Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (recast) (Text with EEA relevance)

An ‘ex’ before a code implies that substances other than those referred to in the column ‘Description’ may also fall under that subheading.

ANNEX V

Conditions for the placing on the market and further distribution of controlled substances for essential laboratory and analytical uses referred to in Article 10(3)

• 1. Controlled substances for essential laboratory and analytical uses shall contain only controlled substances manufactured to the following purities:

These pure controlled substances may be subsequently mixed by manufacturers, agents, or distributors with other chemicals controlled or not controlled by the Protocol as is customary for laboratory and analytical uses.

• 1. These high purity substances and mixtures containing controlled substances shall be supplied only in re-closable containers or high pressure cylinders smaller than three litres or in 10 millilitre or smaller glass ampoules, marked clearly as substances that deplete the ozone layer, restricted to laboratory and analytical uses and specifying that used or surplus substances should be collected and recycled, if practical. The material should be destroyed if recycling is not practical.

ANNEX VI

CRITICAL USES OF HALONS

For the purposes of this Annex, the following definitions shall apply:

• 1. ‘Cut-off date’ means the date after which halons must not be used for fire extinguishers or fire protection systems in new equipment and new facilities for the application concerned.

• 1. ‘New equipment’ means equipment for which, by the cut-off date, neither of the following events has occurred:
• (a) signature of the relevant procurement or development contract;
• (b) submission of a request for type approval or type certification to the appropriate regulatory authority.  For aircraft, submission of a request for type certification refers to a submission of a request for a new aircraft type certification.

• 1. ‘New facilities’ means facilities for which, by the cut-off date, neither of the following events has occurred:
• (a) signature of the relevant development contract;
• (b) submission of a request for planning consent to the appropriate regulatory authority.

• 1. ‘End date’ means the date after which halons shall not be used for the application concerned and by which date the fire extinguishers or fire protection systems containing halons shall be decommissioned.

• 1. ‘Inerting’ means preventing the initiation of combustion of a flammable or explosive atmosphere by means of the addition of an inhibiting or diluting agent.

• 1. ‘Cargo ship’ means a ship that is not a passenger ship, is over 500 tonnes gross weight, and embarks on an international voyage, in accordance with the definition of those terms in the Safety of Life at Sea (SOLAS) Convention. The SOLAS Convention defines a ‘passenger ship’ as ‘a ship that carries more than 12 passengers’ and an ‘international voyage’ as ‘a voyage from a country to which the present Convention applies to a port outside such country, or conversely’.

• 1. A ‘normally occupied’ space means a protected space in which it is necessary for persons to be present most or all of the time in order for the equipment or facility to function effectively. For military applications, the occupancy status of the protected space would be that applicable during a combat situation.

• 1. A ‘normally unoccupied’ space means a protected space that is occupied for limited periods only, in particular for undertaking maintenance, and where the continual presence of persons is not necessary for the effective functioning of the equipment or facility.

ANNEX VII

DESTRUCTION TECHNOLOGIES REFERRED TO IN ARTICLE 22(1)

Controlled substances not listed below shall be destroyed by the most environmentally acceptable destruction technology not entailing excessive costs.

Concentrated sources refer to virgin, recovered and reclaimed ozone-depleting substances.

Dilute sources refer to ozone-depleting substances contained in a matrix of a solid, for example foam.

The DRE criterion presents technology capability on which approval of the technology is based. It does not always reflect the day-to-day performance achieved, which in itself will be controlled by national minimum standards.

Approved by the Parties.

ANNEX VIII

CORRELATION TABLE