FantasticSearch

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 import, the undertaking holding the licence pursuant to Article 13(2) of this Regulation shall be the importer. Where the importer is not available, the undertaking holding that licence 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 holding the licence shall be the holder of the procedure. For the purposes of export, the undertaking holding the licence pursuant to Article 14(3) shall be the exporter indicated in the customs declaration.

3. In cases of imports of ozone-depleting substances, and products and equipment containing those substances or whose functioning relies upon those substances, 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) licensing system registration identification number and the number of the licence pursuant to Article 13(2) and Article 14(3);

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

(c) net mass of ozone-depleting substance(s), also when included in products and equipment;

(d) net mass multiplied by the ODP of the ozone-depleting substance(s), also when included in products and equipment;

(e) commodity code under which the goods are classified.

4. Customs authorities shall verify, in particular, whether 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, has a valid licence pursuant to Article 13(2) and Article 14(3).

5. Where relevant, customs authorities shall communicate information regarding the customs clearance of goods to the licensing system via the EU Single Window Environment for Customs.

6. Importers of ozone-depleting substances listed in Annex I 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 15(3), including evidence confirming the arrangements in place for the return of the container for the purpose of refilling.

7. Importers of halons in accordance with Article 13(1), point (g), and exporters of halons in accordance with Article 14(1), point (e), shall make available to customs authorities at the time when the customs declaration related to the release for free circulation or to the export is submitted a certificate confirming the nature of the substance as listed in Article 13(1), point (g), and Article 14(1), point (e).

8. Importers of ozone-depleting substances 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 15(4).

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 ozone-depleting substances and the compliance history of the undertaking concerned.

10. Based on risk analysis, when carrying out physical customs controls on the ozone- depleting 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 goods are appropriately labelled in accordance with Article 15(5) before those goods are released for free circulation. The importer or exporter 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 shall confiscate or seize the ozone-depleting substances, products and equipment that are prohibited by this Regulation for their disposal 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 substances, products and equipment for their disposal. Market surveillance authorities shall also withdraw or recall from the market such substances, products and equipment in accordance with Article 16 of Regulation (EU) 2019/1020. The re-export of ozone-depleting substances, products and equipment covered by this Regulation that do not comply with this Regulation shall be prohibited.

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

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 ozone-depleting substances listed in Annex I to this Regulation, and of products and equipment containing those substances or whose functioning relies upon those substances 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 ozone-depleting substances listed in Annex I, or of products and equipment containing those substances or whose functioning relies upon those substances.