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26.—(1) Subject to Article 5(2) and (5) and paragraph 30, a person commits an offence if he uses, or causes or permits another person to use, hydrochlorofluorocarbons as refrigerants –
(a)on or after the commencement date, in equipment produced after 31st December 1995, for any of the following uses –
(i)in non-confined direct-evaporation systems;
(ii)in domestic refrigerators and freezers;
(iii)otherwise than for military uses, in motor vehicle, tractor or off-road vehicle or trailer air-conditioning systems (operating on any energy source);
(b)on or after the commencement date, in equipment produced after 31st December 1997, in rail transport air-conditioning;
(c)on or after the commencement date, in equipment produced after 31st December 1999, for either of the following uses –
(i)in public and distribution cold stores or warehouses;
(ii)for equipment with a shaft input equal to, or greater than, l50kW;
(d)after the commencement date, in refrigeration or air-conditioning equipment produced after that date, other than –
(i)equipment referred to in any of sub-paragraphs (a) to (c);
(ii)equipment excepted from sub-paragraph (a)(iii) (but see sub-paragraph (g));
(iii)fixed air-conditioning equipment with a cooling capacity of less than l00kW (but see sub-paragraph (e)); and
(iv)reversible air-conditioning/heat pump systems (but see sub-paragraph (f));
(e)on or after the commencement date, in fixed air-conditioning equipment with a cooling capacity of less than l00kW, produced after 30th June 2002;
(f)on or after 1st January 2004, in reversible air-conditioning/heat pump systems whose equipment is produced after 31st December 2003;
(g)on or after 31st December 2008, in any military use of motor vehicle, tractor or off-road vehicle or trailer air-conditioning system.
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