab le
Superheated 
steam reactor Approved Not Approved Not applicab le
Notes: 
(1)Controlled substances not listed below shall be destroyed b y the most en v ironmentally acceptable destruction  technology not entailing 
excessive 
costs. 
(2)Concentrated sources refer to virg in, recovered an d reclaimed ozon e-de pleting substances.  
(3)Dilute sources refer to ozon e-depleting substances contained in a matrix of a solid, for example foam. 
(4)The DRE criterion  presents technology capability on which approval of the techn ology is based. It does not always reflect the day-to-day 
performan ce 
achieved, which in  
itself will b e 
controlled 
by 
national 
mini
mum stan dards.
 
(5)Approved b y the Parties.N E 9 0 0 2 . 0 1 . 1 3Official Journ alof the EuropeanUnion 31.10.2009
ANNEX VIII
CORRELATION TABLE
Regulation (EC) No 2037/2000 This Regulation
Article 1 Article 1 an d 2
Article 2 Article 3
Article 3(1) first sub paragraph Article 
4(1)
Article 3(1) secon d 
subparagraph Article 
10(2) and 
(4)
Article 3(2) poin t 
(i) Article 4
Article 3(2) poin t 
(ii) first sub paragraph —
Article 
3(2) point 
(ii) second 
subparagraph Article 
12(3)
Article 3(3) Article 11(1)
Article 3(4) Article 10(6) first sen tence
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) poin t 
(i) Article 5(1)
Article 4(2) poin t 
(ii) —
Article 4(2) poin t 
(iii) first sub paragraph Article 
12(1) and 
(2)
Article 4(2) poin t 
(iii) secon d 
subparagraph Article 
26(1) poin t 
(a)
Article 4(2) poin t 
(iii) third sub paragraph Article 
12(2)
Article 4(2) poin t 
(iv) —
Article 4(3) poin t 
(i) Article 5(1)
Article 4(3) poin t 
(ii) —
Article 4(3) poin t 
(iii) —
Article 4(3) poin t 
(iv) —
Article 4(4) poin t 
(i)(a) Article 9
Article 4(4) poin t 
(i)(b) 
first indent Article 
7(1) and 
Article 8(1)
Article 4(4) poin t 
(i)(b) 
second 
indent Article 
10(1) and 
Article 12(3)
Article 4(4) poin t 
(ii) —
Article 4(4) poin t 
(iii) —
Article 4(4) poin t 
(iv) first sen tence Article 
13(1)
Article 4(4) poin t 
(iv) second 
sentence Article 
27(1)
Article 4(4) poin t 
(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) poin t 
(a) Article 11(2)
Article 5(2) poin t 
(b) Article 
7(1)N E 8 2 / 6 8 2 LOfficial Journ alof the EuropeanUnion L 286/29
Article 5(2) poin t (c) Article 8(1)
Article 5(3) —
Article 5(4) first sen tence Article 
11(8)
Article 5(4) secon d 
sentence —
Article 
5(5) —
Article 5(6) —
Article 5(7) Article 11(8)
Article 6(1) first sen tence Article 
15(3)
Article 6(1) secon d 
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) an d 
(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) an d 
(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 29N E 9 0 0 2 . 0 1 . 1 3
n o i t a l u g e R s i h T 0 0 0 2 / 7 3 0 2 o N ) C E ( n o i t a l u g e ROfficial Journ alof the EuropeanUnion 31.10.2009
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 
VIN E 0 3 / 6 8 2 L
n o i t a l u g e R s i h T 0 0 0 2 / 7 3 0 2 o N ) C E ( n o i t a l u g e R