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1. Customs authorities and market surveillance authorities shall enforce the prohibitions and other restrictions set out in this Regulation with regard to imports and exports.

2. For the purposes of release for free circulation, the undertaking holding quota or authorisations to use quota as required under this Regulation, and registered in the F-gas Portal pursuant to Article 20 shall be the importer indicated in the customs declaration. For the purpose of imports other than release for free circulation, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the declarant indicated in the customs declaration who is the holder of the authorisation for a special procedure other than transit, unless there is a transfer of rights and obligations pursuant to Article 218 of Regulation (EU) No 952/2013 to allow another person to be the declarant. In the case of transit procedure, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the holder of the procedure. ◄ For the purposes of exports, the undertaking registered in the F-gas Portal pursuant to Article 20 shall be the exporter indicated in the customs declaration.

3. In cases of imports of fluorinated greenhouse gases, and products and equipment containing those gases or whose functioning relies upon those gases, the importer or, where not available, the declarant, indicated in the customs declaration or in the temporary storage declaration, and in cases of exports the exporter indicated in the customs declaration, shall provide to customs authorities the following information, where relevant, in the customs declaration:

(a) F-gas Portal registration identification number;

(b) Economic Operators Registration and Identification (EORI) number;

(c) net mass of bulk gases and of gases contained in products and equipment, and in parts thereof;

(d) commodity code under which the goods are classified;

(e) tonnes of CO2 equivalent of bulk gases and of gases contained in products or equipment, and in parts thereof.

4. Customs authorities shall verify, in particular, whether in cases of release for free circulation the importer indicated in the customs declaration has quota or authorisations to use quota as required under this Regulation before releasing the goods for free circulation. Customs authorities shall ensure that in cases of imports the importer indicated in the customs declaration, or where not available, the declarant, and in cases of exports the exporter indicated in the customs declaration is registered in the F-gas Portal pursuant to Article 20.

5. Where relevant, customs authorities shall communicate information regarding the customs clearance of goods to the F-gas Portal via the EU Single Window Environment for Customs.

6. Importers of fluorinated greenhouse gases listed in Annex I and in Section 1 of Annex II in refillable containers shall make available to customs authorities at the time when the customs declaration related to the release for free circulation is submitted a declaration of conformity as referred to in Article 11(4), including evidence confirming the arrangements in place for the return of the container for the purpose of refilling.

7. Importers of fluorinated greenhouse gases shall make available to customs authorities at the time when the customs declaration related to the release for free circulation is submitted the evidence referred to in Article 4(6).

8. The declaration of conformity and the documentation referred to in Article 19(2) shall be made available to customs authorities at the time when the customs declaration related to the release for free circulation is submitted.

9. Customs authorities shall verify compliance with the rules on imports and exports set out in this Regulation, when carrying out the controls based on risk analysis in the context of the Customs Risk Management System and in accordance with Article 46 of Regulation (EU) No 952/2013. That risk analysis shall take into account, in particular, any available information on the likelihood of illegal trade in fluorinated greenhouse gases and the compliance history of the undertaking concerned.

10. Based on risk analysis, when carrying out physical customs controls on the substances, products and equipment covered by this Regulation, the customs authority shall, in particular, verify the following on imports and exports:

(a) that the goods presented correspond to those described in the licence and in the customs declaration;

(b) that the product or equipment presented does not fall under the prohibitions referred to in Article 11(1) and (3);

(c) that the goods are appropriately labelled in accordance with Article 12 before those goods are released for free circulation. The importer or where the importer is not available, the declarant, or the exporter, as appropriate, shall make the licence available to customs authorities during the controls in accordance with Article 15 of Regulation (EU) No 952/2013.

11. Customs authorities or market surveillance authorities shall take all necessary measures to prevent attempts to import or export the substances, products and equipment covered by this Regulation that were already not allowed to enter or exit the territory.

12. Customs authorities shall confiscate or seize non-refillable containers as referred to in Article 11(3), second subparagraph, point (a), of this Regulation, that are prohibited by this Regulation for disposal by destruction in accordance with Articles 197 and 198 of Regulation (EU) No 952/2013 or shall inform the competent authorities in order to ensure the confiscation and seizure of such containers for disposal by destruction. Market surveillance authorities shall also withdraw or recall from the market such containers in accordance with Article 16 of Regulation (EU) 2019/1020. In other cases, not referred to in the first subparagraph, of unlawful import, subsequent supply, or export carried out in violation of this Regulation, in particular where fluorinated greenhouse gases listed in Section 1 of Annex I are placed on the market in bulk or charged in products and equipment in violation of the quota and authorisation requirements set out in this Regulation, customs authorities or market surveillance authorities may take alternative measures. Such measures may include auctioning provided that the subsequent placing on the market is in accordance with this Regulation.

The export of fluorinated greenhouse gases listed in Section 1 of Annex I for which the non-compliance has been established after their release for free circulation, shall be prohibited.

13. Member States shall designate or approve customs offices or other places and shall specify the route to those offices and places, in accordance with Articles 135 and 267 of Regulation (EU) No 952/2013, for the presentation to customs authorities of the fluorinated greenhouse gases listed in Annex I to, and of the products and equipment referred to in Article 19 of this Regulation, at their entry into or at their exit from the customs territory of the Union. Controls shall be carried out by customs office personnel or by other authorised persons in accordance with national rules, who are knowledgeable about matters related to the prevention of illegal activities covered by this Regulation and have access to suitable equipment to carry out the relevant physical controls based on risk analysis.

Only the designated or approved customs offices or other places referred to in the first subparagraph shall be authorised to open or end a transit procedure of the gases and products or equipment covered by this Regulation.