Article 1 
Scope This Regulation shall apply to the production, importation, exportation, supply, use and recovery of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide, hydrobromofluorocarbons and hydrochlorofluorocarbons. It shall also apply to the reporting of information on these substances. Article 2 Definitions For the purposes of this Regulation: - 'Protocol' shall mean the Montreal Protocol on Substances that Deplete the Ozone Layer, whether in the original 1987 version as adjusted in 1990 and 1992, the amended 1990 version as adjusted in 1992, or the amended 1992 version, - 'Party' shall mean any Party to the Protocol, - 'State not Party to the Protocol' shall, with respect to a particular controlled substance, include any State or regional economic-integration organization that has not agreed to be bound by the control measures applicable to that substance, - 'controlled substances' shall mean chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide, hydrobromofluorocarbons and hydrochlorofluorocarbons, whether alone or in a mixture. This definition shall not cover any controlled substance which is in a manufactured product other than a container used for the transportation or storage of that substance, or insignificant quantities of any controlled substance, originating from inadvertent or coincidental production during a manufacturing process, from unreacted feedstock, or from use as a processing agent which is present in chemical substances as trace impurities, or that is emitted during product manufacture or handling; - 'chlorofluorocarbons' shall mean the controlled substances listed in Group I of Annex I, including their isomers, - 'other fully halogenated chlorofluorocarbons' shall mean the controlled substances listed in Group II of Annex I, including their isomers, - 'halons' shall mean the controlled substances listed in Group III of Annex I, including their isomers, - 'carbon tetrachloride' shall mean the controlled substance specified in Group IV of Annex I, - '1,1,1-trichloroethane' shall mean the controlled substance specified in Group V of Annex I, - 'methyl bromide' shall mean the controlled substance specified in Group VI of Annex I, - 'hydrobromofluorocarbons' shall mean the controlled substances listed in Group VII of Annex I, including their isomers, - 'hydrochlorofluorocarbons' shall mean the controlled substances listed in Group VIII of Annex I, including their isomers, - 'producer' shall mean any natural or legal person manufacturing controlled substances within the Community, - 'production' shall mean the amount of controlled substances produced, less the amount destroyed by technologies approved by the Parties and less the amount entirely used as feedstock in the manufacture of other chemicals. No amount recovered and reclaimed shall be considered as 'production', - 'undertaking' shall mean any natural or legal person who produces, recycles for placing on the market or uses controlled substances for industrial or commercial purposes in the Community, who releases such imported substances for free circulation in the Community, or who exports such substances from the Community for industrial or commercial purposes, - 'ozone-depleting potential' shall mean the figure specified in the final column of Annex I representing the potential effect of each controlled substance on the ozone layer, - 'calculated level' shall mean a quantity determined by multiplying the quantity of each controlled substance by its ozone-depleting potential as specified in Annex I and by adding together, for each group of controlled substances in Annex I separately, the resulting figures, - 'industrial rationalization' shall mean the transfer either between Parties or within a Member State of all or a portion of the calculated level of production of one producer to another, for the purpose of optimizing economic efficiency or responding to anticipated shortfalls in supply as a result of plant closures, - 'recovery' shall mean the collection and the storage of controlled substances from, for example, machinery, equipment and containment vessels during servicing or before disposal, - 'recycling' shall mean the reuse of a recovered controlled substance following a basic cleaning process such as filtering and drying. For refrigerants, recycling normally involves recharge back into equipment as is often carried out on site, - 'reclamation' shall mean the reprocessing and upgrading of a recovered controlled substance through such processes as filtering, drying, distillation and chemical treatment in order to restore the substance to a specified standard of performance, which often involves processing off site at a central facility.
Article 2 
Definitions For the purposes of this Regulation: - 'Protocol' shall mean the Montreal Protocol on Substances that Deplete the Ozone Layer, whether in the original 1987 version as adjusted in 1990 and 1992, the amended 1990 version as adjusted in 1992, or the amended 1992 version, - 'Party' shall mean any Party to the Protocol, - 'State not Party to the Protocol' shall, with respect to a particular controlled substance, include any State or regional economic-integration organization that has not agreed to be bound by the control measures applicable to that substance, - 'controlled substances' shall mean chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide, hydrobromofluorocarbons and hydrochlorofluorocarbons, whether alone or in a mixture. This definition shall not cover any controlled substance which is in a manufactured product other than a container used for the transportation or storage of that substance, or insignificant quantities of any controlled substance, originating from inadvertent or coincidental production during a manufacturing process, from unreacted feedstock, or from use as a processing agent which is present in chemical substances as trace impurities, or that is emitted during product manufacture or handling; - 'chlorofluorocarbons' shall mean the controlled substances listed in Group I of Annex I, including their isomers, - 'other fully halogenated chlorofluorocarbons' shall mean the controlled substances listed in Group II of Annex I, including their isomers, - 'halons' shall mean the controlled substances listed in Group III of Annex I, including their isomers, - 'carbon tetrachloride' shall mean the controlled substance specified in Group IV of Annex I, - '1,1,1-trichloroethane' shall mean the controlled substance specified in Group V of Annex I, - 'methyl bromide' shall mean the controlled substance specified in Group VI of Annex I, - 'hydrobromofluorocarbons' shall mean the controlled substances listed in Group VII of Annex I, including their isomers, - 'hydrochlorofluorocarbons' shall mean the controlled substances listed in Group VIII of Annex I, including their isomers, - 'producer' shall mean any natural or legal person manufacturing controlled substances within the Community, - 'production' shall mean the amount of controlled substances produced, less the amount destroyed by technologies approved by the Parties and less the amount entirely used as feedstock in the manufacture of other chemicals. No amount recovered and reclaimed shall be considered as 'production', - 'undertaking' shall mean any natural or legal person who produces, recycles for placing on the market or uses controlled substances for industrial or commercial purposes in the Community, who releases such imported substances for free circulation in the Community, or who exports such substances from the Community for industrial or commercial purposes, - 'ozone-depleting potential' shall mean the figure specified in the final column of Annex I representing the potential effect of each controlled substance on the ozone layer, - 'calculated level' shall mean a quantity determined by multiplying the quantity of each controlled substance by its ozone-depleting potential as specified in Annex I and by adding together, for each group of controlled substances in Annex I separately, the resulting figures, - 'industrial rationalization' shall mean the transfer either between Parties or within a Member State of all or a portion of the calculated level of production of one producer to another, for the purpose of optimizing economic efficiency or responding to anticipated shortfalls in supply as a result of plant closures, - 'recovery' shall mean the collection and the storage of controlled substances from, for example, machinery, equipment and containment vessels during servicing or before disposal, - 'recycling' shall mean the reuse of a recovered controlled substance following a basic cleaning process such as filtering and drying. For refrigerants, recycling normally involves recharge back into equipment as is often carried out on site, - 'reclamation' shall mean the reprocessing and upgrading of a recovered controlled substance through such processes as filtering, drying, distillation and chemical treatment in order to restore the substance to a specified standard of performance, which often involves processing off site at a central facility.
Article 3 
Control of production of controlled substances 1. Subject to paragraphs 8 to 12, each producer shall ensure that: - the calculated level of his production of chlorofluorocarbons in the period 1 January to 31 December 1994 does not exceed 15 % of the calculated level of his production of chlorofluorocarbons in 1986, - he produces no chlorofluorocarbons after 31 December 1994. However, subject to paragraphs 8 to 12, each producer in a Member State in which the calculated level of production of chlorofluorocarbons was less than 15 000 tonnes in 1986 shall ensure that: - the calculated level of his production of chlorofluorocarbons in the period 1 January to 31 December 1994 and in the following 12-month period does not exceed 15 % of the calculated level of his production in 1986, - he produces no chlorofluorocarbons after 31 December 1995. In the light of the nominations made by Member States the Commission shall, in accordance with the procedure laid down in Article 16, apply the criteria set out in Decision IV/25 of the Parties to the Montreal Protocol in order to determine every year any essential uses for which the production and importation of chlorofluorocarbons may be permitted in the Community after 31 December 1994 and those users who may take advantage of those essential uses for their own account. Such production and importation shall be allowed only if no adequate alternatives or recycled chlorofluorocarbons are available from any of the Parties to the Protocol. The Commission shall issue licences to those users identified as laid down in the third subparagraph and shall notify them of the use for which they have authorization and the substances and the quantities of them that they are authorized to use. A producer may be authorized by the competent authority of the Member State in which his relevant production is situated to produce chlorofluorocarbons after 31 December 1994 for the purpose of meeting the licensed demands presented by users identified as laid down in the third subparagraph. The competent authority of the Member State concerned shall notify the Commission in advance of its intention of issuing any such authorization. - the calculated level of his production of other fully halogenated chlorofluorocarbons in the period 1 January to 31 December 1994 does not exceed 15 % of the calculated level of his production of other fully halogenated chlorofluorocarbons in 1989, - he produces no other fully halogenated chlorofluorocarbons after 31 December 1994. In the light of the nominations made by Member States the Commission shall, in accordance with the procedure laid down in Article 16, apply the criteria set out in Decision IV/25 of the Parties to the Montreal Protocol in order to determine every year any essential uses for which the production and importation of other fully halogenated chlorofluorocarbons may be permitted in the Community after 31 December 1994 and those users who may take advantage of those essential uses for their own account. Such production and importation shall be allowed only if no adequate alternatives or recycled other fully halogenated chlorofluorocarbons are available from any of the Parties to the Protocol. The Commission shall issue licences to those users identified as laid down in the second subparagraph and shall notify them of the use for which they have authorization and the substances and the quantities of them that they are authorized to use. A producer may be authorized by the competent authority of the Member State in which his relevant production is situated to produce other fully halogenated chlorofluorocarbons after 31 December 1994 for the purpose of meeting the licensed demands presented by users identified as laid down in the second subparagraph. The competent authority of the Member State concerned shall notify the Commission in advance of its intention of issuing any such authorization. 3. Subject to paragraphs 8 to 12, each producer shall ensure that he produces no halons after 31 December 1993. In the light of the nominations made by Member States the Commission shall, in accordance with the procedure laid down in Article 16, apply the criteria set out in Decision IV/25 of the Parties to the Montreal Protocol in order to determine every year any essential uses for which the production and importation of halons may be permitted in the Community after 31 December 1993 and those users who may take advantage of those essential uses for their own account. Such production and importation shall be allowed only if no adequate alternatives or recycled halons are available from any of the Parties to the Protocol. A producer may be authorized by the competent authority of the Member State in which his relevant production is situated to produce halons after 31 December 1993 for the purpose of meeting the licensed demands presented by users identified as laid down in the second subparagraph. The competent authority of the Member State concerned shall notify the Commission in advance of its intention of issuing any such authorization. - the calculated level of his production of carbon tetrachloride in the period 1 January to 31 December 1994 does not exceed 15 % of the calculated level of his production of carbon tetrachloride in 1989, - he produces no carbon tetrachloride after 31 December 1994. In the light of the nominations made by Member States the Commission shall, in accordance with the procedure laid down in Article 16, apply the criteria set out in Decision IV/25 of the Parties to the Montreal Protocol in order to determine every year any essential uses for which the production and importation of carbon tetrachloride may be permitted in the Community after 31 December 1994 and those users who may take advantage of those essential uses for their own account. Such production and importation shall be allowed only if no adequate alternatives or recycled carbon tetrachloride are available from any of the Parties to the Protocol. A producer may be authorized by the competent authority of the Member State in which his relevant production is situated to produce carbon tetrachloride after 31 December 1994 for the purpose of meeting the licensed demands presented by users identified as laid down in the second subparagraph. The competent authority of the Member State concerned shall notify the Commission in advance of its intention of issuing any such authorization. - the calculated level of his production of 1,1,1-trichloroethane in the period 1 January to 31 December 1994 and in the following 12-month period does not exceed 50 % of the calculated level of his production of 1,1,1-trichloroethane in 1989, - he produces no 1,1,1-trichloroethane after 31 December 1995. In the light of the nominations made by Member States the Commission shall, in accordance with the procedure laid down in Article 16, apply the criteria set out in Decision IV/25 of the Parties to the Montreal Protocol in order to determine every year any essential uses for which the production and importation of 1,1,1-trichloroethane may be permitted in the Community after 31 December 1995 and those users who may take advantage of those essential uses for their own account. Such production and importation shall be allowed only if no adequate alternatives or recycled 1,1,1-trichloroethane are available from any of the Parties to the Protocol. A producer may be authorized by the competent authority of the Member State in which his relevant production is situated to produce 1,1,1-trichloroethane after 31 December 1995 for the purpose of meeting the licensed demands presented by users identified as laid down in the second subparagraph. The competent authority of the Member State concerned shall notify the Commission in advance of its intention of issuing any such authorization. - the calculated level of his production of methyl bromide in the period 1 January to 31 December 1995 and in each 12-month period thereafter does not exceed the calculated level of his production of methyl bromide in 1991, - the calculated level of his production of methyl bromide in the period 1 January to 31 December 1998 and in each 12-month period thereafter does not exceed 75 % of the caclculated level of his production of methyl bromide in 1991. The calculated level of each producer's production of methyl bromide under this paragraph shall not include the amount he produces for quarantine and pre-shipment applications. 7. Subject to paragraphs 10 to 12, each producer shall ensure that he produces no hydrobromofluorocarbons after 31 December 1995. In the light of the nominations made by Member States the Commission shall, in accordance with the procedure laid down in Article 16, apply the criteria set out in Decision IV/25 of the Parties to the Montreal Protocol in order to determine every year any essential uses for which the production and importation of hydrobromofluorocarbons may be permitted in the Community after 31 December 1995 and those users who may take advantage of those essential uses for their own account. Such production and importation shall be allowed only if no adequate alternatives or recycled hydrobromofluorocarbons are available from any of the Parties to the Protocol. A producer may be authorized by the competent authority of the Member State in which his relevant production is situated to produce hydrobromofluorocarbons after 31 December 1995 for the purpose of meeting the licensed demands presented by users identified as laid down in the second subparagraph. The competent authority of the Member State concerned shall notify the Commission in advance of its intention of issuing any such authorization. 8. To the extent permitted by the Protocol, the competent authority of the Member State in which a producer's relevant production is situated may authorize him to exceed the calculated levels of production laid down in paragraphs 1 to 6 in order to satisfy the basic domestic needs of Parties pursuant to Article 5 of the Protocol, provided that the additional calculated levels of production of the Member State concerned do not exceed those permitted for that purpose by Articles 2A to 2E and 2H of the Protocol for the periods in question. The competent authority of the Member State concerned shall notify the Commission in advance of its intention of issuing any such authorization. 9. To the extent permitted by the Protocol, the competent authority of the Member State in which a producer's relevant production is situated may authorize him to exceed the calculated levels of production laid down in paragraphs 1 to 5 and 7 in order to satisfy any essential uses of Parties at their request. The competent authority of the Member State concerned shall notify the Commission in advance of its intention of issuing any such authorization. 10. To the extent permitted by the Protocol, the competent authority of the Member State in which a producer's relevant production is situated may authorize him to exceed the calculated levels of production laid down in paragraphs 1 to 9 for the purpose of industrial rationalization within the Member State concerned, provided that the calculated levels of production of that Member State do not exceed the sum of the calculated levels of production of its domestic producers as laid down in paragraphs 1 to 9 for the periods in question. The competent authority of the Member State concerned shall notify the Commission in advance of its intention of issuing any such authorization. 11. To the extent permitted by the Protocol, the Commission may, in agreement with the competent authority of the Member State in which a producer's relevant production is situated, authorize him to exceed the calculated levels of production laid down in paragraphs 1 to 10 for the purpose of industrial rationalization between Member States, provided that the combined calculated levels of production of the Member States concerned do not exceed the sum of the calculated levels of production of their domestic producers as laid down in paragraphs 1 to 10 for the periods in question. The agreement of the competent authority of the Member State in which it is intended to reduce production shall also be required. 12. To the extent permitted by the Protocol, the Commission may, in agreement with both the competent authority of the Member State in which a producer's relevant production is situated and the government of the third Party concerned, authorize a producer to combine the calculated levels of production laid down in paragraphs 1 to 11 with the calculated levels of production allowed to a producer in a third Party under the Protocol and that producer's national legislation for the purpose of industrial rationalization with a third Party, provided that the combined calculated levels of production by the two producers do not exceed the sum of the calculated levels of production allowed to the Community producer under paragraphs 1 to 11 and the calculated levels of production allowed to the third Party producer under the Protocol and his national legislation. Article 4 Control of the supply of controlled substances 1. Subject to paragraph 10, each producer shall ensure that: - the calculated level of chlorofluorocarbons which he places on the market or uses for his own account in the period 1 January to 31 December 1994 does not exceed 15 % of the calculated level of chlorofluorocarbons which he placed on the market or used for his own account in 1986, - he does not place any chlorofluorocarbons on the market or use any for his own account after 31 December 1994. The competent authority of the Member State in which a producer's production is situated may authorize him to place chlorofluorocarbons on the market after 31 December 1994 for the purpose of meeting the licensed demands of those users identified as laid down in Article 3 (1). - the calculated level of other fully halogenated chlorofluorocarbons which he places on the market or uses for his own account in the period 1 January to 31 December 1994 does not exceed 15 % of the calculated level of other fully halogenated chlorofluorocarbons which he placed on the market or used for his own account in 1989, - he does not place any other fully halogenated chlorofluorocarbons on the market or use any for his own account after 31 December 1994. The competent authority of the Member State in which a producer's production is situated may authorize him to place other fully halogenated chlorofluorocarbons on the market after 31 December 1994 for the purpose of meeting the licensed demands of those users identified as laid down in Article 3 (2). 3. Subject to paragraph 10, each producer shall ensure that he does not place any halons on the market or use any for his own account after 31 December 1993. The competent authority of the Member State in which a producer's production is situated may authorize him to place halons on the market after 31 December 1993 for the purpose of meeting the licensed demands of those users identified as laid down in Article 3 (3). - the calculated level of carbon tetrachloride which he places on the market or uses for his own account in the period 1 January to 31 December 1994 does not exceed 15 % of the calculated level of carbon tetrachloride which he placed on the market or used for his own account in 1989, - he does not place any carbon tetrachloride on the market or use any for his own account after 31 December 1994. The competent authority of the Member State in which a producer's production is situated may authorize him to place carbon tetrachloride on the market after 31 December 1994 for the purpose of meeting the licensed demands of those users identified as laid down in Article 3 (4). - the calculated level of 1,1,1-trichchlorethane which he places on the market or uses for his own account in the period 1 January to 31 December 1994 and in the following 12-month period does not exceed 50 % of the calculated level of 1,1,1-trichlorethane which he placed on the market or used for his own account in 1989, - he does not place any 1,1,1-trichloroethane on the market or use any for his own account after 31 December 1995. The competent authority of the Member State in which a producer's production is situated may authorize him to place 1,1,1-trichloroethane on the market after 31 December 1995 for the purpose of meeting the licensed demands of those users identified as laid down in Article 3 (5). - the calculated level of methyl bromide which he places on the market or uses for his own account in the period 1 January to 31 December 1995 and in each 12-month period thereafter does not exceed the calculated level of methyl bromide which he placed on the market or used for his own account in 1991, - the calculated level of methyl bromide which he places on the market or uses for his own account in the period 1 January to 31 December 1998 and in each 12-month period thereafter does not exceed 75 % of the calculated level of methyl bromide which he placed on the market or used for his own account in 1991, The calculated level of methyl bromide which each producer places on the market or uses for his own account under this paragraph shall not include any amounts he places on the market or uses for his own account for quarantine and pre-shipment application. 7. Subject to paragraph 10, each producer shall ensure that he does not place any hydrobromofluorocarbons on the market or use any for his own account after 31 December 1995. The competent authority of the Member State in which a producer's production is situated may authorize him to place hydrobromofluorocarbons on the market after 31 December 1995 for the purpose of meeting the licensed demands of those users identified as laid down in Article 3 (7). 8. Subject to paragraph 10: - the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January to 31 December 1995 and in each 12-month period thereafter shall not exceed the sum of: - 2,6 % of the caculated level of chlorofluorocarbons which producers and importers placed on the market or used for their own account in 1989, and - the calculated level of hydrochlorofluorocarbons which producers and importers placed on the market or used for their own account in 1989. To this end the Commission shall, in accordance with the procedure laid down in Article 16, assign a quota to each producer or importer when the total quantitiy which producers and importers place on the market or use for their own account reaches 80 % of the quantitiy defined by the sum described above or at the latest on 1 January 2000, whichever comes first, - the calculated level of hydrochlorofluorocarbons which a producer or importer places on the market or uses for his own account in the period 1 January to 31 December 2004 and in each 12-month period thereafter shall not exceed 65 % of the quota assigned, - the calculated level of hydrochlorofluorocarbons which a producer or importer places on the market or uses for his own account in the period 1 January to 31 December 2007 and in each 12-month period thereafter shall not exceed 40 % of the quota assigned, - the calculated level of hydrochlorofluorocarbons which a producer or importer places on the market or uses for his own account in the period 1 January to 31 December 2010 and in each 12-month period thereafter shall not exceed 20 % of the quota assigned, - the calculated level of hydrochlorofluorocarbons which a producer or importer places on the market or uses for his own account in the period 1 January to 31 December 2013 and in each 12-month period thereafter shall not exceed 5 % of the quota assigned, - no producer or importer shall place hydrochlorofluorocarbons on the market or use any for his own account after 31 December 2014. The Commission may, in accordance with the procedure laid down in Article 16, revise the assigned quotas for hydrochlorofluorocarbons to the extent permitted by this Regulation. 9. The quantities referred to in paragraphs 1 to 7 shall apply to the amounts of virgin substances which a producer places on the market or uses for his own account within the Community. The quantities referred to in paragraph 8 shall apply to the amounts of virgin substances which a producer or importer places on the market or uses for his own account within the Community and which were produced in or imported into the Community. 10. Any producer entitled to place a group of substances referred to in this Article on the market or use them for his own account may transfer his right in respect of all or any quantities of that group of substances fixed in accordance with this Article to any other producer of that group of substances within the Community. A producer acquiring such rights shall immediately notify the Commission. The transfer of the right to place on the market or use shall not imply the further right to produce. At the request of a producer, the Commission may adopt measures to respond to any shortfalls in that producer's right to place hydrochlorofluorocarbons on the market or use them for his own account to the extent permitted by the Procotol. Article 5 Control of the use of hydrochlorofluorocarbons 1. From the first day of the sixth month following that of the entry into force of this Regulation, the use of hydrochlorofluorocarbons shall be prohibited except: - as solvents, - as refrigerants, - for the production of rigid insulating foams and integral-skin foams for use in safety applications, - in laboratory uses, including research and development, - as feedstock in the manufacture of other chemicals and - as carrier gas for sterilization substances in closed systems. 2. From 1 January 1996 the use of hydrochlorofluorocarbons shall be prohibited: - in non-contained solvent uses including open-top cleaners and open-top dewatering systems without cold areas, in adhesives and mould-release agents when not employed in closed equipment, for drain cleaning where hydrochlorofluorocarbons are not recovered and aerosols, apart from use as solvents for reagents in fingerprint development on porous surfaces such as paper and apart from use as fixing agents for laser printers produced before 1 January 1996, - in equipment produced after 31 December 1995 for the following uses: (a) as refrigerants in non-confined direct-evaporation systems; (b) as refrigerants in domestic refrigerators and freezers; (c) in car air conditioning; (d) in road public-transport air conditioning. 3. From 1 January 1998 the use of hydrochlorofluorocarbons in equipment produced after 31 December 1997 for the following uses shall be prohibited: - in rail public-transport air conditioning, 4. From 1 January 2000 the use of hydrochlorofluorocarbons in equipment produced after 31 December 1999 for the following uses shall be prohibited: - as refrigerants in public and distribution cold stores and warehouses, - as refrigerants for equipment of 150 kw and over, shaft input, except where codes, safety regulations or other such constraints prevent the use of ammonia. 5. The importing, release for free circulation and placing on the market of equipment for which a use restriction is in force under this Article shall be prohibited from the date on which that use restriction comes into force. Equipment shown to be manufactured before the date of that use restriction shall not be covered by this prohibition. 6. The Commission may, in accordance with the procedure laid down in Article 16 and in the light of technical progress, add to, delete items from or amend the list set out in paragraphs 1 to 4.
Article 4 
Control of the supply of controlled substances 1. Subject to paragraph 10, each producer shall ensure that: - the calculated level of chlorofluorocarbons which he places on the market or uses for his own account in the period 1 January to 31 December 1994 does not exceed 15 % of the calculated level of chlorofluorocarbons which he placed on the market or used for his own account in 1986, - he does not place any chlorofluorocarbons on the market or use any for his own account after 31 December 1994. The competent authority of the Member State in which a producer's production is situated may authorize him to place chlorofluorocarbons on the market after 31 December 1994 for the purpose of meeting the licensed demands of those users identified as laid down in Article 3 (1). - the calculated level of other fully halogenated chlorofluorocarbons which he places on the market or uses for his own account in the period 1 January to 31 December 1994 does not exceed 15 % of the calculated level of other fully halogenated chlorofluorocarbons which he placed on the market or used for his own account in 1989, - he does not place any other fully halogenated chlorofluorocarbons on the market or use any for his own account after 31 December 1994. The competent authority of the Member State in which a producer's production is situated may authorize him to place other fully halogenated chlorofluorocarbons on the market after 31 December 1994 for the purpose of meeting the licensed demands of those users identified as laid down in Article 3 (2). 3. Subject to paragraph 10, each producer shall ensure that he does not place any halons on the market or use any for his own account after 31 December 1993. The competent authority of the Member State in which a producer's production is situated may authorize him to place halons on the market after 31 December 1993 for the purpose of meeting the licensed demands of those users identified as laid down in Article 3 (3). - the calculated level of carbon tetrachloride which he places on the market or uses for his own account in the period 1 January to 31 December 1994 does not exceed 15 % of the calculated level of carbon tetrachloride which he placed on the market or used for his own account in 1989, - he does not place any carbon tetrachloride on the market or use any for his own account after 31 December 1994. The competent authority of the Member State in which a producer's production is situated may authorize him to place carbon tetrachloride on the market after 31 December 1994 for the purpose of meeting the licensed demands of those users identified as laid down in Article 3 (4). - the calculated level of 1,1,1-trichchlorethane which he places on the market or uses for his own account in the period 1 January to 31 December 1994 and in the following 12-month period does not exceed 50 % of the calculated level of 1,1,1-trichlorethane which he placed on the market or used for his own account in 1989, - he does not place any 1,1,1-trichloroethane on the market or use any for his own account after 31 December 1995. The competent authority of the Member State in which a producer's production is situated may authorize him to place 1,1,1-trichloroethane on the market after 31 December 1995 for the purpose of meeting the licensed demands of those users identified as laid down in Article 3 (5). - the calculated level of methyl bromide which he places on the market or uses for his own account in the period 1 January to 31 December 1995 and in each 12-month period thereafter does not exceed the calculated level of methyl bromide which he placed on the market or used for his own account in 1991, - the calculated level of methyl bromide which he places on the market or uses for his own account in the period 1 January to 31 December 1998 and in each 12-month period thereafter does not exceed 75 % of the calculated level of methyl bromide which he placed on the market or used for his own account in 1991, The calculated level of methyl bromide which each producer places on the market or uses for his own account under this paragraph shall not include any amounts he places on the market or uses for his own account for quarantine and pre-shipment application. 7. Subject to paragraph 10, each producer shall ensure that he does not place any hydrobromofluorocarbons on the market or use any for his own account after 31 December 1995. The competent authority of the Member State in which a producer's production is situated may authorize him to place hydrobromofluorocarbons on the market after 31 December 1995 for the purpose of meeting the licensed demands of those users identified as laid down in Article 3 (7). 8. Subject to paragraph 10: - the calculated level of hydrochlorofluorocarbons which producers and importers place on the market or use for their own account in the period 1 January to 31 December 1995 and in each 12-month period thereafter shall not exceed the sum of: - 2,6 % of the caculated level of chlorofluorocarbons which producers and importers placed on the market or used for their own account in 1989, and - the calculated level of hydrochlorofluorocarbons which producers and importers placed on the market or used for their own account in 1989. To this end the Commission shall, in accordance with the procedure laid down in Article 16, assign a quota to each producer or importer when the total quantitiy which producers and importers place on the market or use for their own account reaches 80 % of the quantitiy defined by the sum described above or at the latest on 1 January 2000, whichever comes first, - the calculated level of hydrochlorofluorocarbons which a producer or importer places on the market or uses for his own account in the period 1 January to 31 December 2004 and in each 12-month period thereafter shall not exceed 65 % of the quota assigned, - the calculated level of hydrochlorofluorocarbons which a producer or importer places on the market or uses for his own account in the period 1 January to 31 December 2007 and in each 12-month period thereafter shall not exceed 40 % of the quota assigned, - the calculated level of hydrochlorofluorocarbons which a producer or importer places on the market or uses for his own account in the period 1 January to 31 December 2010 and in each 12-month period thereafter shall not exceed 20 % of the quota assigned, - the calculated level of hydrochlorofluorocarbons which a producer or importer places on the market or uses for his own account in the period 1 January to 31 December 2013 and in each 12-month period thereafter shall not exceed 5 % of the quota assigned, - no producer or importer shall place hydrochlorofluorocarbons on the market or use any for his own account after 31 December 2014. The Commission may, in accordance with the procedure laid down in Article 16, revise the assigned quotas for hydrochlorofluorocarbons to the extent permitted by this Regulation. 9. The quantities referred to in paragraphs 1 to 7 shall apply to the amounts of virgin substances which a producer places on the market or uses for his own account within the Community. The quantities referred to in paragraph 8 shall apply to the amounts of virgin substances which a producer or importer places on the market or uses for his own account within the Community and which were produced in or imported into the Community. 10. Any producer entitled to place a group of substances referred to in this Article on the market or use them for his own account may transfer his right in respect of all or any quantities of that group of substances fixed in accordance with this Article to any other producer of that group of substances within the Community. A producer acquiring such rights shall immediately notify the Commission. The transfer of the right to place on the market or use shall not imply the further right to produce. At the request of a producer, the Commission may adopt measures to respond to any shortfalls in that producer's right to place hydrochlorofluorocarbons on the market or use them for his own account to the extent permitted by the Procotol. Article 5 Control of the use of hydrochlorofluorocarbons 1. From the first day of the sixth month following that of the entry into force of this Regulation, the use of hydrochlorofluorocarbons shall be prohibited except: - as solvents, - as refrigerants, - for the production of rigid insulating foams and integral-skin foams for use in safety applications, - in laboratory uses, including research and development, - as feedstock in the manufacture of other chemicals and - as carrier gas for sterilization substances in closed systems. 2. From 1 January 1996 the use of hydrochlorofluorocarbons shall be prohibited: - in non-contained solvent uses including open-top cleaners and open-top dewatering systems without cold areas, in adhesives and mould-release agents when not employed in closed equipment, for drain cleaning where hydrochlorofluorocarbons are not recovered and aerosols, apart from use as solvents for reagents in fingerprint development on porous surfaces such as paper and apart from use as fixing agents for laser printers produced before 1 January 1996, - in equipment produced after 31 December 1995 for the following uses: (a) as refrigerants in non-confined direct-evaporation systems; (b) as refrigerants in domestic refrigerators and freezers; (c) in car air conditioning; (d) in road public-transport air conditioning. 3. From 1 January 1998 the use of hydrochlorofluorocarbons in equipment produced after 31 December 1997 for the following uses shall be prohibited: - in rail public-transport air conditioning, 4. From 1 January 2000 the use of hydrochlorofluorocarbons in equipment produced after 31 December 1999 for the following uses shall be prohibited: - as refrigerants in public and distribution cold stores and warehouses, - as refrigerants for equipment of 150 kw and over, shaft input, except where codes, safety regulations or other such constraints prevent the use of ammonia. 5. The importing, release for free circulation and placing on the market of equipment for which a use restriction is in force under this Article shall be prohibited from the date on which that use restriction comes into force. Equipment shown to be manufactured before the date of that use restriction shall not be covered by this prohibition. 6. The Commission may, in accordance with the procedure laid down in Article 16 and in the light of technical progress, add to, delete items from or amend the list set out in paragraphs 1 to 4.