Paragraph 26

(1)

Subject to Article 5(2) and (5) and paragraph 30, a person commits an offence if he uses, or causes or permits another person to use, hydrochlorofluorocarbons as refrigerants –

(a)

on or after the commencement date, in equipment produced after 31st December 1995, for any of the following uses –

(i)

in non-confined direct-evaporation systems;

(ii)

in domestic refrigerators and freezers;

(iii)

otherwise than for military uses, in motor vehicle, tractor or off-road vehicle or trailer air-conditioning systems (operating on any energy source);

(b)

on or after the commencement date, in equipment produced after 31st December 1997, in rail transport air-conditioning;

(c)

on or after the commencement date, in equipment produced after 31st December 1999, for either of the following uses –

(i)

in public and distribution cold stores or warehouses;

(ii)

for equipment with a shaft input equal to, or greater than, l50kW;

(d)

after the commencement date, in refrigeration or air-conditioning equipment produced after that date, other than –

(i)

equipment referred to in any of sub-paragraphs (a) to (c);

(ii)

equipment excepted from sub-paragraph (a)(iii) (but see sub-paragraph (g));

(iii)

fixed air-conditioning equipment with a cooling capacity of less than l00kW (but see sub-paragraph (e)); and

(iv)

reversible air-conditioning/heat pump systems (but see sub-paragraph (f));

(e)

on or after the commencement date, in fixed air-conditioning equipment with a cooling capacity of less than l00kW, produced after 30th June 2002;

(f)

on or after 1st January 2004, in reversible air-conditioning/heat pump systems whose equipment is produced after 31st December 2003;

(g)

on or after 31st December 2008, in any military use of motor vehicle, tractor or off-road vehicle or trailer air-conditioning system.