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The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002

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28.—(1) Subject to Article 5(2) and (5) and paragraph 32 below, 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, 150kW;

(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) below);

(iii)fixed air-conditioning equipment with a cooling capacity of less than 100kW (but see sub-paragraph (e) below); and

(iv)reversible air-conditioning/heat pump systems (but see sub-paragraph (f) below);

(e)on or after 1st July 2002, in fixed air-conditioning equipment with a cooling capacity of less than 100kW, 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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