CELEX: 52022PC0151
Language: en
Date: 2022-04-05
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on substances that deplete the ozone layer and repealing Regulation (EC) No 1005/2009

EUROPEAN
                            COMMISSION
                                                     Strasbourg, 5.4.2022
                                                     COM(2022) 151 final
                                                     2022/0100 (COD)
                                        Proposal for a
     REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   on substances that deplete the ozone layer and repealing Regulation (EC) No 1005/2009
                                  (Text with EEA relevance)
           {SEC(2022) 157 final} - {SWD(2022) 98 final} - {SWD(2022) 99 final} -
                                    {SWD(2022) 100 final}
EN                                                                                       EN
 ---pagebreak---                                     EXPLANATORY MEMORANDUM
   1.        CONTEXT OF THE PROPOSAL
   •         Reasons for and objectives of the proposal
   Problem definition and objectives
   The European Green Deal launched a new growth strategy for the EU that aims to transform
   the EU into a fair and prosperous society with a modern, resource-efficient and competitive
   economy. It reaffirms the Commission’s ambition to increase its climate targets and make
   Europe the first climate-neutral continent by 2050. Furthermore, it aims to protect the health
   and well-being of citizens from environment-related risks and impacts. In response to the
   urgency for climate action, the EU increased its climate ambition through Regulation (EU) No
   2021/1119 (the European Climate Law)1, which was adopted in 2021. The climate law
   establishes a binding net GHG reduction target of at least 55% by 2030 compared to 1990 and
   EU climate neutrality at the latest by 2050. The EU has also enhanced its initial Nationally
   Determined Contribution under the Paris Agreement on Climate Change from at least 40%
   greenhouse gas emissions reductions by 2030, to at least 55% net greenhouse gas emissions
   reductions. Achieving those objectives, and having a chance to keep global average
   temperature within 1.5°C, requires reinforcing all instruments relevant for the decarbonisation
   of EU’s economy;
   Ozone depleting substances (ODS) are human-made chemicals that, after emission, frequently
   reach the upper atmosphere and damage the stratospheric ozone layer which protects the
   earth’s surface from dangerous UV radiation from the sun. This damage results in the so-
   called ‘ozone hole’ with significant adverse impacts on our health and the biosphere and
   which in turn entail high financial costs. Moreover, ODS are also strong greenhouse gases
   with high global warming potentials.
   Due to global action taken against ozone depletion through the adoption of the Montreal
   Protocol on Substances that Deplete the Ozone Layer in 1987 (hereafter: the Protocol), the
   ozone hole is on the way to recovery, provided that compliance with existing measures is
   ensured and any new challenges are swiftly addressed. Furthermore, significant climate-
   related benefits have been achieved, e.g. for the period 1988 to 2010 these benefits were 5-6
   times higher than those achieved during the Kyoto Protocol’s first commitment period 2008-
   2012.2 In 2019 researchers estimated that the Protocol had avoided as much as 1.1 °C
   warming over parts of the Arctic.3
   Thus, it is essential that the EU avoids any backsliding and ensures that its ODS policy is
   aligned with the objectives in the European Green Deal, the Protocol and the Paris
   Agreement.
   Regulation (EC) No 1005/2009 on substances that deplete the ozone layer (ODS Regulation)
   is the main instrument targeting ODS in the EU. Its general objective is to prevent ODS
   emissions and safeguard compliance with the Protocol. The ODS Regulation was submitted
   for a ‘REFIT’ evaluation,4 which concluded that while the Regulation was generally fit for
   1
           OJ L 243, 9.7.2021, p. 1.
   2
           UNEP (2011). A critical link in protecting the climate and the ozone layer.
           https://www.unep.org/resources/report/hfcs-critical-link-protecting-climate-and-ozone-layer.
   3
           Rishav Goyal et al. 2019. Reduction in surface climate change achieved by the 1987 Montreal Protocol.
   4
           Evaluation of Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16
           September 2009 on substances that deplete the ozone layer {SWD(2019) 407 final}
           https://ec.europa.eu/clima/sites/default/files/ozone/docs/swd_2019_406_en.pdf
EN                                                          1                                                    EN
 ---pagebreak---    purpose it could be better aligned with the European Green Deal and its design could be
   slightly improved.
   In this context, the proposal aims to replace the ODS Regulation, while maintaining a strict
   level of control, notably to:
   1.        Align the measures with the European Green Deal by mandating additional emission
             reductions that are feasible at proportionate costs.
   2.        Ensure a more comprehensive monitoring of ODS including of substances that are
             not (yet) controlled.
   3.        Simplify and improve the efficiency of existing rules to reduce the administrative
             costs.
   4.        Improve clarity and coherence with other rules.
   Background
   In response to ozone depletion and to the 'ozone hole’ discovered in the 1980s, the
   international community agreed to take measures under the 1985 Vienna Convention for the
   Protection of the Ozone Layer. The Convention’s Protocol and established a global phase-out
   schedule for production and consumption of nearly 100 ozone depleting substances. The
   Protocol and subsequent decisions of its 197 Parties have created a global legal framework for
   controlling ODS.
   The EU and its Member States are Parties to the Protocol and are bound to the phase-out
   schedules for the different groups of ODS. All phase-out dates for developed countries are
   now in the past.
   Consequently, the ODS Regulation generally prohibits production, trade and use of ODS
   while exempting a few specified uses. Many ODS were phased-out in the Union years ahead
   of the global schedule agreed under the Protocol. The ODS Regulation also goes beyond the
   Protocol by limiting trade and use of products and equipment with ODS. Finally, the ODS
   Regulation covers, in Annex I, the ODS that are controlled under the Protocol and in Annex II
   so-called ‘new substances’ that are not (yet) controlled by the Protocol.
   The ODS Regulation is complemented by Commission Decision (EU) 2010/372 on the use of
   controlled substances as process agents, Commission Regulation (EU) No 1088/2013 on
   import and export licences of products and equipment containing or relying on halons for
   critical uses in aircraft and Commission Regulation (EU) No 291/2011 on essential uses of
   controlled substances other than hydrochlorofluorocarbons for laboratory and analytical
   purposes.
   •         Consistency with existing policy provisions in the policy area
   The proposed Regulation (as well as the current ODS Regulation) has many similarities with
   Regulation (EU) No 517/2014 on fluorinated greenhouse gases5 (F-gas Regulation), which is
   being revised in parallel. These two Regulations must jointly ensure that the Union complies
   with its obligations relating ODS and HFCs under the Protocol. While the two reviews do not
   directly impact each other, they do affect similar stakeholders and sectors, as well as similar
   activities (trade, equipment use etc.) and they use similar control measures, including a trade
   licencing system as required by the Protocol. Both industry and authorities have therefore
   called for their relevant rules to be closely aligned (e.g. regarding custom controls, leakage
   rules, definitions etc.).
   5
            OJ L 150, 20.5.2014, p.195.
EN                                                   2                                             EN
 ---pagebreak---    •         Consistency with other Union policies
   Regulation (EU) No 2021/1119 sets out a binding objective of climate neutrality in the Union
   by 2050 in pursuit of the long-term temperature goal of the Paris Agreement. In order to reach
   the climate-neutrality objective, the European Climate Law also sets the binding EU 2030
   climate target of at least 55 % net greenhouse gas emissions reductions compared to 1990
   levels. Both the 2030 and 2050 targets require alignment of all relevant EU policies. While
   the climate relevance of ODS emissions is not counted towards these targets, any action to
   prevent and further reduce ODS emissions results in additional savings that can contribute to
   reaching the temperature goal under the Paris Agreement.
   Furthermore, there are also close links to waste6 and chemical7 policies, as well as customs
   and market surveillance legislation. The current review seeks to achieve more clarity by
   aligning more closely with these pieces of legislation. Directive 2010/75/EU on industrial
   emissions (IED) and Regulation (EC) No 166/2006 concerning the establishment of a
   European Pollutant Release and Transfer Register (E-PRTR) are also currently under review.
   The latter monitors emissions of ODS, but more granularity on these data would be useful to
   complement the reporting data collected under the Regulation. Under the IED, emission limit
   values are set by the competent authority and should not exceed emission levels associated
   with best available technologies (BAT). A more systematic consideration of ODS as a key
   environmental parameter in the development of BAT reference documents (BREFs) would be
   useful with regards to controlling industrial emissions. Given the relevance of end-of-life
   emissions from insulation foams containing ODS, there are strong synergies with objectives
   of the circular economy and EU waste policies. The targeted 2023 revision of the Waste
   Framework Directive on which the impact assessment work has begun is a good opportunity
   to reinforce these links to the ODS Regulation.
   2.        LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
   •         Legal basis
   This proposal is based on Article 192(1) of the Treaty on the Functioning of the European
   Union, in line with the objective to preserve, protect and improve the quality of the
   environment; protect human health; and to promote measures at international level to deal
   with climate change.
   •         Subsidiarity
   The proposal complements EU legislation that has existed at EU level since 2000 and it
   clearly complies with the subsidiarity principle for the following reasons:
   Firstly, protecting the climate system is a cross-border issue. Individual member states cannot
   solve the problems alone. The scale of the problem demands EU‑wide action as well as action
   worldwide.
   The ODS Regulation prohibits the production, placing on the market and further supply,
   import, export and use of controlled substances and products and equipment using those
   substances. It is therefore relevant to the functioning of the internal market. For the
   6
            E.g. Regulation (EC) No 1013/2006 on transboundary waste shipments, the Waste Electrical and
            Electronic Equipment Directive 2012/19/EU and the Waste Framework Directive (Directive
            2008/98/EC).
   7
            E.g. REACH (Regulation (EC) Nr 1907/2006), the Industrial Emissions Directive (IED: Directive
            2010/75/EU) and the European Pollutant Release and Transfer Register (ePRTR) Regulation (EC) No
            166/2006.
EN                                                     3                                                    EN
 ---pagebreak---    functioning of the EU internal market and the free movement of goods, it is highly preferably
   if such measures are taken at EU level.
   The Protocol considers the EU as a regional economic integration organisation (REIO) and
   the EU must therefore comply with the Protocol’s obligations at Union level (e.g. reporting,
   licensing system, consumption phase-down). This requires relevant legislation at the same
   level; it would be very difficult if not infeasible to achieve compliance through 27 different
   national systems.
   •         Proportionality
   The proposal complies with the proportionality principle. The measures are based on a
   thorough assessment of their cost-effectiveness.
   In general terms, the proposal mainly improves certain aspects of the ODS Regulation. Where
   further restrictions are proposed (i.e. recovery obligations) the proposal ensures that
   technically and economically feasible alternatives are available. If under particular
   circumstances this is not the case, it allows derogations to be granted.
   Modifications on reporting are minor and should not entail any significant costs on
   undertakings. On the other hand certain modifications result in costs savings and prevent
   unnecessary administrative burden for undertakings and national competent authorities (for
   example removal of the quota allocation system).
   No detailed provisions are proposed in areas where the objectives might be better achieved by
   action in other policy areas, for example by legislation on waste or labelling. This is to avoid
   overlaps that might lead to the unclear allocation of responsibilities, creating an additional
   burden for public authorities and companies.
   •         Choice of the instrument
   The legal instrument chosen is a Regulation since the proposal aims to replace and improve
   the ODS Regulation while maintaining its general structure on control measures (prohibitions,
   exemptions and derogations, reporting). The ODS Regulation has proven to be effective and
   fit for purpose. Since the proposal includes several adaptations as well as amendments to the
   structure of the ODS Regulation, the ODS Regulation should be repealed and replaced with a
   new Regulation to ensure legal clarity. Any major changes (i.e. repeal, or turning it into a
   Directive) would unduly burden Member States and create additional uncertainty for the
   undertakings active in this sector.
   3.        RESULTS            OF        EX-POST             EVALUATIONS,               STAKEHOLDER
             CONSULTATIONS AND IMPACT ASSESSMENTS
   •         Ex-post evaluations/fitness checks of existing legislation
   On 26 November 2019, the Commission published its evaluation report 8 on the
   implementation of the ODS Regulation in line with the 'Better regulation' requirements. The
   Regulatory Scrutiny Board acknowledged that the evaluation findings were well substantiated
   but advised to better describe (i) the contribution of the current Regulation on top of previous
   achievements, (ii) the EU’s global role in this area and (iii) the need for continued high
   ambition, in particular as related to climate action. The Board also suggested to make the text
   more reader-friendly to the non-expert. With these suggestions in mind, the evaluation text
   was re-written in the relevant parts.
   8
            Evaluation of Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16
            September 2009 on substances that deplete the ozone layer {SWD(2019) 407 final}
EN                                                        4                                                EN
 ---pagebreak---    The evaluation found that the ODS Regulation ensures compliance with the Protocol and
   positively influences third countries to do likewise. It has safeguarded a high environmental
   ambition by eliminating the vast majority of past ODS uses, while also ensuring a level
   playing field for concerned industries and undertakings among Member States. Thus, the
   evaluation concluded that most of the obligations and measures of the current Regulation are
   fit for purpose and should therefore remain in place.
   However, the evaluation further recognises that its measures are not fully aligned with the
   European Green Deal and that further emission reductions would be possible at proportionate
   costs. In particular, a significant amount of ozone layer and climate relevant emissions could
   be saved at relatively low costs if ODS in certain building materials that contain foams blown
   with ODS, were being systematically recovered and destroyed or reused. In addition, some
   measures could be more efficient or even abolished, as they have effectively become obsolete
   in the present situation, where ODS uses have become generally prohibited. This would allow
   avoiding partially redundant administrative costs. In addition, certain gaps in the monitoring
   were observed. Finally, some of the rules were found to be slightly incoherent with other EU
   legislation. This includes, inter alia, customs legislation and border checking obligations.
   Similarly, there is some scope for simplification, improvement and clarifications as regards
   the coherence of the Regulation.
   •          Stakeholder consultations
   The Commission carried out a broad consultation with stakeholders, including a public online
   consultation from 13 July 2020 to 9 November 20209. A targeted stakeholder consultation
   involving 42 stakeholders was also organised, tailored to ODS businesses, NGOs and
   competent authorities. Finally, an online stakeholder workshop was held on 26 February 2021
   to present the preliminary results of the impact assessment and ask for stakeholder input on
   existing data gaps 66 stakeholders participated.
   Overall, stakeholders agreed that the ODS Regulation remains a successful tool to address
   ozone depletion and it is important to safeguard the progress made.
   Almost all respondents in the public consultation agreed that there is a need for further
   reduction of emissions from foams at their end of life. Member States authorities and business
   confirmed the considerable positive environmental impact of such an option. Some Member
   State authorities raised concerns regarding the costs for the proper treatment of the waste.
   Moreover, the simplification of the licencing system in light of the European Single Window
   Environment for Customs10 as well as strengthening measures for the prevention of illegal
   activities were overall considered as important objectives by stakeholders. All businesses
   (including any laboratory users that responded) and public authorities agreed on the option to
   simplify registration for laboratory use. Furthermore, all industry respondents and most public
   authorities found it important to abolish the quota system. In addition, the aviation industry
   highlighted the infeasibility of one halon prohibition, which was confirmed by authorities.
   All non-business stakeholder groups in the public consultation placed high importance on
   additional reporting measures, whereas businesses were divided on this issue.
   Many of the suggestions to ensure better coherence and clarification were provided by
   stakeholders in the context of the evaluation and in the context of the consultation activities
   9
            https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12310-Ozone-layer-protection-
            revision-of-EU-rules/public-consultation_en
   10
            Commission proposal for a Regulation establishing the European Union Single Window Environment
            for Customs and amending Regulation (EU) No 952/2013 of 28 October 2020 COM(2020) 673 final.
EN                                                          5                                                       EN
 ---pagebreak---    for this review. Two thirds of the respondents to the public consultation highlighted the
   importance of ensuring a clearer and more accessible legal text of the Regulation.
   The consultations therefore were fully considered in developing the proposal, in particular
   regarding the design of the policy measures considered and their potential impacts.
   •         Collection and use of expertise
   The Commission has gathered extensive technical advice from a number of expert studies11
   including a comprehensive preparatory study for the review of the Regulation. The industry
   sector, Member States authorities and civil society were asked to provide input and technical
   support for the preparation of the study.
   •         Impact assessment
   The Commission carried out an impact assessment. Three policy options, covering different
   policy measures, were examined in terms of their effectiveness in achieving the objectives
   sought as well as their environmental, economic and social impacts. For each review
   objective, a series of measures were identified. The measures, which are complementary and
   not mutually exclusive, were grouped into three policy options on the basis of their expected
   (abatement) costs:
            Option 1: includes measures resulting in cost savings or very low costs only. It
             focuses mainly on simplifications and better coherence and clarifications, but
             includes also one additional very cost-efficient measure to reduce emissions,
             requiring recovery of ODS-containing foams in metal-faced panels.
            Option 2 (the preferred option): the same as Option 1, but also includes additional
             measures that are expected to generate some costs, notably measures targeting
             emission reductions, e.g. by enlarging the scope of ODS containing foams for which
             recovery is required, as well as more comprehensive monitoring and control.
            Option 3 includes all measures assessed including those with high (abatement) costs.
   The baseline, against which policy options were assessed, assumes that the ODS Regulation
   and implementing acts are fully implemented without any changes. Option 1, is the low-cost
   option. It would save a relevant amount of emissions compared to baseline and achieve costs
   savings for business and authorities. Option 2 almost doubles the additional emission savings
   at moderate abatement costs. The additional costs largely relate to foam recovery for building
   owners. These costs will, however, be spread over many years and a high number of
   persons/entities. The overall emission savings of Option 3 are only very marginally higher
   than Option 2, while the additional measures included in Option 3 would likely lead to very
   high costs to undertakings and may have considerable detrimental effects on employment. All
   changes related to better coherence and clarity are included in all three options.
   On the basis of the assessment it is concluded that Option 2 includes the preferred package of
   measures. It achieves significantly more emission savings than Option 1 and is therefore more
   coherent with the European Green Deal. Moreover, the abatement costs for Option 2 are very
   reasonable compared to the forecasted costs in the EU long-term strategy needed to reach
   climate neutrality. On the other hand, Option 3 would add considerable costs at only
   incremental savings and potential environmental benefits would be uncertain.
   The preferred option is thus characterised as follows:
   11
           Main studies are: Ramboll (2019). Support study for the evaluation of Regulation (EC) No 1005/2009
           on substances that deplete the ozone layer, SKN Enviros (2012), Further Assessment of Policy Options
           for the Management and Destruction of Banks of ODS and F-Gases in the EU. Final Report.
EN                                                       6                                                      EN
 ---pagebreak---             The main measure to avoid further emissions is an explicit requirement to recover
             certain types of ODS foams12 from construction and demolition waste and destroy or
             reuse the ODS contained therein; it is estimated to save about 180 million CO2
             equivalents until 2050;
            It will be prohibited to destroy halons in order to preserve non-virgin stocks for
             exempted critical uses and thereby, prevent that a restart of new halon production for
             such uses would become necessary;
            All measures meant to reduce the burden on companies and authorities and/or
             improving the controls in place are included;
            All measures to improve monitoring are included;
            All measures to improve coherence and clarifications are included.
   The initiative contributes to the Sustainable Development Goals, most prominently to “fight
   climate change”, but also “health and well-being”, “life on land” and “sustainable production
   and consumption”. It responds to the “digital by default” principle by modernising the
   licensing system and exploiting fully the opportunities of the Single Environment for Customs
   initiative by electronically linking custom offices on the Member States to the EC-central
   ODS licensing system. It is also fully in line with the “do no significant harm” principle as it
   will further strengthen the controls on ODS and reduce ozone- and climate-relevant
   emissions.
   The Regulatory Scrutiny Board gave a positive opinion but recommended to provide more
   clarity on the description of the measures and their assessed impacts. The impact assessment
   was updated to address these issues, in particular regarding the main emission savings
   measure of insulation foam recovery and destruction.
   •         Regulatory fitness and simplification
   A significant focus of the proposal is on increasing efficiency of the existing measures, rather
   than creating new ones, given that this is a regulation that has already been evolving over
   three decades in response to obligations under the Protocol, new developments and changes in
   technologies.
   The proposal is expected to deliver a number of simplification benefits to business. In
   particular, the abolishment of the registration requirements for laboratory uses will result in
   cost savings for companies as it will decrease the administrative burden on the 2,211
   laboratories registered in 2020, often SMEs. Moreover, abolishing the annual quota allocation
   system also reduces administrative costs for undertakings that have to apply for such quota on
   a yearly basis. Finally, business applying for longer-term licences instead of per-shipment
   licences will reduce administrative costs.
   The registration and issuing of licenses referred to in this proposal will be implemented
   through the existing ODS licensing system. An adaptation is required for its interconnection
   with the national customs authorities systems via the EU Single Window Environment for
   Customs. Through this interconnection, the validity of licences will be automatically checked
   at customs for every single shipment. Until the latter electronic system is operable in all
   Member States, the current licensing system will continue.
   12
            Metal-faced panels, as well as laminated boards when feasible with burden of proof on
            owner/contractor
EN                                                  7                                               EN
 ---pagebreak---    In total, the cost savings achievable are up to €180,000 per year for industry (plus non-
   recurrent savings of €36.000), and 254 person days per year for authorities in addition to a
   non-recurrent saving of 440 person days and yearly IT costs savings of €31,500.
   •         Fundamental rights
   The proposed rules of this initiative ensure the full respect of the rights and principles set out
   in the Charter of Fundamental Rights of the European Union.
   4.        BUDGETARY IMPLICATIONS
   The proposal has no incremental implications to the budget of the European Union.
   5.        OTHER ELEMENTS
   •         Implementation plans and monitoring, evaluation and reporting arrangements
   Future monitoring and evaluation of the ODS Regulation can rely on companies’ reporting
   data that is collected and aggregated by the European Environment Agency each year. In
   addition, Member States reporting pursuant to Art. 26 allows to (i) monitor the availability of
   halon stocks to satisfy the remaining critical uses, and to (ii) report on illegal trade activities
   which may give an indication of the success of aligning with custom rules and improving
   controls, including through modernising the licensing system. Efficiency improvements will
   be monitored by the amount of resources still needed for the implementation of the system on
   the Commission side, as well as the numbers of (traders) licenses that companies would still
   require.
   The enforcement of the recovery of foam banks would be in the hands of the Member State
   authorities. There are synergies with national waste regulations that may already monitor the
   presence of hazardous substances such as ODS in demolition wastes, that would allow to
   better ensure that ODS are indeed recovered for destruction.
   The Commission will monitor the implementation of the proposed measures. In this context,
   the Commission will cooperate closely with national authorities e.g. the national experts on
   ozone depleting substances, customs authorities and market surveillance authorities. The
   committee referred to in the proposal will assist the Commission in its work and will discuss
   questions on the harmonised implementation of the proposed rules where appropriate. The
   development of the relevant case-law of the Court of Justice of the European Union will also
   be monitored.
   The impacts of the Regulation should be evaluated regularly; the first report should be
   published by 2033. In this context, an expert study would be needed to estimate the progress
   made on foam banks. The evaluation should also examine the developments in administrative
   costs.
   •         Detailed explanation of the specific provisions of the proposal
   The proposal maintains the current control system envisaged under the ODS Regulation,
   namely the general prohibitions on production, use and trade of ODS and products and
   equipment using ODS, and the applicable exemptions on a few uses where alternatives are not
   yet available (feedstock, process agents, essential analytical and laboratory uses). Following
   the phase-out of ODS for almost all uses, certain rules have not been retained since they are
   no longer necessary: this concerns in particular the system of allocating quota for the import
   and use of exempted substances and the registration requirement for ODS laboratory and
   analytical uses. Moreover, the proposal ensures the necessary alignments with more recent
   EU legislation, in particular Regulation (EU) No 517/2014 on fluorinated greenhouse gases
EN                                                 8                                                   EN
 ---pagebreak---    and the Commission proposal reviewing that Regulation (in terms of definitions, provisions
   on penalties and controls by customs authorities). Regulation (EU) No 952/2013 laying down
   the Union Customs Code, as well as with decisions of the Parties to the Protocol.
   Obsolete exemptions to prohibitions have been removed for legal clarity purposes and to
   avoid illegal trade. The structure of the ODS Regulation has been slightly amended to
   increase coherence.
   Chapter I
   The proposal lays out the subject matter, scope and applicable definitions of the Regulation. A
   number of definitions set out in the ODS Regulation have been deleted for reasons of legal
   clarity or because they became obsolete.
   Chapter II
   The proposal sets out the general prohibitions on the production, import, placing on the
   market, use, and trade of ODS.
   Chapter III
   The proposal sets out the exemptions from the prohibitions stated under Chapter I (Article 6-
   14) and includes conditions for those exemptions (Article 15).
   To ensure consistency with Regulation (EU) No 517/2014, importers and producers must
   provide evidence of destruction or recovery for subsequent use of trifluoromethane produced
   as a by-product in the production of ODS. The proposal also clarifies that, in general, the
   entry in the territory of non-refillable containers is prohibited, thus under any customs
   procedures.
   Chapter IV
   The proposal modernises the licensing system set out in the ODS Regulation to take into
   account its interconnection with the European Single Window Environment for Customs,
   which will allow for automatic customs controls per shipment. In this setup, importers and
   exporters of ozone depleting substances and products using such substances will only need to
   apply for ‘traders’ licenses, instead of per shipment licenses, since the European Single
   Window Environment for Customs, envisaged under the Commission proposal adopted on 28
   October 2020, enables real-time checks on each shipment automatically. The proposal also
   clarifies the role of customs authorities and, where relevant, of market surveillance
   authorities, in implementing the prohibitions and restrictions set out in the proposed
   Regulation and strengthens their powers to prevent illegal trade of ODS. The obligations of
   economic operators have also been clarified and adapted in view of enabling the correct
   operation of the European Single Window Environment for Customs.13
   As required under the Protocol, the proposal retains the trade ban with non-Parties to that
   Protocol.
   Chapter V
   To ensure the maximum emissions savings, at proportionate costs, it is proposed to make the
   recovery of ODS contained in certain types of foams used as isolation materials in building,
   from construction and demolition waste obligatory, as well as the destruction of the ODS
   contained therein via approved technologies (or, alternatively, reuse of the foam). The
   destruction of halons is prohibited under the proposal to ensure that, where possible, it is
   recovered and re-used thereby preventing the need for future production of halon for critical
   13
           COM(2020) 673 final.
EN                                                9                                                EN
 ---pagebreak---    uses. The leakage obligations set out the ODS Regulation have been simplified taking into
   account the prohibition to use ODS to refill products and equipment except for the use of
   halons in fire protection systems for critical uses.
   Chapter VI
   The proposal introduces reporting obligations for Member States and for undertakings (the
   latter is an obligation under the Protocol). In order to complete monitoring, the reporting
   obligations for undertakings of ‘new substances’ in Annex II have been aligned with those
   applicable for substances in Annex I. Reporting obligations have also been extended in
   relation to emissions and sales in the Union. The proposal also adds three new substances to
   ensure proper monitoring of their production, trade and use. The global warming potential of
   ODS has also been added to the annexes in order to increase awareness of the climate impacts
   of ODS.
   Chapter VII
   The proposal specifies the cases where exchange of information and cooperation with
   competent authorities within a Member State, as well as amongst Member States and with
   competent authorities of third countries is required.
   The proposal also establishes the obligation for competent authorities to check on the
   compliance of undertakings with the Regulation on a risk basis and where concrete evidence
   are available.
   Chapter VIII
   Finally, the proposal establishes that the level and type of administrative penalties for
   infringements of the Regulation must be effective, dissuasive and proportionate and shall also
   take into account relevant criteria (such as the nature and gravity of the infringement). In
   particular, it proposes an administrative fine to be imposed in cases of illegal production, use
   or trade of ODS or of the products and equipment covered under this Regulation. The
   proposed provisions are aligned, and compliment the Commission Proposal for a Directive of
   the European Parliament and of the Council on the protection of the environment through
   criminal penalties adopted on 15 December 202114.
   14
            COM(2021) 851 final.
EN                                                  10                                              EN
 ---pagebreak---                                                                2022/0100 (COD)
                                                  Proposal for a
       REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
    on substances that deplete the ozone layer and repealing Regulation (EC) No 1005/2009
                                          (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular
   Article 192(1) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee15,
   Having regard to the opinion of the Committee of the Regions16,
   Acting in accordance with the ordinary legislative procedure,
   Whereas:
   (1)     The European Green Deal launched a new growth strategy for the Union that aims to
           transform the Union into a fair and prosperous society with a modern, resource-
           efficient and competitive economy. It reaffirms the Commission’s ambition to increase
           its climate targets and make Europe the first climate-neutral continent by 2050 and
           aims to protect the health and well-being of citizens from environment-related risks
           and impacts. Furthermore, the Union is committed to the 2030 Agenda for Sustainable
           Development and its Sustainable Development Goals.
   (2)     The ozone layer protects humans and other living beings from harmful ultra-violet
           (UV) radiation from the sun. It is scientifically well established that continuous
           emissions of ozone depleting substances cause significant damage to the ozone layer,
           leading to significant adverse impacts on human health and ecosystems, the biosphere
           as well as to large economic implications if left unaddressed.
   (3)     Pursuant to Council Decision 88/540/EEC17, the Union became a Party to the 1985
           Vienna Convention for the Protection of the Ozone Layer and to its Montreal Protocol
           on Substances that Deplete the Ozone Layer (‘the Protocol’) adopted in 1987. The
           Protocol and subsequent decisions of its Parties constitute a set of globally binding
           control measures to address ozone depletion.
   15
           OJ C [...], [...], p. [...]
   16
           OJ C [...], [...], p. [...]
   17
           Council Decision 88/540/EEC of 14 October 1988 concerning the conclusion of the Vienna Convention
           for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone
           layer (OJ L 297, 31.10.1988, p. 8).
EN                                                      11                                                      EN
 ---pagebreak---    (4)  Regulation (EC) No 1005/2009 of the European Parliament and of the Council18
        ensures, inter alia, that the Union complies with the Protocol. The Commission in its
        evaluation of Regulation (EC) No 1005/200919 concluded that the control measures
        established under that Regulation remain, in general, fit-for-purpose.
   (5)  There is clear evidence of a decrease in the atmospheric burden of ozone depleting
        substances and of stratospheric ozone recovery. However, the recovery of the ozone
        layer to the concentrations level existing before 1980 is not projected to take place
        before the middle of the 21st century. Therefore, increased UV-radiation persists as a
        significant threat to health and the environment. Avoiding the risk of further delays in
        the recovery of the ozone layer remains dependent on ensuring that existing
        obligations are fully implemented, as well as that the necessary measures are in place
        to address any upcoming challenges swiftly and effectively.
   (6)  Most ozone depleting substances also have high global warming potential and are
        contributory factors towards increasing the temperature of the planet. Considering the
        significant findings of the Intergovernmental Panel on Climate Change (IPCC) Special
        Report,20 this Regulation should ensure that all feasible efforts are taken to reduce
        emissions of ozone depleting substances. Reducing emissions contributes to reaching
        the objective of the Paris Agreement adopted under the United Nations Framework
        Convention on Climate Change21 of ‘keeping a global temperature rise in this century
        well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit
        the temperature increase even further to 1.5 degrees Celsius’.
   (7)  In order to increase awareness on the global warming potential of ozone depleting
        substances, in addition to the ozone depleting potential of the substances, their
        respective global warming potential should also be listed in this Regulation.
   (8)  Regulation (EC) No 1005/2009 and previous Union legislation, established more
        stringent control measures than required under the Protocol, requiring more restrictive
        rules on import and export.
   (9)  Under Regulation (EC) No 1005/2009, the production and placing on the market of
        ozone depleting substances has been phased-out for almost all uses. The placing on the
        market of products and equipment containing or relying on ozone depleting substances
        has also been prohibited except for certain cases where the use of such substances is
        still allowed. Even after the phase-out of ozone depleting substances, under certain
        conditions, it is necessary to continue to allow for exemptions for certain uses, where
        alternatives are not yet available.
   (10) Taking into account the small quantities of ozone depleting substances actually used
        for essential laboratory and analytical uses, a proportionate control measure needs to
        be established in this respect. The registration obligation under Regulation (EC) No
        1005/2009 should be replaced with the requirement to retain records in order to allow
        controlling unlawful use and monitoring of developments of alternatives.
   18
        Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009
        on substances that deplete the ozone layer (OJ L 286, 16.09.2009, p.1).
   19
        Evaluation of Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16
        September 2009 on substances that deplete the ozone layer, SWD(2019) 407 final of 26 November
        2019.
   20
        IPCC Special Report. Global warming of 1.5 C (August 2021).
   21
        OJ L 282, 19.10.2016, p. 4.
EN                                                    12                                                EN
 ---pagebreak---    (11) The placing on the market and use of halons should only be allowed for critical uses,
        which should be determined taking into account the availability of alternative
        substances or technologies and developments of international standards.
   (12) Halons Technical Options Committee (HTOC) established under the Protocol
        indicated that non-virgin halon stocks for critical uses might not be sufficient to meet
        the needs from 2030 onwards at global level. To avoid that new production of halons
        become necessary to meet future needs, it is important to take measures to increase the
        availability of stocks of halon recovered from equipment.
   (13) Under Regulation (EC) No 1005/2009, the exemption for critical uses of methyl
        bromide (for quarantine and pre-shipment purposes) ceased on 18 March 2010. The
        possibility to grant a derogation in emergency situations should, however, remain
        available, namely in the event of unexpected pests or disease outbreaks where such
        emergency use is to be permitted under Regulation (EC) No 1107/2009 of the
        European Parliament and of the Council22 and Regulation (EU) No 528/2012 of the
        European Parliament and of the Council23.
   (14) Restrictions set out in this Regulation regarding products and equipment containing
        ozone depleting substances should also cover products and equipment relying on those
        substances in order to prevent circumventions of those restrictions.
   (15) It is important to ensure that ozone depleting substances are allowed to be placed on
        the market for the purpose of reclamation in the Union. Ozone depleting substances
        and the products and equipment containing those substances or whose functioning
        relies upon those substances should also be allowed to be placed on the market for the
        purpose of destruction by technologies approved by the Parties or by technologies not
        yet approved but that are environmentally equivalent.
   (16) Non-refillable containers for ozone depleting substances, should be banned,
        considering that an amount of substance inevitably remains in these containers when
        emptied, which is then released into the atmosphere. In this respect, it is necessary to
        prohibit their import, placing on the market, subsequent supply or making available on
        the market, use, except for laboratory and analytical uses, and their export.
   (17) Regulation (EC) No 1272/2008 of the European Parliament and of the
        Council24 provides for the labelling of substances classified as ozone depleting
        substances and the labelling of mixtures containing such substances. As it is allowed
        to release for free circulation in the Union market ozone depleting substances
        produced for feedstock, process agent, laboratory and analytical uses, those substances
        should be distinguished from substances that are produced for other uses.
   (18) The export of products and equipment containing hydrochlorofluorocarbons may be
        exceptionally permitted in cases where it may be more beneficial to allow these
        products and equipment to end their natural life cycle in a third country than to be
        decommissioned and disposed of in the Union.
   (19) Given that the production process for some ozone depleting substances can result in
        emissions of the fluorinated greenhouse gas produced trifluoromethane as a by-
   22
        Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009
        concerning the placing of plant protection products on the market (OJ L 309, 24.11.2009, p. 1).
   23
        Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012
        concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).
   24
        Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on
        classification, labelling and packaging of substances and mixtures (OJ L 353, 31.12.2008, p. 1).
EN                                                     13                                                       EN
 ---pagebreak---         product, such by-product emissions should be destroyed or recovered for subsequent
        use as a condition for the placing the ozone depleting substance on the market.
        Producers and importers should also be required to document measures adopted to
        prevent emissions of trifluoromethane during the production process.
   (20) To avoid illegal trade of prohibited substances and products covered under this
        Regulation, the prohibitions established therein as well as the licensing requirements
        for trade should not only cover the entry of goods into the customs territory for release
        for free circulation in the Union, but also temporary storage and all other customs
        procedures established under Union customs law. Licensing facilitations should be
        allowed for goods under temporary storage, in order to avoid unnecessary burden on
        operators and customs authorities.
   (21) The licensing system on imports and exports of ozone depleting substances is an
        essential requirement under the Protocol for monitoring trade and preventing illegal
        activities in this respect. In order to ensure automatic, real-time, customs controls, at
        shipment level as well as an electronic exchange and storing of information on all
        shipments of substances and products and equipment covered by this Regulation
        presented to customs it is necessary to interconnect the electronic licensing system for
        ozone depleting substances with the European Union Single Window Environment for
        Customs established by Regulation (EU) No …/… of the European Parliament and of
        the Council [full reference to be inserted once that Regulation has been adopted].25
        Given this interconnection with the European Single Windows Environment for
        Customs it is disproportionate to provide for a shipment licencing system in the Union.
   (22) In order to facilitate customs controls, it is important to specify the information to be
        submitted to customs authorities in cases of imports and exports of the substances and
        products covered by this Regulation, as well as the tasks for customs authorities, and
        market surveillance authorities where relevant, when implementing the prohibitions
        and restrictions to imports and exports of those substances and the products and
        equipment covered by this Regulation.
   (23) To ensure that substances as well as products and equipment covered by this
        Regulation that have been imported illegally in the Union market does not re-enter the
        market, competent authorities should confiscate or seize these products for disposal.
        Re-export of products not compliant with this Regulation should be prohibited in any
        event.
   (24) Member States should ensure that customs authorities carrying out controls under this
        Regulation have the appropriate resources and knowledge, for example via training
        made available to them, and are sufficiently equipped in view of addressing cases of
        illegal trade in the substances and products and equipment covered by this Regulation.
        Member States should designate those customs offices that meet those conditions and
        are therefore mandated to carry out customs controls on imports, exports and in cases
        of transit.
   (25) Cooperation and exchange of the necessary information between all competent
        authorities involved in the implementation of this Regulation, namely customs
        authorities, market surveillance authorities, environmental authorities and any other
        competent authorities with inspection functions, amongst Member States and with the
   25
        Regulation (EU) No …/… of the European Parliament and of the Council establishing the European
        Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 OJ C , ,
        p. [full reference to be added once that Regulation is adopted].
EN                                                    14                                               EN
 ---pagebreak---         Commission, is extremely important for tackling infringements of this Regulation,
        notably illegal trade. Due to the confidential nature of the exchange of customs risk-
        related information, the Customs Risk Management System should be used for that
        purpose.
   (26) In carrying out the tasks assigned to it by this Regulation, and in view of promoting
        cooperation and adequate exchange of information between competent authorities and
        the Commission in cases of compliance checks and illegal trade in ozone depleting
        substances, the Commission should be assisted by the European Anti-Fraud Office,
        (OLAF). OLAF should have access to all necessary information to facilitate the
        performance of its tasks.
   (27) In order to ensure compliance with the Protocol the import and export of ozone
        depleting substances as well as products and equipment containing those substances or
        relying on those substances from and to a State not party to the Protocol should be
        prohibited.
   (28) The intentional release of ozone depleting substances into the atmosphere, where such
        release is unlawful, is a serious infringement of this Regulation and should be
        explicitly prohibited. All feasible measures should be taken by undertakings to reduce
        the unintentional release of ozone depleting substances into the atmosphere also
        considering their global warming potential. Thus, it is necessary to lay down
        provisions on the recovery of used ozone depleting substances from products and
        equipment and the prevention of leakages of such substances. Recovery obligations
        should also be extended to building owners and contractors when removing certain
        foams from buildings to maximise emissions reductions.
   (29) It is necessary to lay down rules on new ozone depleting substances not yet covered by
        the Protocol (listed in Annex II), considering the quantities produced and used in the
        Union as well as the effect on stratospheric ozone from emissions of these substances.
   (30) Member States should report on cases of illegal trade detected by competent
        authorities to the Commission including on the penalties issued.
   (31) The use of halons should only be allowed for critical uses established in this
        Regulation. Member States should report on the quantities of halons installed, used or
        stored from critical uses, as well as on containment measures to reduce emissions from
        these substances and on progress made in identifying alternatives. This information is
        needed for knowing the halon quantities still available in the Union for critical uses, as
        well as for monitoring technological progress in this area which will signal that for
        certain uses, halon is no longer necessary.
   (32) The Protocol requires reporting on trade in ozone depleting substances. Producers,
        importers and exporters of ozone depleting substances should therefore report annually
        on trade in ozone depleting substances. Trade in ozone depleting substances not yet
        covered by the Protocol (listed in Annex II), should also be reported in order to be able
        to assess the need to extend some or all of the control measures applicable for the
        substances listed in Annex I to also cover those substances.
   (33) Competent authorities of the Member States, including their environmental authorities,
        market surveillance and customs authorities, should carry out checks, taking a risk-
        based approach in order to ensure compliance with all provisions of this Regulation.
        Such approach is necessary in order to target the activities representing the highest risk
        of illegal trade or unlawful release of ozone depleting substances into the atmosphere.
        In addition, competent authorities should carry out checks when in possession of
EN                                               15                                                EN
 ---pagebreak---         evidence or other relevant information on potential cases of non-compliance. Where
        relevant and, to the extent possible, such information should be communicated to
        customs authorities in order to proceed to a risk analysis prior to controls, in
        accordance with Article 47 of Regulation (EU) No 952/2013 of the European
        Parliament and of the Council26. It is important to ensure that competent authorities
        responsible for issuing penalties are informed of cases of infringements of this
        Regulation in order to be able to issue the appropriate penalty where needed.
   (34) Member States should lay down rules on penalties applicable to infringements of the
        provisions of this Regulation and ensure that they are implemented. Those penalties
        should be effective, proportionate and dissuasive.
   (35) It is also necessary to provide for administrative penalties of such a level and type that
        truly deter violations of this Regulations.
   (36) Serious infringements of this Regulation should also be prosecuted under criminal law,
        in accordance with Directive 2008/99/EC of the European Parliament and of the
        Council27.
   (37) In order to ensure uniform conditions for the implementation of this Regulation,
        implementing powers should be conferred on the Commission as regards to the
        establishment of a list of undertakings that may use ozone depleting substances as
        process agents as well as the maximum quantities to be used for make-up or for
        consumption, and maximum emission levels for each undertaking; the determination
        of essential and analytical uses for which production and import is permitted within a
        certain period and the specification of authorised users, the granting of derogations
        from the end-dates and cut-off dates established in relation to critical uses of halons;
        the authorisation of the temporary production, placing on the market, further supply
        and use of methyl bromide in emergency cases; the authorisation of the export of
        products and equipment containing hydrochlorofluorocarbons; the detailed
        arrangements for the declaration of conformity for pre-charged equipment and
        verification; the evidence to be provided on the destruction or recovery of
        trifluoromethane by production during the manufacturing of ozone depleting
        substances; the form and content of labelling requirements; the authorisation of trade
        with entities not covered by the Protocol; and the format for the submission of
        information by Member States on critical uses of halons and illegal trade, as well as
        the format and means of the information to be reported by undertakings in particular
        on production, import, export, feedstock uses and destruction. Those powers should be
        exercised in accordance with Regulation (EU) No 182/2011 of the European
        Parliament and of the Council28
   (38) In order to amend certain non-essential elements of this Regulation, the power to adopt
        acts in accordance with Article 290 of the Treaty on the Functioning of the European
        Union (‘TFEU’) should be delegated to the Commission as regards the processes for
        which ozone depleting substances may be used as process agents, and the maximum
        amount permitted for such uses including their emissions in the Union, the conditions
        for the placing on the market and further distribution of ozone depleting substances for
   26
        Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down
        the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
   27
        Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the
        protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
   28
        Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011
        laying down the rules and general principles concerning mechanisms for control by the Member States
        of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p.13).
EN                                                   16                                                         EN
 ---pagebreak---         essential laboratory and analytical uses, the timeframes established in Annex V for
        critical uses of halons, the functioning of the licensing system for ozone depleting
        substances, additional measures for the monitoring of substances and of products and
        equipment placed under temporary storage and customs procedures, the rules
        applicable to the release for free circulation of products and equipment imported from
        or exported to any entity not covered by the Protocol; the establishment of a list of
        products and equipment for which the recovery of ozone depleting substances and
        their destruction is technically and economically feasible, and the specification of the
        technologies to be applied; amendments of Annexes I and II listing ozone depleting
        substances; the update of global warming and ozone depleting potentials of listed
        substances; the reporting requirements for Member States on critical uses of halons
        and illegal trade and the reporting requirements by undertakings in particular on
        production, import, export, feedstock uses and destruction. It is of particular
        importance that the Commission carry out appropriate consultations during its
        preparatory work, including at expert level, and that those consultations be
        conducted in accordance with the principles laid down in the Inter-institutional
        Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure
        equal participation in the preparation of delegated acts, the European
        Parliament and the Council receive all documents at the same time as
        Member States' experts, and their experts systematically have access to
        meetings of Commission expert groups dealing with the preparation of
        delegated acts.
   (39) The protection of individuals with regard to the processing of personal data by the
        Member States is governed by Regulation (EU) No 2016/679 of the European
        Parliament and of the Council29 and the protection of individuals with regard to the
        processing of personal data by the Commission is governed by Regulation (EU) No
        2018/1725 of the European Parliament and of the Council30 in particular as regards
        the requirements of confidentiality and security of processing, the transfer of personal
        data from the Commission to the Member States, the lawfulness of processing, and the
        rights of data subjects to information, access to and rectification of their personal data.
   (40) The European Data Protection Supervisor was consulted in accordance with Article
        42(1) of Regulation (EU) No 2018/1725 and delivered an opinion [date of issuing of
        the opinion].
   (41) Since the objectives of this Regulation cannot be sufficiently achieved by the Member
        States but can rather, by reason of the transboundary nature of the environmental
        problem addressed and the effects of this Regulation on the intra-Union and external
        trade, be better achieved at Union level, the Union may adopt measures, in accordance
        with the principle of subsidiarity as set out in Article 5 of the Treaty on European
        Union. In accordance with the principle of proportionality, as set out in that Article,
        this Regulation does not go beyond what is necessary in order to achieve those
        objectives.
   29
        Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
        protection of natural persons with regard to the processing of personal data and on the free movement of
        such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).
   30
        Regulation (EU) No 2018/1725 of the European Parliament and of the Council of 23 October 2018 on
        the protection of natural persons with regard to the processing of personal data by the Union
        institutions, bodies, offices and agencies and on the free movement of such data, and repealing
        Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
EN                                                     17                                                        EN
 ---pagebreak---    (42)   A number of amendments are to be made to Regulation (EC) No 1005/2009. In the
          interests of clarity, that Regulation should be repealed and replaced,
   HAVE ADOPTED THIS REGULATION:
                                              Chapter I
                                       General Provisions
                                                Article 1
                                             Subject matter
   This Regulation lays down rules on the production, import, export, placing on the market,
   further supply as well as use, recovery, recycling, reclamation and destruction of ozone
   depleting substances, on the reporting of information related to those substances and on the
   import, export, placing on the market, further supply and use of products and equipment
   containing ozone depleting substances or whose functioning relies upon on those substances.
                                                Article 2
                                                 Scope
   1.       This Regulation applies to the ozone depleting substances listed in Annexes I and II
            and their isomers, whether alone or in a mixture.
   2.       This Regulation also applies to products and equipment, and parts thereof, containing
            ozone depleting substances or whose functioning relies upon those substances.
                                                Article 3
                                               Definitions
   For the purposes of this Regulation, the following definitions apply:
            (1)   ‘feedstock’ means any ozone depleting substance that undergoes chemical
                  transformation in a process in which it is entirely converted from its original
                  composition and emissions are insignificant;
            (2)   ‘process agents’ means ozone depleting substances used as chemical process
                  agents in the applications listed in Annex III;
            (3)   ‘import’ means the entry of substances, products and equipment covered by
                  this Regulation into the customs territory of the Union as far as the territory is
                  covered by a ratification of the 1987 Montreal Protocol on Substances that
                  Deplete the Ozone Layer and includes temporary storage and the customs
                  procedures referred to in Articles 201 and 210 of Regulation (EU) No
                  952/2013;
            (4)   ‘export’ means the exit from the customs territory of the Union, in so far as the
                  territory is covered by a ratification of the 1987 Montreal Protocol on
                  Substances that Deplete the Ozone Layer, of substances, products and
                  equipment;
            (5)   ‘placing on the market’ means the supplying or making available to another
                  person within the Union, for the first time, for payment or free of charge, the
                  customs release for free circulation in the Union, and the use of substances
                  produced or the use of products or equipment manufactured for own use;
EN                                                 18                                                EN
 ---pagebreak---            (6)   ‘use’ means the utilisation of ozone depleting substances in the production,
                 maintenance or servicing, including refilling, of products and equipment or in
                 other activities referred to in this Regulation;
           (7)   ‘recovery’ means the collection and the storage of ozone depleting substances
                 from products and equipment or containers during maintenance or servicing, or
                 prior to the disposal of the product, equipment or container;
           (8)   ‘recycling’ means the reuse of a recovered ozone depleting substance following
                 a basic cleaning processes, including filtering and drying;
           (9)   ‘reclamation’ means the reprocessing of an ozone depleting substance in order
                 to match the performance that is equivalent to that of a virgin substance, taking
                 into account its intended use;
           (10) ‘undertaking’ means any natural or legal person which carries out an activity
                 referred to in this Regulation;
           (11) ‘products and equipment’ means all products and equipment, including parts
                 thereof, except containers, used for the transportation or storage of ozone
                 depleting substances;
           (12) ‘virgin substances’ means substances which have not previously been used;
           (13) ‘decommissioning’ means the removal from operation or usage of a product or
                 equipment, containing ozone depleting substances including the final shut-
                 down of an installation;
           (14) ‘destruction’ means the process of permanently transforming or decomposing
                 completely, to the extent possible, an ozone depleting substance into one or
                 more stable substances that are not ozone depleting substances;
           (15) ‘establishment within the Union’ means for a natural person to have his or her
                 habitual residence in the Union and for a legal person to have in the Union a
                 permanent business establishment as referred to in Article 5(32) of Regulation
                 (EU) No 952/2013 in the Union.
                                            Chapter II
                                           Prohibitions
                                                Article 4
                                     Ozone depleting substances
   1.      The production, placing on the market, any subsequent supply or making available to
           another person within the Union for payment or free of charge and use of ozone
           depleting substances listed in Annex I are prohibited.
   2.      Imports and exports of ozone depleting substances listed in Annex I are prohibited.
                                                Article 5
      Products and equipment containing ozone depleting substances or whose functioning
                                    relies upon those substances
   1.      The placing on the market and any subsequent supply or making available to another
           person within the Union for payment or free of charge, of products and equipment
EN                                                 19                                              EN
 ---pagebreak---            containing ozone depleting substances listed in Annex I or whose functioning relies
           upon those substances are prohibited.
   2.      Imports and exports of products and equipment containing ozone depleting
           substances listed in Annex I or whose functioning relies upon those substances are
           prohibited.
           This paragraph does not apply to personal effects.
                                           Chapter III
                               Exemptions to prohibitions
                                              Article 6
                                             Feedstock
   By way of derogation from Article 4(1), ozone depleting substances listed in Annex I may be
   produced, placed on the market, and subsequently supplied or made available to another
   person within the Union for payment or free of charge to be used as feedstock.
                                              Article 7
                                           Process agents
   1.      By way of derogation from Article 4(1), ozone depleting substances listed in Annex I
           may be produced, placed on the market and subsequently supplied or made available
           to another person within the Union for payment or free of charge to be used as
           process agents in the processes referred to in Annex III and subject to the conditions
           laid down pursuant to paragraphs 2 and 3 of this Article.
   2.      Ozone depleting substances referred to in paragraph 1, may only be used as process
           agents in installations existing on 1 September 1997, provided that the emissions of
           ozone depleting substances from those installations are insignificant, subject to the
           conditions laid down pursuant to paragraph 3.
   3.      The Commission may, by means of implementing acts, establish a list of
           undertakings for which the use of ozone depleting substances listed in Annex I, as
           process agents in the processes referred to in Annex III in the installations referred to
           in paragraph 2 is permitted, laying down the maximum quantities that may be used
           for make-up or for consumption as process agents and maximum emission levels for
           each of the undertakings concerned. Those implementing acts shall be adopted in
           accordance with the examination procedure referred to in Article 28(2).
   4.      The Commission is empowered to adopt delegated acts in accordance with Article 29
           to amend Annex III where it is necessary due to technical developments or decisions
           taken by the Parties to 1987 Montreal Protocol on Substances that Deplete the Ozone
           Layer (‘the Protocol’).
                                              Article 8
                             Essential laboratory and analytical uses
   1.      By way of derogation from Article 4(1), ozone depleting substances listed in Annex I
           may be produced, placed on the market and subsequently supplied or made available
EN                                               20                                                  EN
 ---pagebreak---       to another person within the Union for payment or free of charge to be used for
      essential laboratory and analytical uses, subject to the conditions laid down pursuant
      to paragraph 2 of this Article.
   2. The Commission may, by means of implementing acts, determine any essential
      laboratory and analytical uses for which the production and import of ozone
      depleting substances may be permitted in the Union, the period for which the
      exemption is valid and those users which may take advantage of those essential
      laboratory and analytical uses. Those implementing acts shall be adopted in
      accordance with the examination procedure referred to in Article 28(2).
   3. The undertaking placing on the market or subsequently supplying or making
      available to another person within the Union for payment or free of charge ozone
      depleting substances for essential laboratory and analytical uses referred to in
      paragraph 1 shall retain records of the following information:
      (a)   name of the substances;
      (b)   amount placed on the market or supplied;
      (c)   purpose of their use;
      (d)    list of the purchasers and suppliers.
   4. The undertaking using ozone depleting substances for laboratory and analytical uses
      referred to in paragraph 1 shall retain records of the following information:
      (a)   name of the substances;
      (b)   amounts supplied or used;
      (c)   purpose of their use;
      (d)   list of suppliers.
   5. The records referred to in paragraphs 3 and 4 shall be retained for a minimum period
      of five years and shall be made available, upon request, to the competent authorities
      of the Member States and to the Commission.
   6. Ozone depleting substances for essential laboratory and analytical uses referred to in
      paragraph 1 shall only be placed on the market and subsequently supplied or made
      available to another person within the Union for payment or free of charge under the
      conditions set out in Annex IV.
   7. The Commission is empowered to adopt delegated acts in accordance with Article 29
      to amend Annex IV, where it is necessary due to technical developments or decisions
      taken by the Parties to the Protocol.
                                          Article 9
                                   Critical uses of halon
   1. By way of derogation from Article 4(1), halons may be placed on the market and
      used for critical uses in accordance with Annex V. Halons may only be placed on the
      market and subsequently supplied or made available to another person within the
      Union for payment or free of charge by undertakings authorised by the competent
      authority of the Member State concerned to store halons for critical uses.
   2. Fire protection systems and fire extinguishers containing halons applied for uses
      referred to in paragraph 1 or whose functioning relies upon those halons shall be
EN                                           21                                              EN
 ---pagebreak---            decommissioned by the end dates specified in Annex V. Halons contained therein
           shall be recovered in accordance with Article 20(5).
   3.      The Commission is empowered to adopt delegated acts in accordance with Article 29
           to amend Annex V, where technically and economically feasible alternatives or
           technologies are not available for the uses listed in that Annex within the timeframes
           set out in Annex V or are not acceptable due to their impacts on environment or
           health, or where it is necessary to ensure compliance with the international
           commitments of the Union concerning critical uses of halons established in particular
           under the Protocol, the International Civil Aviation Organization (ICAO) or the
           International Convention for the Prevention of Pollution from Ships (MARPOL).
   4.      The Commission may, by means of implementing acts, and following a substantiated
           request of the competent authority of a Member State, grant time-limited derogations
           from the end dates or cut-off dates specified in Annex V for a specified case where it
           is demonstrated in the request that no technically and economically feasible
           alternative is available for that particular application. The Commission may include
           in those implementing acts reporting requirements, and may require submission of
           supporting evidence necessary for monitoring the use of the derogation, including
           evidence on amounts recovered for recycling or reclamation, results of leakage
           checks and amounts of unused halons in stocks. Those implementing acts shall be
           adopted in accordance with the examination procedure referred to in Article 28(2).
                                              Article 10
                                Emergency use of methyl bromide
   1.      In case of an emergency, where unexpected outbreaks of particular pests or diseases
           so require, the Commission may, at the request of the competent authority of a
           Member State, by means of implementing acts, authorise the temporary production,
           placing on the market, and use of methyl bromide, provided that the placing on the
           market and use of methyl bromide are allowed respectively under Regulation (EC)
           No 1107/2009 and Regulation (EU) No 528/2012. Any unused quantities of methyl
           bromide shall be destroyed.
   2.      Implementing acts referred to in paragraph 1 shall specify measures to be taken to
           reduce emissions of methyl bromide during use and apply for a period not exceeding
           120 days and to a quantity not exceeding 20 metric tonnes of methyl bromide. The
           Commission may include in those implementing acts reporting requirements and
           may require submission of supporting evidence necessary for monitoring the use of
           methyl bromide, including evidence on the destruction of substances following the
           end of the derogation. Those implementing acts shall be adopted in accordance with
           the examination procedure referred to in Article 28(2).
                                              Article 11
      Products and equipment containing ozone depleting substances or whose functioning
                                    relies upon those substances
   1.      By way of derogation from Article 5(1), products and equipment for which the use of
           the respective ozone depleting substance is authorised in accordance with Article 8
           or Article 9 may be placed on the market, subsequently supplied or made available to
           another person within the Union for payment or free of charge.
EN                                                 22                                             EN
 ---pagebreak---    2.       Except for the critical uses referred to in Article 9, fire protection systems and fire
            extinguishers containing halons are prohibited and shall be decommissioned.
   3.       Products and equipment containing ozone depleting substances or whose functioning
            relies upon those substances shall be decommissioned when they reach the end of
            their life.
                                                 Article 12
                                     Destruction and reclamation
   By way of derogation from Articles 4(1) and 5(1), ozone depleting substances listed in Annex
   I and products and equipment containing ozone depleting substances or whose functioning
   relies upon those substances may be placed on the market and subsequently supplied or made
   available to another person within the Union for payment or free of charge for destruction
   within the Union pursuant to Article 20(7). Ozone depleting substances listed in Annex I may
   also be placed on the market for reclamation within the Union.
                                                 Article 13
                                                 Imports
   1.       By way of derogation from Article 4(2) and Article 5(2), the following imports are
            allowed:
            (a)     ozone depleting substances to be used as feedstock in accordance with Article
                   6;
            (b)    ozone depleting substances to be used as process agents in accordance with
                   Article 7;
            (c)    ozone depleting substances to be used for essential laboratory and analytical
                   uses in accordance with Article 8;
            (d)    ozone depleting substances for destruction by technologies referred to
                   in Article 20(7);
            (e)    methyl bromide for emergency uses in accordance with Article 10;
            (f)    recovered, recycled or reclaimed halons, under the condition that they are only
                   imported for critical uses referred to in Article 9(1), by undertakings authorised
                   by the competent authority of the Member State concerned to store halons for
                   critical uses;
            (g)    products and equipment containing halons or whose functioning relies upon
                   halons to satisfy critical uses referred to in Article 9(1);
            (h)    products and equipment containing ozone depleting substances or whose
                   functioning relies upon those substances for destruction, where applicable by
                   technologies referred to in Article 20(7);
            (i)    products and equipment containing ozone depleting substances or whose
                   functioning relies upon those substances to satisfy essential laboratory and
                   analytical uses referred to in Article 8.
   2.       Imports referred to in paragraph 1 shall be subject to the presentation of a licence to
            customs authorities issued by the Commission in accordance with Article 16.
EN                                                   23                                               EN
 ---pagebreak---       The licence referred to in the first subparagraph shall not be required in cases of
      temporary storage.
                                          Article 14
                                           Export
   1. By way of derogation from Article 4(2) and Article 5(2), the following exports are
      allowed:
      (a)   ozone depleting substances to be used for essential laboratory and analytical
            uses referred to in Article 8;
      (b)   ozone depleting substances to be used as feedstock in accordance with Article
            6;
      (c)   ozone depleting substances to be used as process agents in accordance with
            Article 7;
      (d)   virgin or reclaimed hydrochlorofluorocarbons, for uses other than those
            referred to in points (a) and (b), except for destruction;
      (e)   recovered, recycled or reclaimed halons stored for critical uses referred to
            in Article 9(1) by undertakings authorised by the competent authority of a
            Member State;
      (f)   products and equipment containing halons or whose functioning relies upon
            halons to satisfy critical uses referred to in Article 9(1);
      (g)   products and equipment containing ozone depleting substances imported under
            Article 13(1), point (i) or whose functioning relies upon those substances.
   2. By way of derogation from Article 5(2), the Commission may, by means of
      implementing acts, following a request by a competent authority of a Member State,
      authorise the export of products and equipment containing hydrochlorofluorocarbons
      where it is demonstrated that in view of the economic value and the expected
      remaining lifetime of the specific good, the prohibition of export would impose a
      disproportionate burden on the exporter, and such export is in line with national
      legislation in the destination country. Those implementing acts shall be adopted in
      accordance with the examination procedure referred to in Article 28(2).
      Prior to such export the Commission shall notify the destination country thereof.
   3. Exports referred to in paragraphs 1 and 2 shall be subject to the presentation of a
      licence to customs authorities issued by the Commission in accordance with Article
      16.
      The licence referred to in the first subparagraph shall not be required in cases of re-
      export subsequent to temporary storage.
                                          Article 15
                                Conditions for exemptions
   1. The import, placing on the market, any subsequent supply or making available to
      another person within the Union for payment or free of charge, utilisation, or export
      of non-refillable containers for ozone depleting substances, empty, or fully or
      partially filled, is prohibited, except for essential laboratory and analytical uses
EN                                            24                                              EN
 ---pagebreak---       referred to in Article 8. Such containers may only be stored or transported for
      subsequent disposal.
      Any prohibited non-refillable containers referred to in the first subparagraph shall be
      confiscated, seized, withdrawn or recalled from the market by the customs authorities
      or the market surveillance authorities for disposal. The re-export of prohibited non-
      refillable containers is prohibited.
      The first and second subparagraph applies to:
      (a)    containers which cannot be refilled without being adapted for that purpose
             (non-refillable); and
      (b)    containers that could be refilled but are imported or placed on the market
             without provision having been made for their return for refilling.
   2. Ozone depleting substances shall not be placed on the market unless producers or
      importers provide evidence to the competent authority at the time of such placing,
      that any trifluoromethane produced as a by-product during the manufacturing
      process, including during the manufacturing of feedstock for their production, has
      been destroyed or recovered for subsequent use, using best available techniques.
      For the purpose of submitting evidence, importers and producers shall draw up a
      declaration of conformity and join supporting documentation on the production
      facility and the mitigation measures adopted to prevent emissions of
      trifluoromethane. Producers and importers shall keep the declaration of conformity
      and supporting documentation for a period of at least five years after the placing on
      the market and make them available, upon request, to national competent authorities
      and to the Commission.
      The Commission may, by means of implementing acts, determine the detailed
      arrangements relating to the declaration of conformity and supporting documentation
      referred to in the second subparagraph. Those implementing acts shall be adopted in
      accordance with the examination procedure referred to in Article 28(2).
   3. Ozone depleting substances produced or placed on the market as feedstock, as
      process agents, or for essential laboratory and analytical uses as referred to
      in Articles 6, 7 and 8 may only be used for those purposes.
      Containers containing the substances intended for the uses referred to in Articles 6, 7
      and 8 shall be labelled with a clear indication that the substance may only be used for
      the applicable purpose. Where such substances are subject to labelling requirements
      provided for in Regulation (EC) No 1272/2008, such indication shall be included in
      the labels referred to in that Regulation.
      The Commission may, by means of implementing acts, determine the format and the
      indication to be used on the labels referred to in the second subparagraph. Those
      implementing acts shall be adopted in accordance with the examination procedure
      referred to in Article 28(2).
                                      Chapter IV
                                           Trade
                                         Article 16
                                     Licensing System
EN                                           25                                               EN
 ---pagebreak---    1.   The Commission shall set up and ensure the operation of the electronic licensing
        system for ozone depleting substances listed in Annex I and products and equipment
        containing those substances or whose functioning relies upon those substances ('the
        licensing system').
   2.   Undertakings that wish to obtain the licences respectively required in accordance
        with Article 13(2) and Article 14(3) shall submit applications using the licensing
        system. Before submitting such an application, undertakings shall have a valid
        registration in the licensing system. Undertakings shall also ensure that they have a
        valid registration in the licensing system before reporting pursuant to Article 24.
        Applications for licences shall be processed within 30 days. Licences shall be issued
        in accordance with the rules and procedures laid down in Annex VII.
   3.   Licenses may be issued to undertakings established in the Union and to undertakings
        established outside the Union.
        Undertakings established outside the Union shall mandate an only representative
        with an establishment within the Union that assumes the full responsibility for
        complying with this Regulation. The only representative may be the same as the one
        mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European
        Parliament and of the Council31.
   4.   Licenses may be time-limited. They shall remain valid until they expire, until they
        are suspended or revoked by the Commission pursuant to this Article, or until they
        are withdrawn by the undertaking.
   5.   Each undertaking that holds a licence shall, during the period of validity of the
        license, notify the Commission of any changes which might occur during the period
        of validity of the licence in relation to the information submitted in accordance with
        Annex VII.
   6.   The Commission may request additional information where needed to confirm the
        accuracy and completeness of the information provided by the undertakings in
        accordance with Annex VII.
   7.   Competent authorities of the Member States including the customs authorities, or the
        Commission, may require a certificate attesting the nature or composition of
        substances to be imported or exported and may request a copy of the licence issued
        by the country from which the import or to which the export takes place.
   8.   The Commission may share the data submitted in the licensing system to the extent
        necessary in specific cases with competent authorities of the Parties to the Protocol
        concerned.
   9.   A license shall be suspended where there is reasonable suspicion that any relevant
        obligations set out in this Regulation is not complied with. A license shall be revoked
        where there is evidence that any obligation set out in this Regulation is not complied
        with. The license application shall also be rejected or the license revoked where there
   31
      Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006
      concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH),
      establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council
      Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council
      Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and
      2000/21/EC (OJ L 396, 30.12.2006, p.1).
EN                                              26                                                   EN
 ---pagebreak---          is evidence of serious or repeated infringements of Union customs or environmental
         legislation by the undertaking related to its activities under this Regulation.
         Undertakings shall be informed, as soon as possible, of any licence application being
         rejected or of any licence being suspended or revoked, specifying the reasons for
         rejection, suspension or revocation. Member States shall also be informed of such
         cases.
   10.   Undertakings shall take all necessary measures to ensure that an export of ozone
         depleting substances does not:
         (a)     constitute a case of illegal trade;
         (b)     impact adversely on the implementation of control measures of the destination
                 country taken to comply with its obligations under the Protocol
         (c)     lead to an excess of the quantitative limits under the Protocol for the country
                 referred to in point (b).
   11.   Competent authorities of the Member States, including customs authorities, shall
         have access to the licensing system for the purpose of enforcing this Regulation.
         Access to the licensing system by customs authorities shall be ensured via the
         European Union Single Window Environments for Customs referred to in paragraphs
         14 and 15.
   12.   The Commission and competent authorities of the Member States shall ensure the
         confidentiality of the information included in the licensing system.
   13.   The Commission is empowered to adopt delegated acts in accordance with Article 29
         to amend Annex VII where it is necessary to ensure the smooth functioning of the
         licensing system, to facilitate the enforcement of customs controls, or where it is
         necessary to comply with the Protocol.
   14.   The Commission shall ensure the interconnection of the licensing system with the
         European Union Single Window Environment for Customs through the European
         Union Customs Single Window - Certificate Exchange System established by
         Regulation (EU) No …/… [full reference to be inserted once that Regulation has
         been adopted].32
   15.   Member States shall ensure the interconnection of their national single window
         environments for customs with the European Union Customs Single Window -
         Certificate Exchange System for the purpose of exchanging information with the
         licensing system.
                                                 Article 17
                                            Controls of trade
   1.    Customs authorities and market surveillance authorities shall enforce the prohibitions
         and other restrictions set out in this Regulation with regards to imports and exports.
   2.    For the purpose of imports, the undertaking holding the license pursuant to Article
         13(2) shall be the importer, or where not available the declarant, indicated in the
         customs declaration.
   32
       Regulation (EU) No …/… of the European Parliament and of the Council establishing the European
       Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 OJ C , ,
       p. [full reference to be added once that Regulation is adopted].
EN                                                   27                                               EN
 ---pagebreak---        For the purpose of export, the undertaking holding the license pursuant to Article
       14(3) shall be the exporter indicated in the customs declaration.
   3.  In cases of imports of ozone depleting substances listed in Annex I and of products
       and equipment containing those substances or whose functioning relies upon those
       substances the importer, or where not available the declarant, indicated in the
       customs declaration or in the temporary storage declaration and in cases of exports
       the exporter indicated in the customs declaration, shall provide to customs authorities
       in the declaration the following, where relevant:
       (a)   the number of the licence pursuant to Article 13(2) and Article 14(3);
       (b)   the Economic Operators Registration and Identification (EORI) number;
       (c)   the net mass of ozone depleting substance(s), also when included in products
             and equipment;
       (d)   the net mass multiplied by the ozone depletion potential of the ozone depleting
             substance(s), also when included in products and equipment;
       (e)   the commodity code under which the goods are classified.
   4.  Customs authorities shall verify, in particular, that in cases of imports the importer
       indicated in the customs declaration, or where not available the declarant, and in
       cases of exports the exporter indicated in the customs declaration, has a valid license
       pursuant to Article 13(2) and Article 14(3).
   5.  Where relevant, customs authorities shall communicate information regarding the
       customs clearance of goods to the licensing system via the European Union Single
       Window Environment for Customs.
   6.  Importers of ozone depleting substances listed in Annex I in refillable containers
       shall make available to customs authorities at the time the customs declaration
       related to the release for free circulation is submitted, a declaration of conformity
       including evidence confirming the arrangements in place for the return of the
       container for the purpose of refilling.
   7.  Importers of halons in accordance with Article 13(1), point (f), and exporters of
       halons in accordance with Article 14(1), point (e), shall make available to customs
       authorities at the time the customs declaration related to the release for free
       circulation or to the export is submitted a certificate confirming the nature of the
       substance as listed in Article 13(1), point (f) and Article 14(1), point (e).
   8.  Importers of ozone depleting substances shall make available to customs authorities
       at the time the customs declaration related to the release for free circulation is
       submitted, the evidence referred to in Article 15(2).
   9.  Customs authorities shall verify compliance with the rules on imports and exports set
       out in this Regulation, when carrying out the controls based on risk analysis in the
       context of Customs Risk Management Framework and in accordance with Article 46
       of Regulation (EU) No 952/2013. The risk analysis shall take into account in
       particular any available information on the likelihood of illegal trade of ozone
       depleting substances, and the compliance history of the undertaking concerned.
   10. Based on risk analysis, when carrying out physical customs controls of the
       substances and products and equipment covered by this Regulation, the customs
       authority shall, in particular, verify the following on imports and exports:
EN                                              28                                             EN
 ---pagebreak---              (a)    that the goods presented correspond to those described in the licence and in the
                    customs declaration;
             (b)    that the goods are appropriately labelled in accordance with Article 15(3)
                    before releasing the goods for free circulation.
             The importer or exporter shall make its licence available to customs authorities
             during controls in accordance with Article 15 of Regulation (EU) No 952/2013.
   11.       Customs authorities shall confiscate or seize substances, the substances and products
             and equipment that are prohibited by this Regulation is prohibited for their disposal
             in accordance with Articles 197 and 198 of Regulation (EU) No 952/2013. Market
             surveillance authorities shall also withdraw or recall from the market such substances
             and products and equipment in accordance with Article 16 of Regulation (EU) No
             2019/1020 of the European Parliament and the Council33.
             The re-export of substances and products and equipment that do not comply with this
             Regulation is prohibited.
   12.       Member States customs authorities shall designate or approve customs offices or
             other places and shall specify the route to those offices and places, in accordance
             with Articles 135 and 267 of Regulation (EU) No 952/2013, for the presentation to
             customs of ozone depleting substances listed in Annex I and of products and
             equipment containing those substances or whose functioning relies upon those
             substances at their entry into or at their exit from the customs territory of the Union.
             Those customs offices or places shall be sufficiently equipped to carry out the
             relevant physical controls based on risk analysis, and shall be knowledgeable on
             matters related to the prevention of illegal activities under this Regulation.
             Only the designated or approved places and customs offices referred to in the first
             subparagraph shall be authorised to open or end a transit procedure of ozone
             depleting substances listed in Annex I and products and equipment containing, or
             whose functioning relies upon, such substances.
                                                   Article 18
                                    Measures to monitor illegal trade
   The Commission is empowered to adopt delegated acts in accordance with Article 29 to
   supplement this Regulation by establishing additional control measures to those set out in this
   Regulation for the monitoring of ozone depleting substances and of products and equipment
   containing those substances or whose functioning relies upon those substances placed under
   temporary storage, or a customs procedure including customs warehousing or free zone
   procedure or in transit through the customs territory of the Union on the basis of an evaluation
   of the potential risks of illegal trade linked to such movements, including tracing
   methodologies for substances placed on the market, taking into account the environmental
   benefits and socio-economic impacts of such measures.
                                                   Article 19
      Trade with states or regional economic integration organisations and territories not
                                          covered by the Protocol
   33
           Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market
           surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No
           765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
EN                                                      29                                                   EN
 ---pagebreak---    1. Import and export of ozone depleting substances listed in Annex I and of products
      and equipment containing those substances or whose functioning relies upon those
      substances from and to any state or regional economic integration organisation that
      has not agreed to be bound by the provisions of the Protocol applicable to a particular
      controlled substance shall be prohibited.
   2. The Commission is empowered to adopt delegated acts in accordance with Article 29
      to supplement this Regulation by establishing the rules applicable to the release for
      free circulation in the Union and export of products and equipment imported from
      and exported to any state or regional economic integration organisation subject to
      paragraph 1, which were produced using ozone depleting substances listed in Annex
      I, but do not contain substances which can be positively identified as ozone depleting
      substances listed in that Annex, as well as rules on the identification of such products
      and equipment. When adopting those delegating acts the Commission shall take into
      account the relevant decisions taken by the Parties to the Protocol and, as regards the
      rules on the identification of such products and equipment, periodical technical
      advice given to the Parties to the Protocol.
   3. By way of derogation from paragraph 1, trade with any state or regional economic
      integration organisation subject to paragraph 1 in ozone depleting substances listed in
      Annex I and equipment containing those substances or whose functioning relies upon
      those substances or which are produced by means of one or more such substances
      may be authorised by the Commission, by means of implementing acts, to the extent
      that the state or regional economic integration organisation is determined by a
      meeting of the Parties to the Protocol pursuant to Article 4(8) of the Protocol to be in
      full compliance with the Protocol and has submitted data to that effect as specified in
      Article 7 of the Protocol. Those implementing acts shall be adopted in accordance
      with the examination procedure referred to in Article 28(2).
   4. Subject to any decision taken under paragraph 2, paragraph 1 shall apply to any
      territory not covered by the Protocol in the same way as such decisions apply to any
      state or regional economic integration organisation subject to paragraph 1.
   5. Where the authorities of a territory not covered by the Protocol are in full compliance
      with the Protocol and have submitted data to that effect as specified in Article 7 of
      the Protocol, the Commission may decide, by means of implementing acts, that some
      or all of the provisions of paragraph 1 of this Article shall not apply in respect of that
      territory. Those implementing acts shall be adopted in accordance with the
      examination procedure referred to in Article 28(2).
                                      Chapter V
                                  Emission Control
                                         Article 20
             Recovery and destruction of used ozone depleting substances
   1. Ozone depleting substances listed in Annex I contained in refrigeration, air-
      conditioning and heat pump equipment, equipment containing solvents or fire
      protection systems and fire extinguishers shall, during the maintenance or servicing
      of equipment or before the dismantling or disposal of equipment, be recovered for
      destruction, recycling or reclamation.
EN                                           30                                                  EN
 ---pagebreak---    2. Building owners and contractors shall ensure that during renovation, refurbishing or
      demolition activities implying the removal of metal-faced panels that contain foams
      with ozone depleting substances listed in Annex I are avoided to the extent possible
      by recovery for reuse or destruction of the foams and the substances contained
      therein.
   3. Building owners and contractors shall ensure that during renovation, refurbishing or
      demolition activities implying the removal of foams in laminated boards installed in
      cavities or built-up structures that contain ozone depleting substances listed in Annex
      I are avoided to the extent possible by recovery for reuse or destruction of the foams
      and the substances contained therein.
   4. Where recovery of the foams referred to in the first subparagraph is not technically
      feasible, the building owner or contractor shall draw up documentation providing
      evidence for the infeasibility of the recovery in the specific case. Such
      documentation shall be retained for five years and shall be made available, upon
      request, to the competent authorities and the Commission.
   5. Halons contained in fire protection systems and fire extinguishers shall, during the
      maintenance or servicing of equipment or before the dismantling or disposal of
      equipment, be recovered for recycling or reclamation.
      Destruction of halon is prohibited unless there is documented evidence that the
      purity of the recovered or recycled substance does not technically allow its
      reclamation and subsequent re-use. Undertakings destroying halons in such cases
      shall retain this documentation for a minimum period of five years. Such
      documentation shall be made available, upon request, to competent authorities and
      the Commission.
   6. Ozone depleting substances listed in Annex I contained in products and equipment
      other than those mentioned in paragraphs 1 to 5 shall, if technically and
      economically feasible, be recovered for destruction, recycling or reclamation, or shall
      be destroyed without prior recovery.
   7. Ozone depleting substances listed in Annex I and products and equipment containing
      such substances shall only be destroyed by technologies approved by the Parties to
      the Protocol or by destruction technologies that are not yet approved, but are
      environmentally equivalent and comply with Union and national legislation on waste
      and with additional requirements under such legislation.
   8. The Commission is empowered to adopt delegated acts in accordance with Article 29
      to supplement this Regulation by establishing a list of products and equipment for
      which the recovery of ozone depleting substances or destruction of products and
      equipment without prior recovery of ozone depleting substances shall be considered
      technically and economically feasible, specifying, if appropriate, the technologies to
      be applied.
   9.  Member States shall promote the recovery, recycling, reclamation and destruction of
      ozone depleting substances listed in Annex I and shall establish the minimum
      qualification requirements for the personnel involved.
                                          Article 21
               Release of ozone depleting substances and leakage checks
EN                                            31                                              EN
 ---pagebreak---    1. The intentional release of ozone depleting substances including when contained in
      products and equipment into the atmosphere shall be prohibited where the release is
      not technically necessary for the intended uses permitted under this Regulation.
   2. Undertakings shall take all necessary precautions to prevent and minimise any
      unintentional release of ozone depleting substances listed in Annex I during
      production, including inadvertently produced in the course of the manufacture of
      other chemicals, equipment manufacturing process, use, storage and transfer from
      one container or system to another or transport.
   3. Undertakings operating equipment containing ozone depleting substances listed in
      Annex I, shall ensure that any detected leakage is repaired without undue delay,
      without prejudice to the prohibition to use the ozone depleting substances.
   4. Undertakings referred to in paragraph 3 shall retain records on the quantity and type
      of ozone depleting substances added and the quantity recovered during maintenance,
      servicing and final disposal of the equipment or system. They shall also retain
      records of other relevant information including the identification of the company or
      technician which performed the maintenance or servicing, as well as the dates and
      results of the leakage checks carried out. These records shall be retained for a
      minimum period of five years and shall be made available, upon request, to the
      competent authority of a Member State and to the Commission.
   5. Member States shall establish the minimum qualification requirements for the
      personnel carrying out activities referred to in paragraph 3.
                                      Chapter VI
          Lists of ozone depleting substances and reporting
                                         Article 22
                 Amendments to the lists of ozone depleting substances
   1. The Commission is empowered to adopt delegated acts in accordance with Article 29
      to amend Annex II to include in that Annex any substances that are not covered by
      this Regulation but have been found by the Scientific Assessment Panel (‘SAP’),
      established under the Protocol, or by another recognised authority of equivalent
      stature to have a significant ozone-depleting potential.
   2. The Commission is empowered to adopt delegated acts in accordance with Article 29
      to amend Annex I to include in that Annex any substances that fulfil the conditions
      set out in paragraph 1, and are exported, imported, produced or placed on the market
      in significant quantities and, if appropriate, to determine possible exemptions from
      the restrictions set out in Chapters I, II, or IV.
   3. The Commission is empowered to adopt delegated acts in accordance with Article 29
      to amend Annexes I and II as regards the global warming potential and the ozone
      depleting potential of the listed substances, where it is necessary in the light of new
      Assessments Reports by the Intergovernmental Panel on Climate Change or new
      reports of the SAP, established under the Protocol.
                                         Article 23
                             Reporting by the Member States
EN                                            32                                              EN
 ---pagebreak---    1. Each year by 30 June [OP: Please insert the year of application of this Regulation]
      Please add year of application of the Regulation], Member States shall report the
      following information in an electronic format to the Commission, for the previous
      calendar year:
      (a)   the quantities of halons installed, used and stored for critical uses, pursuant to
            Article 9(1), the measures taken to reduce their emissions and an estimate of
            such emissions, and progress in evaluating and using adequate alternatives;
      (b)   cases of illegal trade, in particular those detected during the checks carried out
            pursuant to Article 26, including the imposition of penalties referred to in
            Article 27 where applicable.
   2. The Commission may, if appropriate, by means of implementing acts, determine the
      format for the submission of the information referred to in paragraph 1. Those
      implementing acts shall be adopted in accordance with the examination procedure
      referred to in Article 28(2).
   3. The Commission is empowered to adopt delegated acts in accordance with Article 29
      to amend paragraph 1 of this Article where it is necessary in view of the decisions of
      the Parties to the Protocol.
                                         Article 24
                                Reporting by undertakings
   1. Each year by 31 March [OP: Please insert the year of application of this
      Regulation], each undertaking shall report, via an electronic reporting tool, to the
      Commission the data listed in Annex VI for each ozone depleting substance for the
      previous calendar year.
      Member States shall also have access to the electronic reporting tool of the
      undertakings falling under their jurisdiction.
      Prior to reporting, undertakings shall register in the licensing system.
   2. The Commission and the competent authorities of the Member States shall take
      appropriate measures to protect the confidentiality of the information submitted to it
      in accordance with this Article.
   3. Where necessary, the Commission shall, by means of implementing acts, establish
      the format and means of the reporting referred to in Annex VI. Those implementing
      acts shall be adopted in accordance with the examination procedure referred to
      in Article 28(2).
   4. The Commission is empowered to adopt delegated acts in accordance with Article 29
      to amend Annex VI, where it is necessary in view of the decisions of the Parties to
      the Protocol.
                                      Chapter VII
                                     Enforcement
                                         Article 25
                       Cooperation and exchange of information
EN                                            33                                               EN
 ---pagebreak---    1.   The competent authorities of Member States, including customs authorities, market
        surveillance authorities, environmental authorities and other authorities with
        inspection functions shall cooperate with each other, with authorities from other
        Member States, with the Commission, and if necessary, with administrative
        authorities of third countries in order to ensure compliance with this Regulation.
        When cooperation with customs authorities is needed to ensure a proper
        implementation of the customs risk management framework, competent authorities
        shall provide all necessary information to customs in accordance with Article 47(2)
        of Regulation (EU) No 952/2013.
   2.   When customs authorities, market surveillance authorities or any other competent
        authority of a Member State have detected an infringement of this Regulation, that
        competent authority shall notify the environmental authority or if not relevant any
        other authority responsible for the enforcement of penalties in accordance with
        Article 27.
   3.   Member States shall ensure that their competent authorities are able to efficiently
        have access to and exchange between them any information necessary for the
        enforcement of this Regulation. Such information shall include customs related data,
        information on ownership and financial status, any environmental violations, as well
        as data recorded in the licensing system.
        That information shall also be made available to competent authorities of other
        Member States and to the Commission when needed to ensure the enforcement of
        this Regulation.
   4.   Competent authorities shall alert competent authorities of other Member States when
        they detect infringement of this Regulation that may affect more than one Member
        State. Competent authorities shall, in particular, inform competent authorities of
        other Member States when they detect a relevant product on the market that is not
        compliant with this Regulation, to enable that it is seized, confiscated, withdrawn or
        recalled from the market for disposal.
        The Customs Risk Management System shall be used for the communication
        between the customs authorities.
        Customs authorities shall also exchange any relevant information related to
        infringement of the provisions of this Regulation in accordance with Regulation (EC)
        No 515/97 of the European Parliament and of the Council34 and shall request
        assistance from the other Member States and the Commission where necessary.
                                              Article 26
                                 Obligation to carry out checks
   1.   The competent authorities of Member States shall carry out checks to establish
        whether undertakings comply with their obligations under this Regulation.
   2.   The checks shall be carried out following a risk-based approach, which takes into
        consideration, in particular, the history of compliance of undertakings, the risk of
        non-compliance of a specific product with this Regulation, and any other relevant
   34
      Regulation (EC) No 515/97 of the European Parliament and of the Council of 13 March 1997 on mutual
      assistance between the administrative authorities of the Member States and cooperation between the
      latter and the Commission to ensure the correct application of the law on customs and agricultural
      matters (OJ L 82, 22.3.1997, p. 1).
EN                                                34                                                     EN
 ---pagebreak---        information received from the Commission, national customs authorities, market
       surveillance authorities, environmental authorities and other authorities with
       inspection functions or from competent authorities of third countries.
       Competent authorities shall also conduct checks when they are in possession of
       evidence or other relevant information, including based on substantiated concerns
       provided by third parties, concerning potential non-compliance with this Regulation.
       The competent authorities of the Member States shall also carry out the checks that
       the Commission considers necessary to ensure compliance with this Regulation.
   3.  Checks referred to in paragraphs 1 and 2 shall include on-site visits of establishments
       with the appropriate frequency and verification of relevant documentation and
       equipment.
       Checks shall be carried out without prior warning of the undertaking, except where
       prior notification is necessary in order to ensure the effectiveness of the checks.
       Member States shall ensure that undertakings afford the competent authorities all
       necessary assistance to enable those authorities to carry out the checks provided for
       by this Article.
   4.  The competent authorities shall keep records of the checks indicating in particular
       their nature and results, as well as on the measures taken in case of non-compliance.
       Records of all checks shall be kept for at least five years.
   5.  At the request of another Member State, a Member State may conduct checks or
       other formal investigations of undertakings suspected of being engaged in the illegal
       movement of substances and products and equipment covered by this Regulation and
       which are operating on the territory of that Member State. The requesting Member
       State shall be informed about the result of the check.
   6.  In carrying out the tasks assigned to it by this Regulation, the Commission may
       request all necessary information from the competent authorities of the Member
       States and from undertakings. When requesting information from an undertaking the
       Commission shall at the same time forward a copy of the request to the competent
       authority of the Member State within the territory of which the undertaking’s seat is
       situated.
   7.  The Commission shall take appropriate steps to promote an adequate exchange of
       information and cooperation between competent authorities of the Member States
       and between competent authorities of the Member States and the Commission. The
       Commission shall take appropriate steps to protect the confidentiality of information
       obtained under this Article.
                                      Chapter VII
      Penalties, committee procedure and exercise of delegation
                                          Article 27
                                          Penalties
   1.  Member States shall lay down the rules on penalties applicable to infringements of
       this Regulation and shall take all measures necessary to ensure that they are
       implemented. The penalties provided for shall be effective, proportionate and
       dissuasive. Member States shall, by 1 January [OP please insert = 1 year following
       the entry into force of this Regulation], notify the Commission of those rules and of
EN                                            35                                               EN
 ---pagebreak---       those provisions and shall notify it, without delay, of any subsequent amendment
      affecting them.
   2. Without prejudice to the obligations of Member States under Directive 2008/99/EC,
      Member States shall, in accordance with national law, provide for competent
      authorities to have the power to impose appropriate administrative penalties and take
      other administrative measures in relation to these infringements.
   3. Member States shall ensure that the level and type of penalties are appropriate and
      proportionate and are applied considering at least to the following criteria:
      (a)   the nature and gravity of the infringement;
      (b)   the intentional or negligent character of the infringement;
      (c)   any previous infringements of this Regulation by the undertaking held
            responsible;
      (d)   the financial situation of the undertaking held responsible;
      (e)   the economic benefits derived or expected to be derived from the infringement.
   4. The Member States shall ensure that their competent authorities are able to at least
      impose the following penalties in case of infringements of this Regulation:
      (a)   fines;
      (b)   confiscation or seizure of illegally obtained goods or of revenues gained by the
            undertaking from the infringement;
      (c)   suspension or revocation of the authorisation to carry out activities as these fall
            under the scope of this Regulation.
   5. In cases of unlawful production, import, export, placing on the market, or use of
      ozone depleting substances listed in Annex I or of products and equipment
      containing those substances or whose functioning relies upon those substances,
      Member States shall envisage maximum administrative fines of at least five times the
      market value of the concerned substances or products and equipment concerned. In
      case of a repeated infringement within a five-year period, the Member States shall
      envisage maximum administrative fines of at least eight times the market value of the
      concerned substances or products and equipment concerned.
      In cases of infringements of Article 21(1), the potential impact on the climate shall
      be reflected by taking into account the carbon price in the determination of an
      administrative fine.
                                          Article 28
                                  Committee procedure
   1. The Commission shall be assisted by the Committee on ozone depleting substances.
      That committee shall be a committee within the meaning of Regulation (EU) No
      182/2011.
   2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No
      182/2011 shall apply.
                                          Article 29
                                 Exercise of the delegation
EN                                            36                                                EN
 ---pagebreak---    1.       The power to adopt delegated acts is conferred on the Commission subject to the
            conditions laid down in this Article.
   2.       The power to adopt delegated acts referred to in Article 7(4), Article 8(7), Article
            9(3), Article 16(13), Article 18, Article 19(2), Article 20(8), Article 22, Article 23(3)
            and Article 24(4) shall be conferred on the Commission for an indeterminate period
            of time [from the date of application of the Regulation]
   3.       The delegation of power referred to in Article 7(4), Article 8(7), Article 9(3), Article
            16(13), Article 18, Article 19(2), Article 20(8), Article 22, Article 23(3) and Article
            24(4) may be revoked at any time by the European Parliament or by the Council. A
            decision to revoke shall put an end to the delegation of the power specified in that
            decision. It shall take effect the day following the publication of the decision in
            the Official Journal of the European Union or at a later date specified therein. It shall
            not affect the validity of any delegated acts already in force.
   4.       Before adopting a delegated act, the Commission shall consult experts designated by
            each Member State in accordance with the principles laid down in the Inter-
            institutional Agreement of 13 April 2016 on Better Law-Making.
   5.       As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
            the European Parliament and to the Council.
   6.       A delegated act adopted pursuant to Article 7(4), Article 8(7), Article 9(3), Article
            16(13), Article 18, Article 19(2), Article 20(8), Article 22, Article 23(3) and Article
            24(4) shall enter into force only if no objection has been expressed either by the
            European Parliament or the Council within a period of two months of notification of
            that act to the European Parliament and the Council or if, before the expiry of that
            period, the European Parliament and the Council have both informed
            the Commission that they will not object. That period shall be extended by
            two months at the initiative of the European Parliament or of the Council.
                                           Chapter VIII
                            Transitional and final provisions
                                               Article 30
                                                Review
   By 1 January 2033, the Commission shall publish a report on the implementation of this
   Regulation.
                                               Article 31
                                                Repeal
   Regulation (EC) No 1005/2009 is repealed.
   References to the repealed Regulation shall be construed as references to this Regulation and
   read in accordance with the correlation table in Annex VIII.
                                                Article 32
                                            Entry into force
EN                                                 37                                                 EN
 ---pagebreak---    This Regulation shall enter into force on the twentieth day following that of its publication in
   the Official Journal of the European Union.
   Articles 16(14), 16(15) and 17(5) of this Regulation shall apply from:
   (a)      [[1 March 2023] date = the application date specified in Regulation of the European
            Parliament and of the Council establishing the European Union Single Window
            Environment for Customs and amending Regulation (EU) No 952/2013 in the Annex
            for the part concerning ozone depleting substances] as regards the customs procedure
            release for free circulation as referred to in Article 201 of Regulation (EU) No
            952/2013 and export;
   (b)      [[1 March 2025] date = the application date specified in Regulation of the European
            Parliament and of the Council establishing the European Union Single Window
            Environment for Customs and amending Regulation (EU) No 952/2013 in the Annex
            for the part concerning ozone depleting substances] as regards import procedures
            other than the procedure referred to in point (a).
   Done at Strasbourg,
   For the European Parliament                  For the Council
   The President                                The President
   [...]
EN                                                38                                                EN
 ---documentbreak---                             EUROPEAN
                            COMMISSION
                                                    Strasbourg, 5.4.2022
                                                    COM(2022) 151 final
                                                    ANNEXES 1 to 8
                                          ANNEXES
                                            to the
         Proposal for a Regulation of the European Parliament and of the Council
   on substances that deplete the ozone layer and repealing Regulation (EC) No 1005/2009
           {SEC(2022) 157 final} - {SWD(2022) 98 final} - {SWD(2022) 99 final} -
                                    {SWD(2022) 100 final}
EN                                                                                       EN
 ---pagebreak---                                                   ANNEX I
                      Ozone depleting substances referred to in Article 2(1) 1
Group        Substance                                                               Ozone-         GWP3
                                                                                     depleting
                                                                                     potential
                                                                                     2
Group I      CFCl3             CFC-11       Trichlorofluoromethane                   1,0            5 560
             CF2Cl2            CFC-12       Dichlorodifluoromethane                  1,0            11 200
             C2F3Cl3           CFC-         Trichlorotrifluoroethane                 0,8            6 520
                               113
             C2F4Cl2           CFC-         Dichlorotetrafluoroethane                1,0            9 430
                               114
             C2F5Cl            CFC-         Chloropentafluoroethane                  0,6            9 600
                               115
Group II     CF3Cl             CFC-13       Chlorotrifluoromethane                   1,0            16 200
             C2FCl5            CFC-         Pentachlorofluoroethane                  1,0            ()
                               111
             C2F2Cl4           CFC-         Tetrachlorodifluoroethane                1,0            4 620
                               112
             C3FCl7            CFC-         Heptachlorofluoropropane                 1,0            ()
                               211
             C3F2Cl6           CFC-         Hexachlorodifluoropropane                1,0            ()
                               212
             C3F3Cl5           CFC-         Pentachlorotrifluoropropane              1,0            ()
                               213
             C3F4Cl4           CFC-         Tetrachlorotetrafluoropropane            1,0            ()
                               214
             C3F5Cl3           CFC-         Trichloropentafluoropropane              1,0            ()
                               215
1
   The Annex includes the substances listed therein and their isomers, whether alone or in a mixture.
2
   The figures relating to ozone-depleting potential are estimates based on existing knowledge and will be
   reviewed and revised periodically in the light of decisions taken by the Parties.
3
   Based on the Sixth Assessment Report, Chapter 7: The Earth's energy budget, climate feedbacks, and
   climate sensitivity - Supplementary Material adopted by the Intergovernmental Panel on Climate Change,
   unless otherwise indicated.

   Default value, global warming potential not yet available.
                                                            1
 ---pagebreak--- Group       Substance                                                       Ozone-    GWP3
                                                                            depleting
                                                                            potential
                                                                            2
            C3F6Cl2           CFC-           Dichlorohexafluoropropane      1,0       ()
                              216
            C3F7Cl            CFC-           Chloroheptafluoropropane       1,0       ()
                              217
Group III   CF2BrCl           halon-         Bromochlorodifluoromethane     3,0       1 930
                              1211
            CF3Br             halon-         Bromotrifluoromethane          10,0      7 200
                              1301
            C2F4Br2           halon-         Dibromotetrafluoroethane       6,0       2 170
                              2402
            CBr2 F2           halon-         Dibromodifluoromethane         1,25      216
                              1202
Group IV    CCl4              CTC            Tetrachloromethane     (carbon 1,1       2 200
                                             tetrachloride)
Group V     C2H3Cl34          1,1,1-         1,1,1-Trichloroethane          0,1       161
                              TCA            (methylchloroform)
Group VI    CH3Br             methyl         Bromomethane                   0,6       2,43
                              bromide
Group VII CHFBr2              HBFC-          Dibromofluoromethane           1,00      ()
                              21 B2
            CHF2Br            HBFC-          Bromodifluoromethane           0,74      380
                              22 B1
            CH2FBr            HBFC-          Bromofluoromethane             0,73      ()
                              31 B1
            C2HFBr4           HBFC-          Tetrabromofluoroethane         0,8       ()
                              121 B4
            C2HF2Br3          HBFC-          Tribromodifluoroethane         1,8       ()
                              122 B3
            C2HF3Br2          HBFC-          Dibromotrifluoroethane         1,6       ()
                              123 B2
            C2HF4Br           HBFC-          Bromotetrafluoroethane         1,2       201
4
   This formula does not refer to 1,1,2-trichloroethane.
                                                         2
 ---pagebreak--- Group Substance                                   Ozone-    GWP3
                                                  depleting
                                                  potential
                                                  2
                124 B1
      C2H2FBr3  HBFC-  Tribromofluoroethane       1,1       ()
                131 B3
      C2H2F2Br2 HBFC-  Dibromodifluoroethane      1,5       ()
                132 B2
      C2H2F3Br  HBFC-  Bromotrifluoroethane       1,6       177
                133 B1
      C2H3FBr2  HBFC-  Dibromofluoroethane        1,7       ()
                141 B2
      C2H3F2Br  HBFC-  Bromodifluoroethane        1,1       ()
                142 B1
      C2H4FBr   HBFC-  Bromofluoroethane          0,1       ()
                151 B1
      C3HFBr6   HBFC-  Hexabromofluoropropane     1,5       ()
                221 B6
      C3HF2Br5  HBFC-  Pentabromodifluoropropane  1,9       ()
                222 B5
      C3HF3Br4  HBFC-  Tetrabromotrifluoropropane 1,8       ()
                223 B4
      C3HF4Br3  HBFC-  Tribromotetrafluoropropane 2,2       ()
                224 B3
      C3HF5Br2  HBFC-  Dibromopentafluoropropane  2,0       ()
                225 B2
      C3HF6Br   HBFC-  Bromohexafluoropropane     3,3       ()
                226 B1
      C3H2FBr5  HBFC-  Pentabromofluoropropane    1,9       ()
                231 B5
      C3H2F2Br4 HBFC-  Tetrabromodifluoropropane  2,1       ()
                232 B4
      C3H2F3Br3 HBFC-  Tribromotrifluoropropane   5,6       ()
                233 B3
      C3H2F4Br2 HBFC-  Dibromotetrafluoropropane  7,5       ()
                                  3
 ---pagebreak--- Group          Substance                                                             Ozone-    GWP3
                                                                                     depleting
                                                                                     potential
                                                                                     2
                              234 B2
               C3H2F5Br       HBFC-          Bromopentafluoropropane                 1,4       ()
                              235 B1
               C3H3FBr4       HBFC-          Tetrabromofluoropropane                 1,9       ()
                              241 B4
               C3H3F2Br3      HBFC-          Tribromodifluoropropane                 3,1       ()
                              242 B3
               C3H3F3Br2      HBFC-          Dibromotrifluoropropane                 2,5       ()
                              243 B2
               C3H3F4Br       HBFC-          Bromotetrafluoropropane                 4,4       ()
                              244 B1
               C3H4FBr3       HBFC-          Tribromofluoropropane                   0,3       ()
                              251 B1
               C3H4F2Br2      HBFC-          Dibromodifluoropropane                  1,0       ()
                              252 B2
               C3H4F3Br       HBFC-          Bromotrifluoropropane                   0,8       ()
                              253 B1
               C3H5FBr2       HBFC-          Dibromofluoropropane                    0,4       ()
                              261 B2
               C3H5F2Br       HBFC-          Bromodifluoropropane                    0,8       ()
                              262 B1
               C3H6FBr        HBFC-          Bromofluoropropane                      0,7       ()
                              271 B1
Group          CHFCl2         HCFC-          Dichlorofluoromethane                   0,040     160
VIII                          215
               CHF2Cl         HCFC-          Chlorodifluoromethane                   0,055     1 960
                              224
               CH2FCl         HCFC-          Chlorofluoromethane                     0,020     79,4
                              31
               C2HFCl4        HCFC-          Tetrachlorofluoroethane                 0,040     58,3
                              121
5
    Identifies the most commercially viable substance as prescribed in the Protocol.
                                                           4
 ---pagebreak--- Group         Substance                                                         Ozone-         GWP3
                                                                                depleting
                                                                                potential
                                                                                2
              C2HF2Cl3       HCFC-        Trichlorodifluoroethane               0,080          56,4
                             122
              C2HF3Cl2       HCFC-        Dichlorotrifluoroethane               0,020          90,4
                             1234
              C2HF4Cl        HCFC-        Chlorotetrafluoroethane               0,022          597
                             1244
              C2H2FCl3       HCFC-        Trichlorofluoroethane                 0,050          306
                             131
              C2H2F2Cl2      HCFC-        Dichlorodifluoroethane                0,050          122
                             132
              C2H2F3Cl       HCFC-        Chlorotrifluoroethane                 0,060          2755
                             133
              C2H3FCl2       HCFC-        Dichlorofluoroethane                  0,070          46,6
                             141
              CH3CFCl2       HCFC-        1,1-Dichloro-1-fluoroethane           0,110          860
                             141b4
              C2H3F2Cl       HCFC-        Chlorodifluoroethane                  0,070          1755
                             142
              CH3CF2Cl       HCFC-        1-Chloro-1,1-difluoroethane           0,065          2 300
                             142b4
              C2H4FCl        HCFC-        Chlorofluoroethane                    0,005          105
                             151
              C3HFCl6        HCFC-        Hexachlorofluoropropane               0,070          1105
                             221
              C3HF2Cl5       HCFC-        Pentachlorodifluoropropane            0,090          5005
                             222
              C3HF3Cl4       HCFC-        Tetrachlorotrifluoropropane           0,080          6955
                             223
              C3HF4Cl3       HCFC-        Trichlorotetrafluoropropane           0,090          1 0905
                             224
6
   Scientific Assessment of Ozone Depletion: 2018; Appendix A Summary of Abundances, Lifetimes, Ozone
   Depletion Potentials (ODPs), Radiative Efficiencies (REs), Global Warming Potentials (GWPs), and Global
   Temperature change Potentials (GTPs)
                                                         5
 ---pagebreak--- Group Substance                                   Ozone-    GWP3
                                                  depleting
                                                  potential
                                                  2
      C3HF5Cl2  HCFC-  Dichloropentafluoropropane 0,070     1 5605
                225
      CF3CF2CH  HCFC-  3,3-Dichloro-1,1,1,2,2-    0,025     137
      Cl2       225ca4 pentafluoropropane
      CF2ClCF2C HCFC-  1,3-Dichloro-1,1,2,2,3-    0,033     568
      HClF      225cb4 pentafluoropropane
      C3HF6Cl   HCFC-  Chlorohexafluoropropane    0,100     2 4555
                226
      C3H2FCl5  HCFC-  Pentachlorofluoropropane   0,090     3505
                231
      C3H2F2Cl4 HCFC-  Tetrachlorodifluoropropane 0,100     6905
                232
      C3H2F3Cl3 HCFC-  Trichlorotrifluoropropane  0,230     1 4955
                233
      C3H2F4Cl2 HCFC-  Dichlorotetrafluoropropane 0,280     3 4905
                234
      C3H2F5Cl  HCFC-  Chloropentafluoropropane   0,520     5 3205
                235
      C3H3FCl4  HCFC-  Tetrachlorofluoropropane   0,090     4505
                241
      C3H3F2Cl3 HCFC-  Trichlorodifluoropropane   0,130     1 0255
                242
      C3H3F3Cl2 HCFC-  Dichlorotrifluoropropane   0,120     2 0605
                243
      C3H3F4Cl  HCFC-  Chlorotetrafluoropropane   0,140     3 3605
                244
      C3H4FCl3  HCFC-  Trichlorofluoropropane     0,010     705
                251
      C3H4F2Cl2 HCFC-  Dichlorodifluoropropane    0,040     2755
                252
      C3H4F3Cl  HCFC-  Chlorotrifluoropropane     0,030     6655
                253
                                   6
 ---pagebreak--- Group    Substance                             Ozone-    GWP3
                                               depleting
                                               potential
                                               2
         C3H5FCl2  HCFC- Dichlorofluoropropane 0,020     845
                   261
         C3H5F2Cl  HCFC- Chlorodifluoropropane 0,020     2275
                   262
         C3H6FCl   HCFC- Chlorofluoropropane   0,030     3405
                   271
Group IX CH2BrCl   BCM   Bromochloromethane    0,12      4,74
                                    7
 ---pagebreak---                                                   ANNEX II
                      Ozone depleting substances referred to in Article 2(1)7
  Substance                                                                 Ozone-depleting            GWP9
                                                                            potential8
  C3H7Br                 1-Bromopropane (n-propyl bromide)                  0,02 — 0,10                0,052
  C2H5Br                 Bromoethane (ethyl bromide)                        0,1 — 0,2                  0,487
  CF3I                   Trifluoroiodomethane (trifluoromethyl 0,01 — 0,02                             ()
                         iodide)
  CH3Cl                  Chloromethane (methyl chloride)                    0,02                       5,54
  C3H2BrF3               2-bromo-3,3,3-trifluoroprop-1-en (2-               0,0510                    ()
                         BTP)
  CH2Cl2                 Dichloromethane (DCM)                              non zero11                 11,2
  C2Cl4                  Tetrachloroethene (Perchloroethylene 0.006 — 0.0074                           ()
                         (PCE))
7
    The Annex includes the substances listed therein and their isomers, whether alone or in a mixture.
8
    The figures relating to ozone-depleting potential are estimates based on existing knowledge and will be
    reviewed and revised periodically in the light of decisions taken by the Parties.
9
    Based on the Sixth Assessment Report, Chapter 7: The Earth's energy budget, climate feedbacks, and
    climate sensitivity - Supplementary Material adopted by the Intergovernmental Panel on Climate Change,
    unless otherwise indicated.

    Default value, global warming potential not yet available.
10
    Scientific Assessment of Ozone Depletion: 2018; Appendix A Summary of Abundances, Lifetimes, Ozone
    Depletion Potentials (ODPs), Radiative Efficiencies (REs), Global Warming Potentials (GWPs), and Global
    Temperature change Potentials (GTPs)
11
    New Ozone-Depleting substances that have been reported by the Parties: Decisions XIII/5, X/8 and IX/24
    (Updated May 2012). https://ozone.unep.org/resources?term_node_tid_depth%5B883%5D=883
                                                             8
 ---pagebreak---                                         ANNEX III
                                       Process agents
1. Processes referred to in Article 7 shall be any of the following:
       (a)   use of carbon tetrachloride for the elimination of nitrogen trichloride in the
             production of chlorine and caustic soda;
       (b)   use of carbon tetrachloride in the manufacture of chlorinated rubber;
       (c)   use of carbon tetrachloride in the manufacture of poly-phenylene-
             terephthalamide;
       (d)   use      of     CFC-12        in     the      photochemical     synthesis   of
             perfluoropolyetherpolyperoxide precursors of Z-perfluoropolyethers and
             difunctional derivatives;
       (e)   use of carbon tetrachloride in production of cyclodime.
2. The maximum amount of ozone depleting substances that may be used as process agents
   within the Union shall not exceed 921 metric tonnes per year. The maximum amount of
   ozone depleting substances that may be released from process agent uses within the
   Union shall not exceed 15 metric tonnes per year.
                                                 9
 ---pagebreak---                                           ANNEX IV
   Conditions for the placing on the market and further distribution of ozone depleting
    substances for essential laboratory and analytical uses referred to in Article 8(6)
1.      Ozone depleting substances for essential laboratory and analytical uses shall be of the
        following purities:
           Substance                               %
           CTC (reagent grade)                     99,5
           1,1,1-trichloroethane                   99,0
           CFC 11                                  99,5
           CFC 13                                  99,5
           CFC 12                                  99,5
           CFC 113                                 99,5
           CFC 114                                 99,5
           Other ozone depleting substances 99,5
           with a boiling point > 20 °C
           Other ozone depleting substances 99,0
           with a boiling point < 20 °C
     These ozone depleting substances may be subsequently mixed by producers, agents, or
     distributors with other chemicals whether or not subject to control under the Protocol as
     is customary for laboratory and analytical uses.
2.   Ozone depleting substances referred to in point 1 and mixtures containing those
     substances shall be supplied only in re-closable containers or high pressure cylinders
     smaller than three litres or in 10 millilitre or smaller glass ampoules, marked clearly as
     substances that deplete the ozone layer, restricted to laboratory and analytical uses and
     specifying that used or surplus substances are to be collected and recycled, if practical.
     The material shall be destroyed if recycling is not practical.
3.   Used or surplus ozone depleted substances referred to in point 1 and mixtures containing
     those substances shall be collected and recycled if practical. Those substances and their
     mixtures shall be destroyed, if recycling is not practical.
                                                    10
 ---pagebreak---                                          ANNEX V
                     Critical uses of halon referred to in Article 9(1)
   For the purposes of this Annex, the following definitions shall apply:
1.     ‘cut-off date’ means the date after which halons shall not be used for fire
       extinguishers or fire protection systems in new equipment and new facilities for the
       application concerned;
2.     ‘new equipment’ means equipment for which, by the cut-off date, neither of the
       following events has occurred:
              (a)  signature of the relevant procurement or development contract;
              (b)  submission of a request for type approval or type certification to the
                   appropriate regulatory authority. For aircraft, submission of a request for
                   type certification refers to a submission of a request for a new aircraft
                   type certification;
3.     ‘new facilities’ means facilities for which, by the cut-off date, neither of the
       following events has occurred:
              (a)  signature of the relevant development contract;
              (b)  submission of a request for planning consent to the appropriate
                   regulatory authority;
4.     ‘end date’ means the date after which halons shall not be used for the application
       concerned and by which date the fire extinguishers or fire protection systems
       containing halons shall be decommissioned;
5.     ‘inerting’ means preventing the initiation of combustion of a flammable or explosive
       atmosphere by means of the addition of an inhibiting or diluting agent;
6.      ‘normally occupied space’ means a protected space in which it is necessary for
       persons to be present most or all of the time in order for the equipment or facility to
       function effectively. For military applications, the occupancy status of the protected
       space would be that applicable during a combat situation;
7.      ‘normally unoccupied space’ means a protected space that is occupied for limited
       periods only, in particular for undertaking maintenance, and where the continual
       presence of persons is not necessary for the effective functioning of the equipment or
       facility.
                                                 11
 ---pagebreak---                          CRITICAL USES OF HALONS
                       Application                    Cut-off  End date
                                                      date
Category of     Purpose          Type of      Type of          (31
equipment or                     extinguisher halon   (31      December
facility                                              December of the
                                                      of the   stated year)
                                                      stated
                                                      year)
1.On military   1.1. For the Fixed system     1301    2010     2035
ground vehicles protection of
                engine                        1211
                compartments
                                              2402
                1.2. For the Fixed system     1301    2011     2040
                protection of
                crew                          2402
                compartments
2.On military   2.1. For the Fixed system     1301    2010     2040
surface ships   protection of
                normally                      2402
                occupied
                machinery
                spaces
                2.2. For the Fixed system     1301    2010     2035
                protection of
                normally                      1211
                unoccupied
                engine spaces                 2402
                2.3. For the Fixed system     1301    2010     2030
                protection of
                normally                      1211
                unoccupied
                electrical
                compartments
                2.4. For the Fixed system     1301    2010     2030
                protection of
                command
                centres
                2.5. For the Fixed system     1301    2010     2030
                protection of
                fuel       pump
                rooms
                                           12
 ---pagebreak---               2.6. For the Fixed system  1301 2010 2030
              protection of
              flammable                  1211
              liquid storage
              compartments               2402
3.On military 3.1. For the Fixed system  1301 2010 2040
submarines    protection of
              machinery
              spaces
              3.2. For the Fixed system  1301 2010 2040
              protection of
              command
              centres
              3.3. For the Fixed system  1301 2010 2040
              protection of
              diesel
              generator
              spaces
              3.4. For the Fixed system  1301 2010 2040
              protection of
              electrical
              compartments
4.On aircraft 4.1. For the Fixed system  1301 2024 2040
              protection of
              normally                   1211
              unoccupied
              cargo                      2402
              compartments
              4.2. For the Portable      1211 2014 2025
              protection of extinguisher
              cabins      and            2402
              crew
              compartments
              4.3. For the Fixed system  1301 2014 2040
              protection of
              engine                     1211
              nacelles and
              auxiliary                  2402
              power units
              4.4. For the Fixed system  1301 2011 2040
              inerting of fuel
              tanks                      2402
              4.6. For the Fixed system  1301 2011 2040
              protection of
                                      13
 ---pagebreak--- dry bays    1211
            2402
         14
 ---pagebreak---                                      ANNEX VI
                        Reporting referred to in Article 24
1. For the purpose of this Annex, production covers the amount of ozone depleting
   substances produced intentionally or inadvertently, including as a by-product unless
   that by-product is destroyed as part of the manufacturing process or following a
   documented procedure in compliance with this Regulation and Union and national
   legislation on waste, but not including the amounts recycled or reclaimed.
2. Each producer shall communicate the following data separately for each ozone
   depleting substance:
   (a)   its total production;
   (b)   any production placed on the market or used for the producer’s own account
         within the Union, separately identifying production for feedstock, process
         agent and other uses;
   (c)   any production to meet the essential laboratory and analytical uses in the
         Union;
   (d)   any production to satisfy essential laboratory and analytical uses of another
         Party to the Protocol;
   (e)   any quantity recycled, reclaimed or destroyed and the technology used for the
         destruction, including amounts produced and destroyed as by-product as
         referred to in point 1;
   (f)   any stocks;
   (g)   any purchases from and sales to other undertakings in the Union;
   (h)   any emissions, including those related to production, by-production, storage
         and transport, including the transfer from one container to another.
3. Each importer shall communicate the following data separately for each ozone
   depleting substance:
   (a)   any quantities released for free circulation in the Union, separately identifying
         imports for feedstock and process agent uses, for essential laboratory and
         analytical uses and for destruction. Importers which imported controlled
         substances for destruction shall also communicate the actual final destination
         or destinations of each of the substances, providing separately for each
         destination the quantity of each of the substances and the name and address of
         destruction facility where the substance was delivered;
   (b)   any quantities imported under other customs procedures separately identifying
         the customs procedure and the designated uses;
   (c)   any quantities of used substances imported for recycling or reclamation;
   (d)   any stocks;
   (e)   any purchases from and sales to other undertakings in the Union;
                                             15
 ---pagebreak---       (f)    the origin country.
4.    Each exporter shall communicate the following data separately for each ozone
      depleting substance:
       (a)   any quantities of such substances exported, separately identifying quantities
             exported to each country of destination and quantities exported for feedstock
             and process agent uses, essential laboratory and analytical uses and critical
             uses;
      (b)    any stocks;
      (c)    any purchases from and sales to other undertakings in the Union;
      (d)    the country of origin.
5.    Each undertaking destroying ozone depleting substances and not covered by point
      2(e) of this Annex, shall communicate the following data, separately for each
      substance:
      (a)    any quantities destroyed, including quantities contained in products or
             equipment;
      (b)    any stocks waiting to be destroyed, including quantities contained in products
             or equipment;
      (c)    the technology used for the destruction;
      (d)    any emissions, including those linked to destruction, transport and storage,
             including the transfer from one container to another.
   Each undertaking destroying ozone depleting substances listed in Annex I and not
   covered by point 2(e) of this Annex shall also communicate data on any purchases from
   and sales to other undertakings in the Union.
6.    Each undertaking using as feedstock or process agents ozone depleting substances,
      shall communicate the following data, separately for each substance:
      (a)    any quantities used as feedstock or process agents;
      (b)    any stocks;
      (c)    the processes and any emissions, including those linked to transport and
             storage, including the transfer from one container to another.
   Each undertaking using as feedstock or process agents ozone depleting substances listed
   in Annex I shall also communicate data on any purchases from and sales to other
   undertakings in the Union.
                                                 16
 ---pagebreak---                                        ANNEX VII
                                    Licensing System
1. Undertakings shall provide the following information to the Commission for
   registration purposes in the licensing system referred to in Article 16:
   (a)   the undertaking’s contact details, including a telephone number, name as it
         appears in relevant official documents and its full address including, where
         applicable, of the only representative referred to in Article 16(3);
   (b)   the Economic Operators Registration and Identification (EORI) number;
   (c)   the full name and electronic address of a contact person of the undertaking
         including where applicable, of the only representative referred to in Article
         16(3);
   (d)   a description of the undertaking’s business activities (including whether the
         undertaking is an importer of substances or exporter of substances);
   (e)   written confirmation of the undertaking’s intention to register confirming the
         correctness and accuracy of the information provided in the licensing system,
         signed by a beneficial owner or employee of the undertaking who is authorised
         to make legally binding statements on behalf of the undertaking, and, where
         applicable, also by the undertaking’s only representative referred to in Article
         16(3);
   (f)   any other information necessary for the identification of the legal or financial
         format or business specifications of the undertaking.
2. Undertakings shall provide the following information to the Commission for the
   purpose of applying for a licence required under Article 13(2) and Article 14(3), via
   an electronic format provided by the licensing system:
   (a)   in the case of imports or exports of ozone depleting substances, a description of
         each of these substances, including:
         (i)    the name and intended use of the substance;
         (ii)   the tariff classification number of the goods in the integrated Tariff of the
                European Union ‘TARIC’;
         (iii) whether the substance is in a mixture.
   (b)   In the case of imports or exports of products and equipment containing, or
         whose functioning relies upon, ozone depleting substances:
         (i)    the type and intended use of the products and equipment;
         (ii)   the name of the substance;
         (iii) the tariff classification number of the goods in the integrated Tariff of the
                European Union ‘TARIC’.
                                              17
 ---pagebreak--- (c) in the case of imports of controlled substances or products and equipment for
    destruction, the name(s) and address(es) of the facility(ies) where they will be
    destroyed;
(d) any further information deemed necessary to ensure the correct implementation
    of the import and export rules under this Regulation and in accordance with
    international obligations.
                                       18
 ---pagebreak---                           ANNEX VIII
                         Correlation table
Regulation (EC) No 1005/2009      This Regulation
Article 1                         Article 1
Article 2                         Article 2
Article 3(1)                      Article 3(1)
Article 3(2)                      -
Article 3(3)                      -
Article 3(4)                      -
Article 3(5)                      -
Article 3(6)                      -
Article 3(7)                      -
Article 3(8)                      -
Article 3(9)                      -
Article 3(10)                     -
Article 3(11)                     Article 3(1)
Article 3(12)                     Article 3(2)
Article 3(13)                     -
Article 3(14)                     Annex VI, point (1)
Article 3(15)                     -
Article 3(16)                     -
Article 3(17)                     -
Article 3(18)                     Article 3(3)
Article 3(19)                     Article 3(4)
Article 3(20)                     Article 3(5)
Article 3(21)                     Article 3(6)
Article 3(22)                     -
                                    19
 ---pagebreak--- Regulation (EC) No 1005/2009    This Regulation
Article 3(23)                   Article 3(7)
Article 3(24)                   Article 3(8)
Article 3(25)                   Article 3(9)
Article 3(26)                   Article 3(10)
Article 3(27)                   -
Article 3(28)                   -
Article 3(29)                   -
Article 3(30)                   Article 3(12)
Article 3(31)                   Article 3(11)
Article 4                       Article 4(1)
Article 5(1)                    Article 4(1)
Article 5(2)                    Article 15(1), first subparagraph
Article 5(3)                    -
Article 6(1)                    Article 5(1) and 11(1)
Article 6(2)                    Article 11(2)
Article 7(1)                    Article 6
Article 7(2)                    Article 15(3)
Article 8(1)                    Article 7(1)
Article 8(2)                    Article 7(2)
Article 8(3)                    Article 15(3)
Article 8(4) first subparagraph Article 7(3)
Article 8(4) second and third Annex III
subparagraphs
Article 8(5)                    Article 7(4)
Article 9                       Article 12
Article 10(1)                   Article 8(1)
Article 10(2)                   Article 8(2)
                                  20
 ---pagebreak--- Regulation (EC) No 1005/2009         This Regulation
Article 10(3) first and second Article 15(3)
subparagraphs
Article 10(3) third subparagraph     Article 8(6)
Article 10(4)-(8)                    -
Article 11                           -
Article 12(1)                        -
Article 12(2)                        -
Article 12(3)                        Article 10(1) and (2)
Article 13(1)                        Article 9(1)
Article 13(2)                        Article 9(3)
Article 13(3)                        Article 9(2)
Article 13(4)                        Article 9(4)
Article 14                           -
Article 15(1)                        Article 4(2) and Article 5(2)
Article 15(2) points (a)-(d)         Article 13(1) points (a)-(d)
Article 15(2) point (e)              -
Article 15(2) point (f) first phrase Article 13(e)
Article 15(2) point (f) second and -
third phrases
Article 15(2) point (g)              Article 13(1), point (f)
Article 15(2), point (h)             Article 13(1), point (h)
Article 15(2), point (i)             Article 13(1), point (i)
Article 15(2), point (j)             Article 13(1), point (g)
Article 15(2) point (k)              -
Article 15(3)                        Article 13(2)
Article 16                           -
Article 17(1)                        Article 4(2) and Article 5(2)
                                       21
 ---pagebreak--- Regulation (EC) No 1005/2009      This Regulation
Article 17(2) points (a)-(c)      Article 14(1)(a)-(c)
Article 17(2) points (d)          Article 14(1) point (g)
Article 17(2) point (e)           Article 14(1) point (e)
Article 17(2) point (f)           Article 14(1) point (d)
Article 17(2) points (g)-(h)      -
Article 17(3)                     Article 14(2)
Article 17(4)                     Article 14(3)
Article 18(1)                     Article 16(1)
Article 18(2)                     Article 16(2)
Article 18(3)                     Annex VI, point 2
Article 18(4)                     Article 16(5)
Article 18(5)                     Annex VII, point 7
Article 18(6), first phrase       Article 16(8)
Article 18(6), second phrase and -
points (a) and (b)
Article 18(7)                     -
Article 18(8)                     -
Article 18(9)                     Article 16(13)
Article 19                        Article 18
Article 20                        Article 19
Article 21                        -
Article 22(1)                     Article 20(1)
Article 22(2)                     Article 20(7)
Article 22(3)                     -
Article 22(4) first subparagraph  Article 20(6)
Article 22(4) second subparagraph Article 20(8)
Article 22(5) first subparagraph  Article 20(9)
                                    22
 ---pagebreak--- Regulation (EC) No 1005/2009     This Regulation
Article 22(5) second and third -
subparagraphs
Article 23(1)                    Article 21(2)
Article 23(2)                    -
Article 23(3)                    Article 21(4)
Article 23(4) first subparagraph Article 21(4)
first sentence
Article 23(4) first subparagraph -
second sentence, and second
subparagraph
Article 23(5)                    Article 20(1)
Article 23(6)                    Article 20(2)
Article 23(7)                    -
Article 24(1)                    -
Article 24(2)                    -
Article 24(3)                    Article 22(2)
Article 25                       Article 28
Article 26                       Article 23
Article 27(1)                    Article 24(1)
Article 27(2)-(6)                Annex VI
Article 27(7)                    -
Article 27(8)                    Article 24(2)
Article 27(9)                    Article 24(3)
Article 27(10)                   Article 24(4)
Article 28(1), first sentence    Article 26(1)
Article 28(1), second sentence   Article 26(2), third subparagraph
Article 28(2)                    -
Article 28(3)                    Article 25(6)
                                   23
 ---pagebreak--- Regulation (EC) No 1005/2009 This Regulation
Article 28(4)                Article 25(7)
Article 28(5)                Article 25(5)
Article 29                   Article 27(1)
Article 30                   Article 31
Article 31                   Article 32
Annex I                      Annex I
Annex I                      Annex II
Annex III                    Annex III
Annex IV                     -
Annex V                      Annex IV
Annex VI                     Annex V
Annex VII                    -
Annex VIII                   Annex VIII
                               24