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О субстанциях, разрушающих озоновый слой (Часть 8)

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Chapter V. EMISSION CONTROL

Article 22

Recovery and destruction of used controlled substances

1. Controlled substances contained in refrigeration, air-conditioning and heat pump equipment, equipment containing solvents or fire protection systems and fire extinguishers shall, during the maintenance or servicing of equipment or before the dismantling or disposal of equipment, be recovered for destruction, recycling or reclamation.

2. Controlled substances and products containing such substances shall only be destroyed by approved technologies listed in Annex VII or, in the case of controlled substances not referred to in that Annex, by the most environmentally acceptable destruction technology not entailing excessive costs, provided that the use of those technologies complies with Community and national legislation on waste and that additional requirements under such legislation are met.

3. The Commission may amend Annex VII in order to take new technological developments into account.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

4. Controlled substances contained in products and equipment other than those mentioned in paragraph 1 shall, if technically and economically feasible, be recovered for destruction, recycling or reclamation, or shall be destroyed without prior recovery, applying the technologies referred to in paragraph 2.

The Commission shall establish an Annex to this Regulation with a list of products and equipment for which the recovery of controlled substances or destruction of products and equipment without prior recovery of controlled substances shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied. Any draft measure to establish such an Annex shall be accompanied and supported by a full economic assessment of costs and benefits, taking into account the individual circumstances of Member States.

Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

5. Member States shall take steps to promote the recovery, recycling, reclamation and destruction of controlled substances and shall define the minimum qualification requirements for the personnel involved.

The Commission shall evaluate the measures taken by the Member States and may in the light of this evaluation and of technical and other relevant information, as appropriate, adopt measures regarding those minimum qualification requirements.

Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

Article 23

Leakages and emissions of controlled substances

1. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakages and emissions of controlled substances.

2. Undertakings operating refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain controlled substances shall ensure that the stationary equipment or systems:

(a) with a fluid charge of 3 kg or more of controlled substances are checked for leakage at least once every 12 months; this shall not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled substances;

(b) with a fluid charge of 30 kg or more of controlled substances are checked for leakage at least once every 6 months;

(c) with a fluid charge of 300 kg or more of controlled substances are checked for leakage at least once every 3 months;

and that any detected leakage is repaired as soon as possible and in any event within 14 days.

The equipment or system shall be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.

3. Undertakings referred to in paragraph 2 shall maintain records on the quantity and type of controlled substances added and the quantity recovered during maintenance, servicing and final disposal of the equipment or system referred to in that paragraph. They shall also maintain records of other relevant information including the identification of the company or technician which performed the maintenance or servicing, as well as the dates and results of the leakage checks carried out. These records shall be made available on request to the competent authority of a Member State and to the Commission.

4. Member States shall define the minimum qualification requirements for the personnel carrying out activities referred to in paragraph 2. In the light of an evaluation of these measures taken by the Member States and of technical and other relevant information, the Commission may adopt measures regarding the harmonisation of those minimum qualification requirements.

Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

5. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakages and emissions of controlled substances used as feedstock and as process agents.

6. Undertakings shall take all precautionary measures practicable to prevent and minimise any leakage and emissions of controlled substances inadvertently produced in the course of the manufacture of other chemicals.

7. The Commission may establish a list of technologies or practices to be used by undertakings to prevent and minimise any leakage and emissions of controlled substances.

Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

 

Chapter VI. NEW SUBSTANCES

Article 24

New substances

1. The production, import, placing on the market, use and export of new substances in Part A of Annex II are prohibited. This prohibition does not apply to new substances if they are used as feedstock or for laboratory and analytical uses, to imports for transit through the customs territory of the Community or imports under the temporary storage, customs warehousing or free zone procedure as referred to in Regulation (EC) No 450/2008, unless such imports have been assigned another customs-approved treatment or use as referred to in that Regulation, or to exports subsequent to imports already exempted.

2. The Commission shall, if appropriate, include in Part A of Annex II substances that are included in Part B of that Annex that are found to be exported, imported, produced or put on the market in significant quantities and that are found by the Scientific Assessment Panel under the Protocol to have a significant ozone-depleting potential, and shall, if appropriate, determine possible exemptions from paragraph 1.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

3. In the light of relevant scientific information, the Commission shall, if appropriate, include in Part B of Annex II any substances that are not controlled substances but that are found by the Scientific Assessment Panel under the Protocol or another recognised authority of equivalent stature to have a significant ozone-depleting potential. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

 

Chapter VII. COMMITTEE, REPORTING, INSPECTION AND PENALTIES

Article 25

Committee

1. The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at 1 month.

3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 26

Reporting by the Member States

1. Each year by 30 June Member States shall report the following information in an electronic format to the Commission, for the previous calendar year:

 

Примечание.

Пункт (a) утратил силу - Регламент (ЕС) N 1087/2013 Комиссии Европейских сообществ от 04.11.2013.

 

(b) the quantities of halons installed, used and stored for critical uses, pursuant to Article 13(1), the measures taken to reduce their emissions and an estimate of such emissions, and progress in evaluating and using adequate alternatives;

(c) cases of illegal trade, in particular those detected during the inspections carried out pursuant to Article 28.

2. The Commission shall, in accordance with the management procedure referred to in Article 25(2), determine the format for the submission of the information referred to in paragraph 1.

3. The Commission may amend paragraph 1.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

Article 27

Reporting by undertakings

1. Each year by 31 March, each undertaking shall communicate to the Commission, sending a copy to the competent authority of the Member State concerned, the data listed in paragraphs 2 to 6 for each controlled substance and each new substance listed in Annex II for the previous calendar year.

2. Each producer shall communicate the following data:

(a) its total production of each substance referred to in paragraph 1;

(b) any production placed on the market or used for the producer's own account within the Community, separately identifying production for feedstock, process agent and other uses;

(c) any production to meet the essential laboratory and analytical uses in the Community, licensed in accordance with Article 10(6);

(d) any production authorised under Article 10(8) to satisfy essential laboratory and analytical uses of Parties;

(e) any increase in production authorised under Article 14(2), (3) and (4) in connection with industrial rationalisation;

(f) any quantity recycled, reclaimed or destroyed and the technology used for the destruction, including amounts produced and destroyed as by-product as referred to in Article 3(14);

(g) any stocks;

(h) any purchases from and sales to other producers in the Community.

3. Each importer shall communicate for each substance referred to in paragraph 1 the following data:

(a) any quantities released for free circulation in the Community, separately identifying imports for feedstock and process agent uses, for essential laboratory and analytical uses licensed in accordance with Article 10(6), for use in quarantine and pre- shipment applications and for destruction. Importers which imported controlled substances for destruction shall also communicate the actual final destination or destinations of each of the substances, providing separately for each destination the quantity of each of the substances and the name and address of destruction facility where the substance was delivered;

(b) any quantities imported under other customs procedures, separately identifying the customs procedure and the designated uses;

(c) any quantities of used substances referred to in paragraph 1 imported for recycling or reclamation;

(d) any stocks;

(e) any purchases from and sales to other undertakings in the Community;

(f) the exporting country.

4. Each exporter shall communicate for each substances referred to in

paragraph 1 the following data:

(a) any quantities of such substances exported, separately identifying quantities exported to each country of destination and quantities exported for feedstock and process agent uses, essential laboratory and analytical uses, critical uses and for quarantine and pre-shipment applications;

(b) any stocks;

(c) any purchases from and sales to other undertakings in the Community;

(d) the country of destination.

5. Each undertaking destroying controlled substances referred to in paragraph 1 and not covered by paragraph 2 shall communicate the following data:

(a) any quantities of such substances destroyed, including quantities contained in products or equipment;

(b) any stocks of such substances waiting to be destroyed, including quantities contained in products or equipment;

(c) technology used for the destruction.

6. Each undertaking using controlled substances as feedstock or process agents shall communicate the following data:

(a) any quantities of such substances used as feedstock or process agents;

(b) any stocks of such substances;

(c) the processes and emissions involved.

7. Each year before 31 March, each producer or importer which holds a licence under Article 10(6) shall, for each substance for which an authorisation has been received, report to the Commission, sending a copy to the competent authority of the Member State concerned, the nature of the use, the quantities used during the previous year, the quantities held in stock, any quantities recycled, reclaimed or destroyed, and the quantity of products and equipment containing or relying on those substances placed on the Community market and/or exported.

8. The Commission shall take appropriate steps to protect the confidentiality of the information submitted to it.

9. The format of the reports referred to in paragraphs 1 to 7 shall be established in accordance with the management procedure referred to in Article 25(2).

10. The Commission may amend the reporting requirements laid down in paragraphs 1 to 7.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

Article 28

Inspection

1. Member States shall conduct inspections on the compliance of undertakings with this Regulation, following a risk-based approach, including inspections on imports and exports of controlled substances as well as of products and equipment containing or relying on those substances. The competent authorities of the Member States shall carry out the investigations which the Commission considers necessary under this Regulation.

2. Subject to the agreement of the Commission and of the competent authority of the Member State within the territory of which the investigations are to be made, the officials of the Commission shall assist the officials of that authority in the performance of their duties.

3. In carrying out the tasks assigned to it by this Regulation, the Commission may obtain all necessary information from the governments and competent authorities of the Member States and from undertakings. When requesting information from an undertaking the Commission shall at the same time forward a copy of the request to the competent authority of the Member State within the territory of which the undertaking's seat is situated.

4. The Commission shall take appropriate action to promote an adequate exchange of information and cooperation between national authorities and between national authorities and the Commission.

The Commission shall take appropriate steps to protect the confidentiality of information obtained under this Article.

5. At the request of another Member State, a Member State may conduct inspections of undertakings or investigations of undertakings suspected of being engaged in the illegal movement of controlled substances and which are operating on the territory of that Member State.

Article 29

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 30 June 2011 at the latest and shall also notify it without delay of any subsequent amendment affecting them.

 

Chapter VIII. FINAL PROVISIONS

Article 30

Repeal

Regulation (EC) No 2037/2000 shall be repealed as from 1 January 2010.

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

 

Article 31

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

 

Annex I

 

CONTROLLED SUBSTANCES

Group

Substance

Ozone- depleting potential <*>

Group I

CFCl3

CFC-11

Trichlorofluoromethane

1,0

 

CF2Cl2

CFC-12

Dichlorodifluoromethane

1,0

 

C2F3Cl3

CFC-113

Trichlorotrifluoroethane

0,8

 

C2F4Cl2

CFC-114

Dichlorotetrafluoroethane

1,0

 

C2F5Cl

CFC-115

Chloropentafluoroethane

0,6

Group II

CF3Cl

CFC-13

Chlorotrifluoromethane

1,0

 

C2FCl5

CFC-111

Pentachlorofluoroethane

1,0

 

C2F2Cl4

CFC-112

Tetrachlorodifluoroethane

1,0

 

C3FCl7

CFC-211

Heptachlorofluoropropane

1,0

 

C3F2Cl6

CFC-212

Hexachlorodifluoropropane

1,0

 

C3F3Cl5

CFC-213

Pentachlorotrifluoropropane

1,0

 

C3F4Cl4

CFC-214

Tetrachlorotetrafluoropropane

1,0

 

C3F5Cl3

CFC-215

Trichloropentafluoropropane

1,0

 

C3F6Cl2

CFC-216

Dichlorohexafluoropropane

1,0

 

C3F7Cl

CFC-217

Chloroheptafluoropropane

1,0

Group III

CF2BrCl

halon-1211

Bromochlorodifluoromethane

3,0

 

CF3Br

halon-1301

Bromotrifluoromethane

10,0

 

C2F4Br2

halon-2402

Dibromotetrafluoroethane

6,0

Group IV

CCl4

CTC

Tetrachloromethane (carbon tetrachloride)

1,1

Group V

C2H3Cl3 <**>

1,1,1-TCA

1,1,1 -Trichloroethane (methylchloroform)

0,1

Group VI

CH3Br

methyl bromide

Bromomethane

0,6

Group VII

CHFBr2

HBFC-21 B2

Dibromofluoromethane

1,00

CHF2Br

HBFC-22 B1

Bromodifluoromethane

0,74

CH2FBr

HBFC-31 B1

Bromofluoromethane

0,73

C2HFBr4

HBFC-121 B4

Tetrabromofluoroethane

0,8

C2HF2Br3

HBFC-122 B3

Tribromodifluoroethane

1,8

C2HF3Br2

HBFC-123 B2

Dibromotrifluoroethane

1,6

C2HF4Br

HBFC-124 B1

Bromotetrafluoroethane

1,2

C2H2FBr3

HBFC-131 B3

Tribromofluoroethane

1,1

C2H2F2Br2

HBFC-132 B2

Dibromodifluoroethane

1,5

C2H2F3Br

HBFC-133 B1

Bromotrifluoroethane

1,6

C2H3FBr2

HBFC-141 B2

Dibromofluoroethane

1,7

C2H3F2Br

HBFC-142 B1

Bromodifluoroethane

1,1

C2H4FBr

HBFC-151 B1

Bromofluoroethane

0,1

C3HFBr6

HBFC-221 B6

Hexabromofluoropropane

1,5

C3HF2Br5

HBFC-222 B5

Pentabromodifluoropropane

1,9

C3HF3Br4

HBFC-223 B4

Tetrabromotrifluoropropane

1,8

C3HF4Br3

HBFC-224 B3

Tribromotetrafluoropropane

2,2

C3HF5Br2

HBFC-225 B2

Dibromopentafluoropropane

2,0

C3HF6Br

HBFC-226 B1

Bromohexafluoropropane

3,3

C3H2FBr5

HBFC-231 B5

Pentabromofluoropropane

1,9

C3H2F2Br4

HBFC-232 B4

Tetrabromodifluoropropane

2,1

C3H2F3Br3

HBFC-233 B3

Tribromotrifluoropropane

5,6

C3H2F4Br2

HBFC-234 B2

Dibromotetrafluoropropane

7,5

C3H2F5Br

HBFC-235 B1

Bromopentafluoropropane

1,4

C3H3FBr4

HBFC-241 B4

Tetrabromofluoropropane

1,9

C3H3F2Br3

HBFC-242 B3

Tribromodifluoropropane

3,1

C3H3F3Br2

HBFC-243 B2

Dibromotrifluoropropane

2,5

C3H3F4Br

HBFC-244 B1

Bromotetrafluoropropane

4,4

C3H4FBr3

HBFC-251 B1

Tribromofluoropropane

0,3

C3H4F2Br2

HBFC-252 B2

Dibromodifluoropropane

1,0

C3H4F3Br

HBFC-253 B1

Bromotrifluoropropane

0,8

C3H5FBr2

HBFC-261 B2

Dibromofluoropropane

0,4

C3H5F2Br

HBFC-262 B1

Bromodifluoropropane

0,8

C3H6FBr

HBFC-271 B1

Bromofluoropropane

0,7

Group VIII

CHFCl2

HCFC-21 <***>

Dichlorofluoromethane

0,040

CHF2Cl

HCFC-22 <***>

Chlorodifluoromethane

0,055

CH2FCl

HCFC-31

Chlorofluoromethane

0,020

C2HFCl4

HCFC-121

Tetrachlorofluoroethane

0,040

C2HF2Cl3

HCFC-122

Trichlorodifluoroethane

0,080

C2HF3Cl2

HCFC-123 <***>

Dichlorotrifluoroethane

0,020

C2HF4Cl

HCFC-124 <***>

Chlorotetrafluoroethane

0,022

C2H2FCl3

HCFC-131

Trichlorofluoroethane

0,050

C2H2F2Cl2

HCFC-132

Dichlorodifluoroethane

0,050

C2H2F3Cl

HCFC-133

Chlorotrifluoroethane

0,060

C2H3FCl2

HCFC-141

Dichlorofluoroethane

0,070

CH3CFCl2

HCFC-141b <***>

1, 1 -Dichloro-1 -fluoroethane

0,110

C2H3F2Cl

HCFC-142

Chlorodifluoroethane

0,070

CH3CF2Cl

HCFC-142b <***>

1 -Chloro-1, 1 -difluoroethane

0,065

C2H4FCl

HCFC-151

Chlorofluoroethane

0,005

C3HFCl6

HCFC-221

Hexachlorofluoropropane

0,070

C3HF2Cl5

HCFC-222

Pentachlorodifluoropropane

0,090

C3HF3Cl4

HCFC-223

Tetrachlorotrifluoropropane

0,080

C3HF4Cl3

HCFC-224

Trichlorotetrafluoropropane

0,090

C3HF5Cl2

HCFC-225

Dichloropentafluoropropane

0,070

CF3CF2CHCl2

HCFC-225ca <***>

3,3-Dichloro-1,1,1,2,2-pentafluoropropane

0,025

CF2ClCF2CHClF

HCFC-225cb <***>

1,3-Dichloro-1,1,2,2,3-pentafluoropropane

0,033

C3HF6Cl

HCFC-226

Chlorohexafluoropropane

0,100

C3H2FCl5

HCFC-231

Pentachlorofluoropropane

0,090

C3H2F2Cl4

HCFC-232

Tetrachlorodifluoropropane

0,100

C3H2F3Cl3

HCFC-233

Trichlorotrifluoropropane

0,230

C3H2F4Cl2

HCFC-234

Dichlorotetrafluoropropane

0,280

C3H2F5Cl

HCFC-235

Chloropentafluoropropane

0,520

C3H3FCl4

HCFC-241

Tetrachlorofluoropropane

0,090

C3H3F2Cl3

HCFC-242

Trichlorodifluoropropane

0,130

C3H3F3Cl2

HCFC-243

Dichlorotrifluoropropane

0,120

C3H3F4Cl

HCFC-244

Chlorotetrafluoropropane

0,140

C3H4FCl3

HCFC-251

Trichlorofluoropropane

0,010

C3H4F2Cl2

HCFC-252

Dichlorodifluoropropane

0,040

C3H4F3Cl

HCFC-253

Chlorotrifluoropropane

0,030

C3H5FCl2

HCFC-261

Dichlorofluoropropane

0,020

C3H5F2Cl

HCFC-262

Chlorodifluoropropane

0,020

C3H6FCl

HCFC-271

Chlorofluoropropane

0,030

Group IX

CH2BrCl

BCM

Bromochloromethane

0,12

<*> The figures relating to ozone-depleting potential are estimates based on existing knowledge and will be reviewed and revised periodically in the light of decisions taken by the Parties.

<**> This formula does not refer to 1,1,2-trichloroethane.

<***> Identifies the most commercially viable substance as prescribed in the Protocol.

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