Article 18 Transfer of quotas and authorisation to use quotas for the placing on the market of hydrofluorocarbons in imported equipment
United Kingdom
Any producer or importer for whom a reference value has been determined pursuant to Article 16(1) or (3) and who has been allocated a quota in accordance with Article 16(5), may transfer in the registry referred to in Article 17(1) that quota for all or any quantities to another producer or importer in F1Great Britain or to another producer or importer which is represented in F2the United Kingdom by an only representative referred to in the second and third subparagraph of Article 16(5).
Any producer or importer having received its quota pursuant to Article 16(1) and (3) or to whom a quota has been transferred pursuant to paragraph 1 of this Article may authorise another undertaking to use its quota for the purpose of Article 14.
F3Any producer or importer of pre-charged equipment holding an authorisation in accordance with Article 18(2) of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases and repealing Regulation (EC) No. 842/2006 issued prior to IP completion day for placing pre-charged equipment on the market and who has not yet used that authorisation to place pre-charged equipment on the market, including in any part of Great Britain, may upon application to the appropriate regulator, exchange that authorisation for an authorisation to place pre-charged equipment on the market in any part of Great Britain. An authorised quantity exchanged under this provision for use in any part of Great Britain shall not be used again to place pre-charged equipment on the EU market. The use of such authorisations shall be fully documented in accordance with Article 14.
Any producer or importer having received its quota exclusively on the basis of a declaration pursuant to Article 16(2), may only authorise another undertaking to use its quota for the purpose of Article 14 provided that the corresponding quantities of hydrofluorocarbons are physically supplied by the authorising producer or importer.
For the purpose of Articles 15, 16 and 19(1) and (6) the respective quantities of hydrofluorocarbons shall be deemed to be placed on the market by the authorising producer or importer at the moment of the authorisation. The F4appropriate regulator may require from the authorising producer or importer evidence that it is active in the supply of hydrofluorocarbons.
Annotations
Textual amendments
- F1
Words in Art. 18(1) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 50(2)(a) (as substituted by S.I. 2020/1616, regs. 1(2), 2(25)(a)); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 18(1) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 50(2)(b) (as substituted by S.I. 2020/1616, regs. 1(2), 2(25)(a)); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 18(2) inserted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 50(3)(a) (as amended by S.I. 2020/1616, regs. 1(2), 2(25)(b)); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 18(2) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 50(3)(b); 2020 c. 1, Sch. 5 para. 1(1)