Article 6 Feedstock

1.   By way of derogation from Article 4(1), ozone-depleting substances listed in Annex I may be produced, placed on the market and subsequently supplied or made available to another person within the Union for payment or free of charge in order to be used as feedstock.

2.   The Commission shall, where appropriate, adopt delegated acts in accordance with Article 29 to supplement this Regulation by establishing a list of chemical production processes for which the use of ozone-depleting substances listed in Annex I as feedstock shall be prohibited on the basis of the technical assessments carried out under the Protocol, in particular the quadrennial reports prepared by the assessment panels under the Protocol, that include assessments of available alternatives to existing feedstock uses and of emission levels of existing feedstock uses.

3.   By way of derogation from paragraph 2, where no technical assessments of available alternatives to existing feedstock uses and of emission levels of existing feedstock uses carried out under the Protocol are available that provide a sufficient basis for taking a decision whether to prohibit a feedstock use, the Commission shall, by 31 December 2027, make its own assessment on the basis of scientific recommendations on the existing feedstock uses, the impacts in terms of ozone-depleting potential (ODP) and the availability of more precise data on the greenhouse gas emissions from feedstock, technological developments resulting in the availability of technically feasible alternatives, and the energy use, efficiency, economic feasibility and cost of those alternatives, and shall adopt, where appropriate, on the basis of that assessment, the delegated acts referred to in paragraph 2.

4.   The list established pursuant to paragraph 2 may be updated, where necessary, in light of the findings of the quadrennial reports prepared by the assessment panels under the Protocol or of the Commission’s own assessments.