Article 1 
Scope This Regulation shall apply to the importation, exportation, production and consumption of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane. It shall also apply to the reporting of data on these substances and on transitional substances. Article 2 Definitions In this Regulation: - 'the Protocol' means the Montreal Protocol on Substances that Deplete the Ozone Layer, whether in its adjusted or adjusted and amended version, - 'Party' means any Party to the Protocol. However, as to the rights and obligations resulting from the amendments to the Protocol, States which have not approved those amendments or measures for their implementation are not considered as 'Parties', - 'controlled substances' means chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride and 1,1,1-trichloroethane, whether existing 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, - 'chlorofluorocarbons' means the substances listed in Group I of Annex I, including their isomers, - 'other fully halogenated chlorofluorocarbons' means the substances listed in Group II of Annex I, including their isomers, - 'halons' means the substances listed in Group III of Annex I, including their isomers, - 'carbon tetrachloride' means the substance listed in Group IV of Annex I, - '1,1,1-trichloroethane' means the substance listed in Group V of Annex I, - 'transitional substances' means the partially halogenated chlorofluorocarbons, including their isomers listed in Group VI of Annex I whether existing alone or in a mixture. However, it does not cover any transitional substance, mixture or isomer which is in a manufactured product other than a container used for the transportation or storage of that substance, - 'producer' means any natural or legal person manufacturing controlled or transitional substances within the Community, - 'production' means the amount of substances produced, minus the amount destroyed by technologies to be approved by the Parties and minus the amount produced for the use as feedstock in the manufacture of other chemicals. Any amount recycled and re-used is not to be considered as 'production', - 'undertaking' means any natural or legal person which produces, recycles for placing on the market or uses in the Community controlled or transitional substances for industrial or commercial purposes or which releases into free circulation in the Community such imported substances, or exports such substances from the Community for industrial or commercial purposes, - 'ozone-depleting potential' means the figure specified in the final column of Annex I representing the potential effect of each substance on the ozone layer, - 'calculated level' means a quantity determined by multiplying the quantity of each substance by the ozone-depleting potential of that substance specified in Annex I and by adding together, for each group of substances in Annex I separately, the resulting figures, - 'industrial rationalization' means 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 achieving economic efficiency of responding to anticipated shortfalls in supply as a result of plant closures.
Article 2 
Definitions In this Regulation: - 'the Protocol' means the Montreal Protocol on Substances that Deplete the Ozone Layer, whether in its adjusted or adjusted and amended version, - 'Party' means any Party to the Protocol. However, as to the rights and obligations resulting from the amendments to the Protocol, States which have not approved those amendments or measures for their implementation are not considered as 'Parties', - 'controlled substances' means chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride and 1,1,1-trichloroethane, whether existing 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, - 'chlorofluorocarbons' means the substances listed in Group I of Annex I, including their isomers, - 'other fully halogenated chlorofluorocarbons' means the substances listed in Group II of Annex I, including their isomers, - 'halons' means the substances listed in Group III of Annex I, including their isomers, - 'carbon tetrachloride' means the substance listed in Group IV of Annex I, - '1,1,1-trichloroethane' means the substance listed in Group V of Annex I, - 'transitional substances' means the partially halogenated chlorofluorocarbons, including their isomers listed in Group VI of Annex I whether existing alone or in a mixture. However, it does not cover any transitional substance, mixture or isomer which is in a manufactured product other than a container used for the transportation or storage of that substance, - 'producer' means any natural or legal person manufacturing controlled or transitional substances within the Community, - 'production' means the amount of substances produced, minus the amount destroyed by technologies to be approved by the Parties and minus the amount produced for the use as feedstock in the manufacture of other chemicals. Any amount recycled and re-used is not to be considered as 'production', - 'undertaking' means any natural or legal person which produces, recycles for placing on the market or uses in the Community controlled or transitional substances for industrial or commercial purposes or which releases into free circulation in the Community such imported substances, or exports such substances from the Community for industrial or commercial purposes, - 'ozone-depleting potential' means the figure specified in the final column of Annex I representing the potential effect of each substance on the ozone layer, - 'calculated level' means a quantity determined by multiplying the quantity of each substance by the ozone-depleting potential of that substance specified in Annex I and by adding together, for each group of substances in Annex I separately, the resulting figures, - 'industrial rationalization' means 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 achieving economic efficiency of responding to anticipated shortfalls in supply as a result of plant closures.
Article 3 
Importation of substances from third countries 1. The release into free circulation in the Community of controlled substances, be they virgin, recycled or used, imported from third countries, shall be subject to quantitative limits. 2. For this purpose the Community shall open the quotas set out in Annex II which shall be applicable during the period laid down in that Annex, and allocate them to undertakings in accordance with the procedure set out in Article 12. 3. The Commission, in accordance with the procedure set out in Article 12, may modify the quotas set out in Annex II. Article 4 Import licence 1. The release into free circulation in the Community of controlled substances which are subject to the quotas referred to in Article 3 shall be subject to presentation of an import licence. This licence shall be issued by the Commission. The Commission shall forward a copy of this licence to the competent authority of the Member State into which the importation is expected to take place. To this end, each Member State shall determine its competent authority. 2. A request for a licence shall contain: (a) the name and the address of the importer; (b) the description of each substance stating: - the commercial description, - the heading in the combined nomenclature, - the country from which the substance is imported; (c) statement of the quantity of each substance to be imported in tonnes; and (d) the place and date of proposed importation, if known. Article 5 Importation of controlled substances from non-parties 1. The release into free circulation in the Community of chlorofluorocarbons or halons imported from non-Parties shall be prohibited. 2. With effect from 1 January 1993, the release into free circulation in the Community of other fully halogenated chlorofluorocarbons, carbon tetrachloride or 1,1,1-trichloroethane imported from non-Parties shall be prohibited Article 6 Importation from non-parties of products containing controlled substances 1. Subject to the decision referred to in paragraph 3, the release into free circulation in the Community of products imported from non-Parties containing chlorofluorocarbons or halons shall be prohibited with effect from 1 January 1993. 2. Subject to the decision referred to in paragraph 3, the release into free circulation in the Community of products imported from non-Parties containing other fully halogenated chlorofluorocarbons, carbon tetrachloride or 1,1,1-trichloroethane shall be prohibited with effect from 1 January 1996. 3. The Council, on a proposal from the Commission, shall adopt before these dates the list of these products in the light of the list established by the Parties. The Council shall act by a qualified majority. Article 7 Importation from non-parties of products produced with controlled substances In the light of the decision of the Parties, the Council, on a proposal from the Commission, shall adopt rules applicable to the release into free circulation in the Community of products imported from non-Parties, which are produced with controlled substances but which do not contain these substances. The Council shall act by a qualified majority. Article 8 Exportation of controlled substances to non-parties With effect from 1 January 1993, the exportation from the Community of virgin, recycled or used controlled substances to any non-Party shall be prohibited. Article 9 Exceptional authorization to trade with non-parties By derogation from Articles 5, 6 (1) and (2), 7 and 8, the trade of controlled substances as well as products which contain and/or are produced with one or several of these substances with any non-Party may be permitted by the Commission, to the extent that the non-Party is determined by a meeting of the Parties to be in full compliance with Articles 2, 2a to 2e and 4 of the Protocol and has submitted data to that effect as specified in of the Protocol. The Commission shall act in accordance with the procedure set out in Article 12.
Article 4 
Import licence 1. The release into free circulation in the Community of controlled substances which are subject to the quotas referred to in Article 3 shall be subject to presentation of an import licence. This licence shall be issued by the Commission. The Commission shall forward a copy of this licence to the competent authority of the Member State into which the importation is expected to take place. To this end, each Member State shall determine its competent authority. 2. A request for a licence shall contain: (a) the name and the address of the importer; (b) the description of each substance stating: - the commercial description, - the heading in the combined nomenclature, - the country from which the substance is imported; (c) statement of the quantity of each substance to be imported in tonnes; and (d) the place and date of proposed importation, if known. Article 5 Importation of controlled substances from non-parties 1. The release into free circulation in the Community of chlorofluorocarbons or halons imported from non-Parties shall be prohibited. 2. With effect from 1 January 1993, the release into free circulation in the Community of other fully halogenated chlorofluorocarbons, carbon tetrachloride or 1,1,1-trichloroethane imported from non-Parties shall be prohibited Article 6 Importation from non-parties of products containing controlled substances 1. Subject to the decision referred to in paragraph 3, the release into free circulation in the Community of products imported from non-Parties containing chlorofluorocarbons or halons shall be prohibited with effect from 1 January 1993. 2. Subject to the decision referred to in paragraph 3, the release into free circulation in the Community of products imported from non-Parties containing other fully halogenated chlorofluorocarbons, carbon tetrachloride or 1,1,1-trichloroethane shall be prohibited with effect from 1 January 1996. 3. The Council, on a proposal from the Commission, shall adopt before these dates the list of these products in the light of the list established by the Parties. The Council shall act by a qualified majority. Article 7 Importation from non-parties of products produced with controlled substances In the light of the decision of the Parties, the Council, on a proposal from the Commission, shall adopt rules applicable to the release into free circulation in the Community of products imported from non-Parties, which are produced with controlled substances but which do not contain these substances. The Council shall act by a qualified majority. Article 8 Exportation of controlled substances to non-parties With effect from 1 January 1993, the exportation from the Community of virgin, recycled or used controlled substances to any non-Party shall be prohibited. Article 9 Exceptional authorization to trade with non-parties By derogation from Articles 5, 6 (1) and (2), 7 and 8, the trade of controlled substances as well as products which contain and/or are produced with one or several of these substances with any non-Party may be permitted by the Commission, to the extent that the non-Party is determined by a meeting of the Parties to be in full compliance with Articles 2, 2a to 2e and 4 of the Protocol and has submitted data to that effect as specified in of the Protocol. The Commission shall act in accordance with the procedure set out in Article 12.
Article 5 
Importation of controlled substances from non-parties 1. The release into free circulation in the Community of chlorofluorocarbons or halons imported from non-Parties shall be prohibited. 2. With effect from 1 January 1993, the release into free circulation in the Community of other fully halogenated chlorofluorocarbons, carbon tetrachloride or 1,1,1-trichloroethane imported from non-Parties shall be prohibited Article 6 Importation from non-parties of products containing controlled substances 1. Subject to the decision referred to in paragraph 3, the release into free circulation in the Community of products imported from non-Parties containing chlorofluorocarbons or halons shall be prohibited with effect from 1 January 1993. 2. Subject to the decision referred to in paragraph 3, the release into free circulation in the Community of products imported from non-Parties containing other fully halogenated chlorofluorocarbons, carbon tetrachloride or 1,1,1-trichloroethane shall be prohibited with effect from 1 January 1996. 3. The Council, on a proposal from the Commission, shall adopt before these dates the list of these products in the light of the list established by the Parties. The Council shall act by a qualified majority. Article 7 Importation from non-parties of products produced with controlled substances In the light of the decision of the Parties, the Council, on a proposal from the Commission, shall adopt rules applicable to the release into free circulation in the Community of products imported from non-Parties, which are produced with controlled substances but which do not contain these substances. The Council shall act by a qualified majority. Article 8 Exportation of controlled substances to non-parties With effect from 1 January 1993, the exportation from the Community of virgin, recycled or used controlled substances to any non-Party shall be prohibited. Article 9 Exceptional authorization to trade with non-parties By derogation from Articles 5, 6 (1) and (2), 7 and 8, the trade of controlled substances as well as products which contain and/or are produced with one or several of these substances with any non-Party may be permitted by the Commission, to the extent that the non-Party is determined by a meeting of the Parties to be in full compliance with Articles 2, 2a to 2e and 4 of the Protocol and has submitted data to that effect as specified in of the Protocol. The Commission shall act in accordance with the procedure set out in Article 12.
Article 6 
Importation from non-parties of products containing controlled substances 1. Subject to the decision referred to in paragraph 3, the release into free circulation in the Community of products imported from non-Parties containing chlorofluorocarbons or halons shall be prohibited with effect from 1 January 1993. 2. Subject to the decision referred to in paragraph 3, the release into free circulation in the Community of products imported from non-Parties containing other fully halogenated chlorofluorocarbons, carbon tetrachloride or 1,1,1-trichloroethane shall be prohibited with effect from 1 January 1996. 3. The Council, on a proposal from the Commission, shall adopt before these dates the list of these products in the light of the list established by the Parties. The Council shall act by a qualified majority. Article 7 Importation from non-parties of products produced with controlled substances In the light of the decision of the Parties, the Council, on a proposal from the Commission, shall adopt rules applicable to the release into free circulation in the Community of products imported from non-Parties, which are produced with controlled substances but which do not contain these substances. The Council shall act by a qualified majority. Article 8 Exportation of controlled substances to non-parties With effect from 1 January 1993, the exportation from the Community of virgin, recycled or used controlled substances to any non-Party shall be prohibited. Article 9 Exceptional authorization to trade with non-parties By derogation from Articles 5, 6 (1) and (2), 7 and 8, the trade of controlled substances as well as products which contain and/or are produced with one or several of these substances with any non-Party may be permitted by the Commission, to the extent that the non-Party is determined by a meeting of the Parties to be in full compliance with Articles 2, 2a to 2e and 4 of the Protocol and has submitted data to that effect as specified in of the Protocol. The Commission shall act in accordance with the procedure set out in Article 12.
Article 7 
Importation from non-parties of products produced with controlled substances In the light of the decision of the Parties, the Council, on a proposal from the Commission, shall adopt rules applicable to the release into free circulation in the Community of products imported from non-Parties, which are produced with controlled substances but which do not contain these substances. The Council shall act by a qualified majority. Article 8 Exportation of controlled substances to non-parties With effect from 1 January 1993, the exportation from the Community of virgin, recycled or used controlled substances to any non-Party shall be prohibited. Article 9 Exceptional authorization to trade with non-parties By derogation from Articles 5, 6 (1) and (2), 7 and 8, the trade of controlled substances as well as products which contain and/or are produced with one or several of these substances with any non-Party may be permitted by the Commission, to the extent that the non-Party is determined by a meeting of the Parties to be in full compliance with Articles 2, 2a to 2e and 4 of the Protocol and has submitted data to that effect as specified in Article 7 of the Protocol. The Commission shall act in accordance with the procedure set out in Article 12.
Article 8 
Exportation of controlled substances to non-parties With effect from 1 January 1993, the exportation from the Community of virgin, recycled or used controlled substances to any non-Party shall be prohibited. Article 9 Exceptional authorization to trade with non-parties By derogation from Articles 5, 6 (1) and (2), 7 and 8, the trade of controlled substances as well as products which contain and/or are produced with one or several of these substances with any non-Party may be permitted by the Commission, to the extent that the non-Party is determined by a meeting of the Parties to be in full compliance with Articles 2, 2a to 2e and 4 of the Protocol and has submitted data to that effect as specified in Article 7 of the Protocol. The Commission shall act in accordance with the procedure set out in Article 12.
Article 9 
Exceptional authorization to trade with non-parties By derogation from Articles 5, 6 (1) and (2), 7 and 8, the trade of controlled substances as well as products which contain and/or are produced with one or several of these substances with any non-Party may be permitted by the Commission, to the extent that the non-Party is determined by a meeting of the Parties to be in full compliance with Articles 2, 2a to 2e and 4 of the Protocol and has submitted data to that effect as specified in Article 7 of the Protocol. The Commission shall act in accordance with the procedure set out in Article 12.