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5.—(1) Subject to paragraph 6, a producer of hydrochlorofluorocarbons whose calculated level of production –
(a)in the period from the commencement date until 31st December 2003 exceeds
(b)in the period of 12 months ending on 31st December 2004 or any subsequent 31st December until (and including) 31st December 2007 exceeds its calculated 1997 level;
(c)in the period of 12 months ending on 31st December 2008 or any subsequent 31st December until (and including) 31st December 2013 exceeds 35% of its calculated 1997 level;
(d)in the period of 12 months ending on 31st December 2014 or any subsequent 31st December until (and including) 31st December 2019 exceeds 20% of its calculated 1997 level;
(e)in any of the periods of 12 months ending on 31st December 2020 or any subsequent 31st December until (and including) 31st December 2025 exceeds 15% of its calculated 1997 level,
commits an offence.
(2) In sub-paragraph (1), “calculated 1997 level”, in relation to a producer of hydrochlorofluorocarbons, means its calculated level of production in 1997.
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