SCHEDULEOFFENCES RELATING TO CONTRAVENTIONS OF THE PRINCIPAL REGULATION

PART IIIoffences relating to contraventions of article 5

25.  Subject to Article 5(2) and (5)(1) and paragraph 30, a person commits an offence if he uses, or causes or permits another person to use, hydrochlorofluorocarbons –

(a)on or after the commencement date, in aerosols; or

(b)on or after the commencement date, as solvents –

(i)in non-contained solvent uses (including open-top cleaners and open-top dewatering systems without refrigerated areas);

(ii)in adhesives and mould-release agents other than those employed in closed equipment; or

(iii)for drain cleaning where hydrochlorofluorocarbons are not recovered;

(c)on or after the commencement date, as carrier gas for sterilisation substances in closed systems, in equipment produced after 31st December 1997;

(d)after the commencement date, as solvents in any application other than the precision cleaning of electrical and other components in aerospace or aeronautic applications; or

(e)after 31st December 2008, as solvents in any application.

(1)

Article 5(2) provides derogations for laboratory uses and use as feedstock or processing agents. Article 5(5) suspends use restrictions until 31st December 2009 in relation to production of products for export to countries where the use of hydrochlorofluorocarbons is for the time being permitted.