Recital 25

(25)Following the Kigali Amendment, the export of HFCs from states that are parties to the Protocol to non-party states is prohibited. Such a prohibition is an important step towards the phasing down of HFCs. Nevertheless, several parties to the Protocol consider the prohibition to be insufficient to tackle the environmental concerns linked to the export of HFCs. Several developing countries that are parties to the Protocol have raised the problem of the export from other parties of inefficient refrigeration and air-conditioning appliances, using obsolete refrigerants and refrigerants with high GWP, to their markets, thus increasing service needs. Such a situation is particularly problematic in developing countries with limited resources and capacity for containment and recovery, as well as for used equipment with short remaining expected lifetimes and new equipment during use but at end of life. In the framework of the Union’s global efforts to mitigate climate change, in order to support the achievement of the objectives of the Protocol, and in accordance with what is already provided under Regulation (EC) No 1005/2009 of the European Parliament and of the Council ¹² , it is appropriate to prohibit the export of certain used and new equipment containing, or whose functioning relies upon, fluorinated greenhouse gases with a high GWP. That export prohibition should apply only in cases where the equipment is subject to a prohibition under Annex IV and at the same time meets the requirements set out in Article 22(3).