4. The placing on the market of ozone-depleting substances shall be prohibited, unless producers or importers provide evidence to the competent authority of a Member State at the time of such placing on the market, that any trifluoromethane, produced as a by-product during the production process of the ozone-depleting substances, including during the production of feedstock for the production of those substances, has been destroyed or recovered for subsequent use, using best available techniques.
For the purpose of providing that evidence, producers and importers shall draw up a declaration of conformity, accompanied by supporting documentation:
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(a)
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establishing the origin of the ozone-depleting substances to be placed on the market;
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(b)
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identifying the production facility of origin of the ozone-depleting substances to be placed on the market, including an identification of those facilities of origin of any precursor substances that involve the generation of chlorodifluoromethane (R-22) as part of the production process to produce the ozone-depleting substances to be placed on the market;
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(c)
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proving the availability and operation of the abatement technology at the facilities of origin equivalent to UNFCCC-approved baseline methodology AM0001 for incineration of trifluoromethane waste streams or proving the capture and destruction methodology that ensured that emissions of trifluoromethane are destroyed in accordance with the requirements under the Protocol;
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(d)
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on any additional information facilitating the tracking of the ozone-depleting substances prior to import.
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Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least 5 years from the placing on the market and make them available, upon request, to the competent authority of the Member State concerned or to the Commission.
The Commission may, by means of implementing acts, determine the detailed arrangements relating to the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).