1. For the purpose of industrial rationalisation within a Member State, producers may transfer totally or partially their production rights to any other undertaking in that Member State, provided that the calculated levels of production of Parties to the Protocol are respected. Transfers shall be approved by the Commission and the relevant competent authorities and carried out via the F-gas Portal.
2. For the purpose of industrial rationalisation between Member States, the Commission may, in agreement with both the competent authority of the Member State in which a producer’s relevant production is situated, and the competent authority of the Member State in which excess calculated levels of production under the Protocol are available, authorise via the F-gas Portal that producer to exceed its production rights referred to in Article 14(3) by a specified amount, considering the conditions set out in the Protocol.
3. The Commission may, in agreement with both the competent authority of the Member State in which a producer’s relevant production is situated and the competent authority of the third country Party concerned, authorise a producer to combine the production rights referred to in Article 14 with the calculated levels of production allowed to a producer in a third country Party under the Protocol and that producer’s national law for the purpose of industrial rationalisation with a third country Party, provided that the combined production by the two producers do not lead to an exceedance of calculated levels of production of the two Parties to the Protocol and any relevant national law is respected.