FantasticSearch

1. By way of derogation from Article 4(2) and Article 5(2), the following exports are allowed:

(a) ozone-depleting substances to be used for essential laboratory and analytical uses as referred to in Article 8;

(b) ozone-depleting substances to be used as feedstock in accordance with Article 6;

(c) ozone-depleting substances to be used as process agents in accordance with Article 7;

(d) virgin or reclaimed hydrochlorofluorocarbons, for uses other than those referred to in points (a) and (b), except for destruction;

(e) recovered, recycled or reclaimed halons stored for critical uses as referred to in Article 9(1) by undertakings authorised by the competent authority of a Member State concerned to store halons for critical uses;

(f) products and equipment containing halons or whose functioning relies upon halons, for the purposes of critical uses as referred to in Article 9(1);

(g) products and equipment containing ozone-depleting substances imported under Article 13(1), point (j), or whose functioning relies upon those substances.

2. By way of derogation from Article 5(2), the Commission may, by means of implementing acts, following a request by a competent authority of a Member State, authorise the export of products and equipment containing hydrochlorofluorocarbons where it is demonstrated that in view of the economic value and the expected remaining lifetime of the specific good, the prohibition of export would impose a disproportionate burden on the exporter, and such export is in accordance with domestic legislation of the country of destination. Before authorising the export request, the Commission shall verify that the domestic legislation of the country of destination ensures that such products and equipment shall, after the end of their life cycle, be handled in an appropriate way with a view to minimising releases of ozone-depleting substances. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2). Prior to such export, the Commission shall notify the country of destination thereof.

3. The exports referred to in paragraphs 1 and 2 of this Article shall be subject to the presentation of a valid licence to customs authorities issued by the Commission pursuant to Article 16, except in the case of re-export subsequent to temporary storage.