Notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2023 and undertakings intending to produce or import these substances for essential laboratory and analytical uses in 2023

(2022/C 104/14)

1. This Notice is addressed to undertakings that are concerned by the Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer ( 1 ) (the Regulation) and which intend in 2023: a) to import or export to or from the European Union substances listed in Annex I of the Regulation, or b) to produce or import these substances for essential laboratory and analytical uses in the European Union. The Protocol on Ireland/Northern Ireland (2) provides that Regulation (EC) No 1005/2009 applies to and in the United Kingdom in respect of Northern Ireland. This means that references to the European Union of this notice have to be understood as including Northern Ireland.

2. The following groups of substances are concerned: Group I : CFC 11, 12, 113, 114 or 115 Group II : other fully halogenated CFCs Group III : halon 1211, 1301 or 2402 Group IV : carbon tetrachloride Group V : 1,1,1 trichloroethane Group VI : methyl bromide Group VII : hydrobromofluorocarbons Group VIII : hydrochlorofluorocarbons Group IX : bromochloromethane

3. Any import or export of controlled substances (3) requires a licence by the Commission, except in cases of transit, temporary storage, customs-warehousing or free zone procedure as referred to in Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (4), lasting not longer than 45 days. Any production of controlled substances for essential laboratory and analytical uses requires prior authorisation.

4. Furthermore, the following activities are subject to quantitative limits: a) Production and import for laboratory and analytical uses, b) Import for free circulation in the European Union for critical uses (halons), c) Import for free circulation in the European Union for feedstock uses, d) Import for free circulation in the European Union for process agent uses. The Commission allocates quotas for a), b), c), and d). The quotas are determined on the basis of the quota applications and: — in accordance with Article 10(6) of the Regulation and Commission Regulation (EU) No 537/2011 (5) for the case a) above — in accordance with Article 16 of the Regulation for the cases b), c) and d) above.

For activities listed in paragraph 4

5. Any undertaking that in 2023 wishes to import or produce controlled substances for essential laboratory and analytical uses, or to import controlled substances for critical uses (halons), for feedstock uses, or for process agent uses needs to follow the procedure described in paragraph 6 to 9.

6. The undertaking, which has not yet registered in the ODS Licensing System (https://webgate.ec.europa.eu/ods2) needs to do so before 23 May 2022 .

7. The undertaking needs to complete and submit the quota application form available online in the ODS Licensing System. The quota application form will be available online as of 23 May 2022 in the ODS Licensing System.

8. Only duly completed quota application forms that are free of errors received by 23 June 2022 will be considered as valid by the Commission. Undertakings are encouraged to submit their quota application forms as soon as possible and sufficiently ahead of the deadline to allow for potential corrections and resubmissions before the deadline.

9. The submission of a quota application form by itself does not give any right to import or produce controlled substances for essential laboratory and analytical uses or to import controlled substances for critical uses (halons), for feedstock uses, or for process agent uses. Before such an import or production takes place in 2023, undertakings must apply for a licence using the licence application form available online in the ODS Licensing System.

For import for uses other than those listed in paragraph 4 and for export

10. Any undertaking that in 2023 wishes to export controlled substances or import controlled substances for uses other than those listed in paragraph 4 needs to follow the procedure described in paragraph 11 and 12.

11. The undertaking, which has not yet registered in the ODS Licensing System needs to do so as soon as possible.

12. Before an import for uses other than those listed in paragraph 4 or an export takes place in 2023, undertakings must apply for a licence using the licence application form available online in the ODS Licensing System.

(1) OJ L 286, 31.10.2009, p. 1.

(2) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12020W/TXT#d1e32-102-1

(3) Note that only import or export exempted from the general import and export ban pursuant to Article 15 and 17 may be permitted.

(4) OJ L 145, 4.6.2008, p. 1.

(5) Commission Regulation (EU) No 537/2011 of 1 June 2011 on the mechanism for the allocation of quantities of controlled substances allowed for laboratory and analytical uses in the Union under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer (OJ L 147, 2.6.2011, p. 4).