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1. The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. By way of derogation from the first subparagraph, the placing on the market of parts of products and equipment required for repair and servicing of existing equipment listed in Annex IV is allowed provided that the repair or servicing does not result in:

(a) an increase in the capacity of the product or equipment;

(b) an increase in the amount of fluorinated greenhouse gas contained in the product or equipment; or (c) a change in the type of fluorinated greenhouse gas used that would lead to an increase of the global warming potential of the fluorinated greenhouse gas used.

Products and equipment, including parts thereof, unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used, supplied, or made available to other persons within the Union for payment or free of charge, or exported. Re-export of such products and equipment is allowed when the non-compliance with this Regulation has been established prior to the release for free circulation of goods for the purpose of import, in accordance with the measures referred to in Article 23(12). Such products and equipment may only be stored or transported for subsequent disposal and for the recovery of the gas prior to the disposal pursuant to Article 8 or for their re-export. The re-export of products and equipment for which the non-compliance with this Regulation has been established prior to their release for free circulation is allowed. In such cases, Article 22(3) shall not apply.

One year following the individual dates listed in Annex IV, the subsequent supply or making available to another person in the Union for payment or free of charge of products or equipment lawfully placed on the market prior to the date referred to in the first subparagraph shall be allowed only if evidence is provided that the product or equipment was placed lawfully on the market prior to that date.

2. The prohibition set out in paragraph 1, first subparagraph, shall not apply to equipment for which it has been established, pursuant to ecodesign requirements adopted under Directive 2009/125/EC, that its lifecycle CO2 equivalent emissions would be lower than those of equivalent equipment which meets those relevant ecodesign requirements.

3. In addition to the placing on the market prohibitions set out in point 1 of Annex IV, the import, any subsequent supply or making available to other persons within the Union for payment or free of charge, use or export of non-refillable containers for fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II empty, or fully or partially filled, shall be prohibited. Such containers may only be stored or transported for subsequent disposal. This paragraph does not apply to containers for laboratory or analytical uses of fluorinated greenhouse gases. The first subparagraph shall apply to non-refillable containers, namely:

(a) containers which cannot be refilled without being adapted for that purpose; and (b) containers which could be refilled but are imported or placed on the market without provision having been made for their return for refilling.

4. Undertakings which place on the market refillable containers for fluorinated greenhouse gases 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 fluorinated greenhouse gases 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 fluorinated greenhouse gases 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 fluorinated greenhouse gases 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 of this paragraph in the declaration of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

5. Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to 4 years to allow the placing on the market of products and equipment listed in Annex IV, or, by way of derogation from Article 13(9), the putting into operation of new or extended electrical switchgear, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:

(a) for a specific product or a piece of equipment, or for a specific category of products or equipment, alternatives are not available, or cannot be used for technical or safety reasons; or (b) the use of technically feasible and safe alternatives would entail disproportionate costs. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

6. Only natural persons who hold a certificate required under Article 10(1), first subparagraph, point (a), or undertakings that employ natural persons who hold a certificate required under Article 10(1), first subparagraph, point (a), or a training attestation required under Article 10(1), second subparagraph, shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or in Section 1 of Annex II for the purpose of carrying out the installation, maintenance or servicing, or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (f), and Article 5(3), points (a) and (b), and covered by Article 10(1), second subparagraph. Sellers shall sell or offer for sale, directly or indirectly, such gases exclusively to the undertakings referred to in this paragraph. This paragraph shall not prevent non-certified undertakings that do not carry out the activities referred to in the first subparagraph from collecting, transporting or delivering fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II.

7. Non-hermetically sealed equipment charged with fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II may only be sold to an end user where evidence is provided that the installation is to be carried out by an undertaking certified in accordance with Article 10.

8. Only undertakings with an establishment within the Union, or that have appointed an only representative with an establishment within the Union that assumes full responsibility for compliance with this Regulation, shall be allowed to place on the market and subsequently supply bulk fluorinated greenhouse gases. The only representative may be the representative appointed pursuant to Article 8 of Regulation (EC) No 1907/2006.