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1. The import, placing on the market, any subsequent supply or making available to another person within the Union for payment or free of charge, use or export of non-refillable containers for ozone-depleting substances, empty, or fully or partially filled, shall be prohibited, except for essential laboratory and analytical uses as referred to in Article 8. Such containers may only be stored or transported for subsequent disposal. 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.

2. Any non-refillable containers as referred to in paragraph 1, point (a), shall be seized, confiscated, withdrawn or recalled from the market by the customs authorities or the market surveillance authorities for disposal by destruction. It shall be prohibited to re-export non-refillable containers that are prohibited pursuant to paragraph 1.

3. Undertakings which place on the market refillable containers for ozone-depleting substances 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 ozone-depleting substances 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 ozone-depleting substances 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 ozone-depleting substances 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 in the declaration of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

4. The placing on the market of ozone-depleting substances shall be prohibited, unless producers or importers provide evidence to the competent authority of a Member State at the time of such placing on the market, that any trifluoromethane, produced as a by-product during the production process of the ozone-depleting substances, including during the production of feedstock for the production of those substances, has been destroyed or recovered for subsequent use, using best available techniques. For the purpose of providing that evidence, producers and importers shall draw up a declaration of conformity, accompanied by supporting documentation:

(a) establishing the origin of the ozone-depleting substances to be placed on the market;

(b) identifying the production facility of origin of the ozone-depleting substances to be placed on the market, including an identification of those facilities of origin of any precursor substances that involve the generation of chlorodifluoromethane (R-22) as part of the production process to produce the ozone-depleting substances to be placed on the market;

(c) proving the availability and operation of the abatement technology at the facilities of origin equivalent to UNFCCC-approved baseline methodology AM0001 for incineration of trifluoromethane waste streams or proving the capture and destruction methodology that ensured that emissions of trifluoromethane are destroyed in accordance with the requirements under the Protocol;

(d) on any additional information facilitating the tracking of the ozone-depleting substances prior to import. Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least 5 years from the placing on the market and make them 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 detailed arrangements relating to the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

5. Ozone-depleting substances listed in Annex I produced or placed on the market as feedstock, as process agents, for essential laboratory and analytical uses, or for destruction or reclamation, as referred to in Articles 6, 7, 8 and 12, respectively, may only be used for those purposes. Containers containing the ozone-depleting substances intended for the uses referred to in Articles 6, 7, 8 and 12 of this Regulation shall be labelled with a clear indication that the substance may only be used for the applicable purpose. Where such substances are subject to the labelling requirements provided for in Regulation (EC) No 1272/2008, such indication shall be included in the labels referred to in that Regulation. The Commission may, by means of implementing acts, determine the format and the indication to be used on the labels referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

6. Undertakings that produce, including as by-production or side-production, place on the market, supply to another person in the Union or receive from another person in the Union ozone-depleting substances listed in Annex I intended for use as feedstock, as process agents or intended to be destroyed or reclaimed, as well as undertakings that destroy or reclaim those substances or use those substances as feedstock or as process agents, shall keep records containing at least the following information for each ozone-depleting substance, as applicable:

(a) name of the ozone-depleting substance or mixture containing such substance;

(b) quantity produced, imported, exported, reclaimed or destroyed during the given calendar year;

(c) quantity supplied and received during the given calendar year, per individual supplier or receiver;

(d) names and contact details of the suppliers or receivers;

(e) quantity used during the given calendar year and specifying the actual use; and (f) quantity stored on 1 January and 31 December of the given calendar year. The undertakings shall keep the records referred to in the first subparagraph for at least 5 years after production, placing on the market, supply or receipt, and shall make them available, upon request, to the competent authorities of the Member State concerned or to the Commission. Those competent authorities and the Commission shall ensure the confidentiality of information contained in those records.