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, shall be prohibited.

2.   The import or export of ozone-depleting substances listed in Annex I shall be prohibited.

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 containing ozone-depleting substances listed in Annex I or whose functioning relies upon those substances, shall be prohibited.

2.   The import or export of products and equipment containing ozone-depleting substances listed in Annex I or whose functioning relies upon those substances shall be prohibited. That prohibition shall not apply to personal effects.

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 in order to be used as feedstock.

2.   The Commission shall, where appropriate, adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing a list of chemical production processes for which the use of ozone-depleting substances listed in Annex I as feedstock shall be prohibited on the basis of the technical assessments carried out under the Protocol, in particular the quadrennial reports prepared by the assessment panels under the Protocol, that include assessments of available alternatives to existing feedstock uses and of emission levels of existing feedstock uses.

3.   By way of derogation from paragraph 2, where no technical assessments of available alternatives to existing feedstock uses and of emission levels of existing feedstock uses carried out under the Protocol are available that provide a sufficient basis for taking a decision whether to prohibit a feedstock use, the Commission shall, by 31 December 2027, make its own assessment on the basis of scientific recommendations on the existing feedstock uses, the impacts in terms of ozone-depleting potential (ODP) and the availability of more precise data on the greenhouse gas emissions from feedstock, technological developments resulting in the availability of technically feasible alternatives, and the energy use, efficiency, economic feasibility and cost of those alternatives, and shall adopt, where appropriate, on the basis of that assessment, the delegated acts referred to in paragraph 2.

4.   The list established pursuant to paragraph 2 may be updated, where necessary, in light of the findings of the quadrennial reports prepared by the assessment panels under the Protocol or of the Commission’s own assessments.

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 in order to be used as process agents in the processes referred to in Annex III. Those substances shall only be used as process agents subject to the conditions laid down pursuant to paragraphs 2 and 3 of this Article.

2.   Ozone-depleting substances referred to in paragraph 1 shall 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, and 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 of this Article, 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 the Protocol.

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 in order to be used for essential laboratory and analytical uses, and 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 listed in Annex I 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.   An undertaking that places on the market and subsequently supplies or makes available to another person within the Union for payment or free of charge ozone-depleting substances for essential laboratory and analytical uses as referred to in paragraph 1 shall keep records of the following information for each substance:

4.   An undertaking that uses ozone-depleting substances for essential laboratory and analytical uses as referred to in paragraph 1 shall keep records of the following information for each substance:

5.   The records referred to in paragraphs 3 and 4 shall be kept for at least 5 years and shall be made available, upon request, to the competent authorities of the Member State concerned or to the Commission.

6.   Ozone-depleting substances for essential laboratory and analytical uses as 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.

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 critical uses referred to in paragraph 1 of this Article or whose functioning relies upon those halons shall be decommissioned by the end dates set out in Annex V. The halons contained in fire protection systems and fire extinguishers 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 technology is not available for the critical uses listed in that Annex within the timeframes set out therein or not acceptable due to their effect on the 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, by the International Civil Aviation Organization or under the International Convention for the Prevention of Pollution from Ships.

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 set out in Annex V for a specific case where it is demonstrated in the derogation request that no technically and economically feasible alternative is available for that particular application. The Commission shall include reporting requirements in those implementing acts and shall require the submission of supporting evidence necessary for monitoring the use of the derogation, including evidence on quantities of halons recovered for recycling or reclamation, results of leak checks and quantities of unused halons in stocks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

1.   In the 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, and upon notification to the Ozone Secretariat in accordance with Decision IX/7 of the Parties to the Protocol, 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 Regulations (EC) No 1107/2009 and (EU) No 528/2012. Any unused quantities of methyl bromide shall be destroyed.

2.   The implementing acts referred to in paragraph 1 of this Article 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 shall include in those implementing acts reporting requirements and shall require the submission of supporting evidence necessary for monitoring the use of methyl bromide, including evidence on the destruction of the substance following the end of the derogation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

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 9 may be placed on the market, subsequently supplied or made available to another person within the Union for payment or free of charge.

2.   Except for the critical uses referred to in Article 9(1), fire protection systems and fire extinguishers containing halons shall be 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 cycle.

1.   By way of derogation from Article 4(2) and Article 5(2), the following imports are allowed:

2.   The imports referred to in paragraph 1 of this Article shall be subject to the presentation of a valid licence to customs authorities issued by the Commission pursuant to Article 16, except in the case of temporary storage.

1.   By way of derogation from Article 4(2) and Article 5(2), the following exports are allowed:

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 accordance with domestic legislation of the country of destination. Before authorising the export request, the Commission shall verify that the domestic legislation of the country of destination ensures that such products and equipment shall, after the end of their life cycle, be handled in an appropriate way with a view to minimising releases of ozone-depleting substances. 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 country of destination thereof.

3.   The exports referred to in paragraphs 1 and 2 of this Article shall be subject to the presentation of a valid licence to customs authorities issued by the Commission pursuant to Article 16, except in the case of re-export subsequent to temporary storage.

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, use or export of non-refillable containers for ozone-depleting substances, empty, or fully or partially filled, shall be prohibited, except for essential laboratory and analytical uses as referred to in Article 8. Such containers may only be stored or transported for subsequent disposal.

The first subparagraph shall apply to non-refillable containers, namely:

2.   Any non-refillable containers as referred to in paragraph 1, point (a), shall be seized, confiscated, withdrawn or recalled from the market by the customs authorities or the market surveillance authorities for disposal by destruction. It shall be prohibited to re-export non-refillable containers that are prohibited pursuant to paragraph 1.

3.   Undertakings which place on the market refillable containers for ozone-depleting substances shall produce a declaration of conformity that includes evidence confirming that there are binding arrangements in place for the return of those containers for the purpose of refilling, in particular identifying the relevant actors, their obligatory commitments and the relevant logistical arrangements. Those arrangements shall be made binding on the distributors of the refillable containers for ozone-depleting substances to the end-user.

The undertakings referred to in the first subparagraph shall keep the declaration of conformity for a period of at least 5 years from the placing on the market of the refillable containers for ozone-depleting substances and shall make that declaration available, upon request, to the competent authority of the Member State concerned or to the Commission. Suppliers of refillable containers for ozone-depleting substances to end-users shall keep evidence of compliance with the binding arrangements referred to in the first subparagraph for a period of at least 5 years from supply to the end-user and shall make that evidence available, upon request, to the competent authority of the Member State concerned or to the Commission.

The Commission may, by means of implementing acts, determine the requirements for including the elements that are essential for the binding arrangements referred to in the first subparagraph in the declaration of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

4.   The placing on the market of ozone-depleting substances shall be prohibited, unless producers or importers provide evidence to the competent authority of a Member State at the time of such placing on the market, that any trifluoromethane, produced as a by-product during the production process of the ozone-depleting substances, including during the production of feedstock for the production of those substances, has been destroyed or recovered for subsequent use, using best available techniques.

For the purpose of providing that evidence, producers and importers shall draw up a declaration of conformity, accompanied by supporting documentation:

Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least 5 years from the placing on the market and make them available, upon request, to the competent authority of the Member State concerned or 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).

5.   Ozone-depleting substances listed in Annex I produced or placed on the market as feedstock, as process agents, for essential laboratory and analytical uses, or for destruction or reclamation, as referred to in Articles 6, 7, 8 and 12, respectively, may only be used for those purposes.

Containers containing the ozone-depleting substances intended for the uses referred to in Articles 6, 7, 8 and 12 of this Regulation shall be labelled with a clear indication that the substance may only be used for the applicable purpose. Where such substances are subject to the 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).

6.   Undertakings that produce, including as by-production or side-production, place on the market, supply to another person in the Union or receive from another person in the Union ozone-depleting substances listed in Annex I intended for use as feedstock, as process agents or intended to be destroyed or reclaimed, as well as undertakings that destroy or reclaim those substances or use those substances as feedstock or as process agents, shall keep records containing at least the following information for each ozone-depleting substance, as applicable:

The undertakings shall keep the records referred to in the first subparagraph for at least 5 years after production, placing on the market, supply or receipt, and shall make them available, upon request, to the competent authorities of the Member State concerned or to the Commission. Those competent authorities and the Commission shall ensure the confidentiality of information contained in those records.

1.   The Commission shall set up and ensure the operation of the electronic licensing system for ozone-depleting substances listed in Annex I, and for products and equipment containing those substances or whose functioning relies upon those substances (the ‘licensing system’).

2.   Undertakings that wish to obtain the licences required in accordance with Article 13(2) or Article 14(3) shall submit an application 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 set out in Annex VII.

3.   Licences may be issued to undertakings with an establishment within the Union and to undertakings with an establishment outside the Union.

Undertakings with an establishment outside the Union shall appoint an only representative with an establishment within the Union that assumes the full responsibility for compliance with this Regulation. The only representative may be the same as the one appointed pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (22).

4.   Licences shall be time-limited. They shall remain valid until they expire, are suspended or revoked by the Commission pursuant to this Article, or are withdrawn by the undertaking. In the case of imports or exports of recovered, recycled or reclaimed halons stored for critical uses referred to in Article 9(1), the time limit shall not exceed the end date for the critical use set out in Annex V.

5.   Each undertaking that holds a licence shall, during the period of validity of the licence, notify the Commission without undue delay 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.   The competent authorities of 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 licence shall be suspended where there is reasonable suspicion that any obligation set out in this Regulation is not complied with. A licence shall be revoked where there is evidence that any obligation set out in this Regulation is not complied with. The licence application shall also be rejected or the licence revoked where there is evidence of serious or repeated infringements of Union customs law or Union environmental law 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:

11.   The competent authorities of 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 Environment for Customs (‘EU Single Window Environment for Customs’) referred to in paragraphs 14 and 15.

12.   The competent authorities of Member States and the Commission 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 EU Single Window Environment for Customs through the European Union Customs Single Window Certificate Exchange System established by Regulation (EU) 2022/2399.

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.

1.   Customs authorities and market surveillance authorities shall enforce the prohibitions and other restrictions set out in this Regulation with regard to imports and exports.

2.   For the purposes of import, the undertaking holding the licence pursuant to Article 13(2) of this Regulation shall be the importer. Where the importer is not available, the undertaking holding that licence shall be the declarant indicated in the customs declaration who is the holder of the authorisation for a special procedure other than transit, unless there is a transfer of rights and obligations pursuant to Article 218 of Regulation (EU) No 952/2013 to allow another person to be the declarant. In the case of transit procedure, the undertaking holding the licence shall be the holder of the procedure.

For the purposes of export, the undertaking holding the licence pursuant to Article 14(3) shall be the exporter indicated in the customs declaration.

3.   In cases of imports of ozone-depleting substances, and 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 the following information, where relevant, in the customs declaration:

4.   Customs authorities shall verify, in particular, whether 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 licence 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 EU 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 when the customs declaration related to the release for free circulation is submitted a declaration of conformity as referred to in Article 15(3), 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 (g), and exporters of halons in accordance with Article 14(1), point (e), shall make available to customs authorities at the time when 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 (g), and Article 14(1), point (e).

8.   Importers of ozone-depleting substances shall make available to customs authorities at the time when the customs declaration related to the release for free circulation is submitted the evidence referred to in Article 15(4).

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 the Customs Risk Management System and in accordance with Article 46 of Regulation (EU) No 952/2013. That risk analysis shall take into account, in particular, any available information on the likelihood of illegal trade in ozone-depleting substances and the compliance history of the undertaking concerned.

10.   Based on risk analysis, when carrying out physical customs controls on the ozone- depleting substances, products and equipment covered by this Regulation, the customs authority shall, in particular, verify the following on imports and exports:

The importer or exporter shall make the licence available to customs authorities during the controls in accordance with Article 15 of Regulation (EU) No 952/2013.

11.   Customs authorities shall confiscate or seize the ozone-depleting substances, products and equipment that are prohibited by this Regulation for their disposal in accordance with Articles 197 and 198 of Regulation (EU) No 952/2013 or shall inform the competent authorities in order to ensure the confiscation and seizure of such substances, products and equipment for their disposal. Market surveillance authorities shall also withdraw or recall from the market such substances, products and equipment in accordance with Article 16 of Regulation (EU) 2019/1020.

The re-export of ozone-depleting substances, products and equipment covered by this Regulation that do not comply with this Regulation shall be prohibited.

12.   Customs authorities or market surveillance authorities shall take all necessary measures to prevent attempts to import or export the ozone-depleting substances, products and equipment covered by this Regulation that were already not allowed to enter or exit the territory.

13.   Member States 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 authorities of ozone-depleting substances listed in Annex I to this Regulation, 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. Controls shall be carried out by customs office personnel or by other authorised persons in accordance with national rules, who are knowledgeable about matters related to the prevention of illegal activities covered by this Regulation and have access to suitable equipment to carry out the relevant physical controls based on risk analysis.

Only the designated or approved customs offices or other places referred to in the first subparagraph shall be authorised to open or end a transit procedure of ozone-depleting substances listed in Annex I, or of products and equipment containing those substances or whose functioning relies upon those substances.

1.   On the basis of regular monitoring of trade in ozone-depleting substances and assessment of the potential risks of illegal trade linked to the movements of ozone-depleting substances, and products and equipment containing those substances or whose functioning relies upon those substances, the Commission is empowered to adopt delegated acts in accordance with Article 29 to:

2.   When adopting a delegated act under paragraph 1, the Commission shall take into account the environmental benefits and socioeconomic impacts of the methodology to be established under points (a), (b) and (c) of that paragraph.

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 substance controlled under the Protocol, 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 and export of products and equipment imported from and exported to any State or regional economic integration organisation within the meaning of 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, any periodic 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 within the meaning of paragraph 1 in ozone-depleting substances listed in Annex I, and in products 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 by the Parties to the Protocol, as referred to in 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 within the meaning of 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).

1.   Ozone-depleting substances which are contained in refrigeration and air-conditioning equipment and heat pumps, 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, unless such recovery is regulated under other Union legal acts.

2.   From 1 January 2025, building owners and contractors shall ensure that, during renovation, refurbishing or demolition activities implying the removal of foam panels that contain foams with ozone-depleting substances listed in Annex I, emissions are avoided to the extent possible by handling the foams or the substances contained therein in a way that ensures the destruction of those substances. In the case of recovery of those substances, the recovery shall be carried out only by appropriately qualified natural persons.

3.   From 1 January 2025, 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, emissions are avoided to the extent possible by handling the foams or the substances contained therein in a way that ensures the destruction of those substances. In the case of recovery of those substances, the recovery shall be carried out only by appropriately qualified natural persons.

Where removal of the foams referred to in the first subparagraph is not technically feasible, the building owner or contractor shall draw up documentation providing evidence on the infeasibility of the removal in the specific case. Such documentation shall be kept for 5 years and shall be made available, upon request, to the competent authority of the Member State concerned or to the Commission.

4.   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.

The destruction of halons shall be 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 keep this documentation for at least 5 years. Such documentation shall be made available, upon request, to the competent authority of the Member State concerned or to the Commission.

5.   Ozone-depleting substances contained in products and equipment other than those referred to in paragraphs 1 to 4 shall, if technically and economically feasible, be recovered for destruction, recycling or reclamation, or shall be destroyed without prior recovery, unless such recovery is regulated under other Union legal acts.

6.   Ozone-depleting substances listed in Annex I, and products and equipment containing such substances, shall be destroyed only by destruction technology that has been approved by the Parties to the Protocol.

Other ozone-depleting substances for which the destruction technology has not been approved shall be destroyed only by destruction technology that complies with Union and national law on waste and where additional requirements under such law are met.

7.   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 technology to be applied.

8.   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.

1.   The intentional release of ozone-depleting substances into the atmosphere, including when contained in products and equipment, 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 during production, including where a release is inadvertently produced in the course of the production of other chemicals, equipment manufacturing process, use, storage and transfer from one container or system to another or transport.

3.   Operators of refrigeration and air conditioning equipment or heat pumps, or fire protection systems, including their circuits, which contain ozone-depleting substances listed in Annex I shall ensure that stationary equipment or systems:

4.   Operators of equipment or systems containing ozone-depleting substances shall ensure that any detected leakage is repaired without undue delay, without prejudice to the prohibition to use those ozone-depleting substances, unless such recovery is regulated under other Union legal acts.

5.   Operators referred to in paragraph 4 shall keep records of the quantity and type of halons added and of ozone-depleting substances listed in Annex I recovered during maintenance or servicing and final disposal of the equipment or systems referred to in that paragraph. They shall also keep records of other relevant information, including the identification of the undertaking which performed leak checks, the maintenance or servicing, as well as the dates and results of the leak checks carried out. Those records shall be kept for at least 5 years and shall be made available, upon request, to the competent authority of the Member State concerned or to the Commission.

6.   Member States shall establish the minimum qualification requirements for the personnel carrying out activities referred to in paragraphs 3 and 4.

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 ODP.

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 of this Article, 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 Chapter 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 (GWP) and ODP of those substances, where it is necessary in the light of new assessment reports by the Intergovernmental Panel on Climate Change or new reports by the SAP, and to add, where available, GWP of those substances over a 20-year timescale to those Annexes.

1.   By 30 June 2024, and every year thereafter, Member States shall report the following information in an electronic format to the Commission, for the previous calendar year:

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 of this Article. 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.

1.   By 31 March 2025 and every year thereafter, 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 competent authorities of Member States and the Commission shall take appropriate measures to protect the confidentiality of the information submitted to them 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.

1.   Where required to ensure compliance with this Regulation, the competent authorities of each Member State, including customs authorities, market surveillance authorities, environmental authorities and any other competent authority with inspection functions, shall cooperate with each other, with the competent authorities of other Member States, with the Commission and, if necessary, with administrative authorities of third countries.

Where cooperation with customs authorities is needed to ensure a proper implementation of the Customs Risk Management System, competent authorities of Member States shall provide all necessary information to customs authorities in accordance with Article 47(2) of Regulation (EU) No 952/2013.

2.   Where the customs authorities, the market surveillance authorities or any other competent authority of a Member State detect 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 violation of environmental law, as well as data recorded in the licensing system.

The information referred to in the first subparagraph 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 an 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 does not comply 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 exchange of customs risk-related information.

Customs authorities shall also exchange any relevant information related to infringements of this Regulation in accordance with Council Regulation (EC) No 515/97 (23) and shall request assistance from the other Member States and the Commission where necessary.

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 information received from the Commission, customs authorities, market surveillance authorities, environmental authorities and other authorities with inspection functions of the Member States, or from competent authorities of third countries.

The competent authorities of Member States shall also carry out checks when they are in possession of evidence or other relevant information, including based on substantiated concerns provided by third parties or the Commission, concerning potential non-compliance with this Regulation.

3.   The checks referred to in paragraphs 1 and 2 shall include:

Without prejudice to Regulation (EU) 2022/2065 of the European Parliament and of the Council (24), where an online platform, falling within the scope of Chapter III, Section 4, of that Regulation, allows distance contracts to be concluded with undertakings offering ozone-depleting substances or products and equipment that contain such substances, competent authorities of Member States shall verify whether the undertaking, the ozone-depleting substances, the products or the equipment offered comply with the requirements laid down in this Regulation. Competent authorities shall inform and cooperate with the Commission and with the relevant competent authorities referred to in Article 49 of Regulation (EU) 2022/2065 for the purpose of ensuring compliance with that Regulation.

Checks shall be carried out without prior warning given to the undertaking, except where prior notification is necessary in order to ensure the effectiveness of the checks. Member States shall ensure that undertakings provide the competent authorities with all necessary assistance to enable those authorities to carry out the checks provided for in this Article.

4.   The competent authorities of Member States shall keep records of the checks, indicating in particular their nature and results, and of the measures taken in the event of non-compliance. Records of all checks shall be kept for at least 5 years.

5.   At the request of another Member State, a Member State may carry out checks or other formal investigations of undertakings suspected of being engaged in the illegal movement of substances, products or 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 or of the investigation.

6.   In carrying out the tasks assigned to it by this Regulation, the Commission may request all necessary information from competent authorities of 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 Member States and between those competent authorities and the Commission. The Commission shall take appropriate steps to protect the confidentiality of information obtained under this Article.

1.   Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council (25), Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that those penalties are implemented. Before 1 January 2026, Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

2.   The penalties shall be effective, proportionate and dissuasive, and shall be determined while having due regard to the following, as applicable:

3.   The penalties shall include:

4.   Administrative financial penalties referred to in paragraph 3, point (a), shall be proportionate to the environmental damage, where applicable, and effectively deprive those responsible of the economic benefits derived from their infringements. The level of administrative financial penalties shall gradually increase for repeated infringements.

In the case of unlawful production, import, export, placing on the market or use of ozone-depleting substances, or of products and equipment containing those substances or whose functioning relies upon those substances, the maximum amount of the administrative financial penalty shall be at least five times the market value of the ozone-depleting substances or products and equipment concerned. Where such infringements are repeated within a five-year period, the maximum amount of the administrative financial penalty shall be at least eight times the market value of the ozone-depleting substances or products and equipment concerned.

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.

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 6(2), Article 7(4), Article 8(7), Article 9(3), Article 18(1), Article 19(2), Article 20(7), Article 22, Article 23(3) and Article 24(4) shall be conferred on the Commission for an indeterminate period of time from 11 March 2024.

The power to adopt delegated acts referred to in Article 16(13) shall be conferred on the Commission for an indeterminate period of time from 3 March 2025.

3.   The delegation of power referred to in Article 6(2), Article 7(4), Article 8(7), Article 9(3), Article 16(13), Article 18(1), Article 19(2), Article 20(7), 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 Interinstitutional 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 6(2), Article 7(4), Article 8(7), Article 9(3), Article 16(13), Article 18(1), Article 19(2), Article 20(7), 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 by 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.

1.   By 1 January 2030, the Commission shall publish a report on the effects of this Regulation. The report shall include an assessment of the availability of alternatives to ozone-depleting substances for uses regulated under Articles 6 to 9.

2.   The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 of the European Parliament and of the Council (26) may, on its own initiative, provide scientific advice and issue reports on the coherence of this Regulation with the objectives of Regulation (EU) 2021/1119 and the Union’s international commitments under the Paris Agreement.

1.   Regulation (EC) No 1005/2009 is repealed.

2.   Article 18 of Regulation (EC) No 1005/2009 as applicable on 10 March 2024 shall continue to apply until 2 March 2025.

3.   Article 27 of Regulation (EC) No 1005/2009 as applicable on 10 March 2024 shall continue to apply with regard to the reporting period from 1 January 2023 to 31 December 2023.

4.   References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII.