1. Import and export of hydrofluorocarbons and of products and equipment containing hydrofluorocarbons or whose functioning relies upon those gases, from and to any State or regional economic integration organisation that has not agreed to be bound by the provisions of the Protocol applicable to those gases, shall be prohibited from 1 January 2028.
2. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing the rules applicable to the release for free circulation and export of products and equipment imported from and exported to any State or regional economic integration organisation within the meaning of paragraph 1, which were produced using hydrofluorocarbons but do not contain gases which can be positively identified as hydrofluorocarbons, as well as rules on the identification of such products and equipment. When adopting those delegating acts, the Commission shall take into account the relevant decisions taken by the Parties to the Protocol and, as regards the rules on the identification of such products and equipment, any periodic technical advice given to the Parties to the Protocol.
3. By way of derogation from paragraph 1, trade with any State or regional economic integration organisation within the meaning of paragraph 1 in hydrofluorocarbons, and in products and equipment containing hydrofluorocarbons or whose functioning relies upon those gases or which are produced by means of one or more such gases, may be authorised by the Commission, by means of implementing acts, to the extent that the State or regional economic integration organisation is determined by a meeting of the Parties to the Protocol pursuant to Article 4(8) of the Protocol to be in full compliance with the Protocol and has submitted data to that effect as specified in Article 7 of the Protocol. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
4. Subject to any decision taken by the Parties to the Protocol, as referred to in paragraph 2, paragraph 1 shall apply to any territory not covered by the Protocol in the same way as such decisions apply to any State or regional economic integration organisation within the meaning of paragraph 1.
5. Where the authorities of a territory not covered by the Protocol are in full compliance with the Protocol and have submitted data to that effect as specified in Article 7 of the Protocol, the Commission may decide, by means of implementing acts, that some or all of the provisions of paragraph 1 of this Article shall not apply in respect of that territory. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).