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The following list provides a snapshot of legislation, regulations
and policies used by different countries to control HCFCs. It is
a reference designed for National Ozone Units in Article 5 countries
that are considering new HCFC control measures in response to Decision
XIX/6 of the Parties to the Montreal Protocol.
This list should be useful during the preparation of HCFC Phaseout
Management Plans (HPMPs), when NOUs will be identifying and planning
for such measures.
This is an evolving list so please contact
us to suggest any additions.
HCFCs prohibited as of 1 January 2000 as solvents, irrespective
of the system used, and for the production of any type of foamed
plastic.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
As of 1 January 2000, HCFC prohibited as a refrigerant for any application
except in equipment which has been produced before 1 January 2002.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
The import, export and manufacture of HCFCs has been controlled
since 1996 under the Commonwealth
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
It also controls imports of refrigeration and air-conditioning equipment
containing an HFC or HCFC refrigerant and grants the Commonwealth
the power to create a nationally consistent system to control the
end-uses of these harmful gases.
Source: Austrlia
Department of the Environment, Water, Heritage and the Arts, Legislation
and regulations web site
A controlled substances licence may be granted under the Act for
the import and export of HCFCs. All licences to import or export
of HCFCs carries a condition that the licensee must only import
or export the substance from a country that has ratified the Montreal
Protocol and the relevant subsequent Amendments. To help facilitate
this, the Minister must maintain a Register of Montreal Protocol
Countries and the substances for which those countries are to be
treated as a Montreal Protocol country.
Source: Austrlia
Department of the Environment, Water, Heritage and the Arts, Legislation
and regulations web site
Through Ministerial Decree 254/1999 the country adopted a HCFC phase-out
schedule that meets the EU schedule with a 100% phase out by 2010.
Source:
Bulgarian HCFC Phase-out strategy 2003
In 1999, Bulgaria introduced a comprehensive licensing scheme for
HCFCs. This scheme includes 3 different measures to identify and
control HCFC usage: (1) Import quota: Every company wishing to import
HCFC shall apply MoEW for a quota. Actual imported quantities shall
be reported to MoEW the following year (2) Control by regional inspectorates
of MoEW: The regional inspectorates of MoEW shall every March report
on imported, exported, recycled and used quantities of HCFC. The
data are obtained at licensed importers and registered HCFC consumers
(3) Reporting by customs: The customs department report every March
on imported and exported quantities.
Source: Bulgarian
HCFC Phase-out strategy 2003
The Canadian Environmental Protection Act, 1999 (CEPA) controls
the import, manufacture, use, sale, export and certain end-uses
of ozone-depleting substances (including HCFCs). Based on this Act,
the Government has issued Ozone-depleting
Substances Regulations, 1998 and amendments,
and the Federal
Halocarbon Regulations, 2003 (FHR 2003) and other policies.
Source: Environment
Canada, Stratospheric Ozone
As of 7 July 1999, no person shall manufacture or import a pressurized
container that contains 2 kg or less of any HCFC, with some exemptions.
As of 1 January 2000, no person shall offer for sale or sell a pressurized
container that contains 2 kg or less of any HCFC, with some exemptions.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
As of 7 July 1999, no person shall manufacture or import plastic
foam in which any HCFC has been used as a foaming agent, except
for a rigid foam product or a flexible polyurethane boardstock foam
product. As of 1 January 2000, no person shall manufacture or import
any flexible polyurethane boardstock foam product in which any HCFC
has been used as a foaming agent.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
As of 7 July 1999, no person shall manufacture or import for use
in industrial cleaning HCFC-141b or any product containing HCFC-141b.
As of 1 January 2000, no person shall sell or offer for sale for
industrial cleaning or use in industrial cleaning HCFC- 141b or
any product containing HCFC-141b.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
As of 1 January 2010, no person shall manufacture, use, sell, offer
for sale or import HCFC-141b, HCFC-142b or HCFC-22, except for exportation
or for use as a refrigerant. Product ban: no person shall manufacture
or import any product that contains or intends to contain HCFC-141b,
HCFC-142b or HCFC-22. As of 1 January 2015, no person shall manufacture,
use, sell, offer for sale or import any HCFC except for manufacture
or import of HCFC for exportation or for use as a refrigerant before
January 1, 2020, except for HCFC-123.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
The amended
Ozone Depleting Substance controls transit shipment of HCFCs.
Transit is considered to be a temporary import followed by an export
(see examples)
. To avoid the requirement of an import permit and an export permit
for a shipment in transit, it has been decided to implement a notice
for transit shipment. In accordance with the Regulations, a notice
for transit shipment has to be provided, in the form approved by
the Minister, at least 15 days prior to the import or export.
Source: Environment
Canada, Stratospheric Ozone
Ban on HCFC for new installations and ban on import of HCFC systems.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
Significantly increased the import tax on HCFCs from 1 June 2002.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
Most HCFCs prohibited as of 1 June 1995, with the exception of certain
uses phased out at later dates.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
HCFCs prohibited as of 1 January 1996 for production of jointing
foam, rigid polyurethane, excluding insulating foam, flexible and
rigid p/u integral foam, rigid P/U insulating foam for district
heating pipes. HCFCs prohibited as of 1 January 2000 as mould release
agents, production of flexible P/U with density <23 kg/m3, and
uses in new commercial and industrial heat transfer systems and
associated automatic equipment. HCFCs prohibited as of 1 January
2002 in production of rigid XPS and PU insulating foam for uses
other than district heating pipes, uses in existing household, commercial
and industrial heat transfer systems and associated automatic equipment,
and uses in research, development and laboratories.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
The Refrigerant Sector Environment
Scheme (KMO) requires that all refrigerants must be recovered
and recycled, including HCFCs. Only registered enterprises and/or
individuals, who have the necessary knowledge and recovery equipment
are allowed to purchase refrigerant.
Source: UNFCCC
web site, Submissions from Parties to SBSTA, 23 September 1999.
According to national law, the Copenhagen community has adopted
a regulation that entered into force by 1 July 1999 which requires
leakage test for all larger refrigeration systems within the boundary
of the municipality containing artificial refrigerants, i.e. CFC,
HCFC, HFC and PFC. For HFC and PFC containing refrigeration systems
the requirement is 2 checks per annum for systems containing less
than 100 kg and 4 checks for systems containing more than 100 kg.
For CFC and HCFC containing equipment the checks are more often.
Source: UNFCCC
web site, Submissions from Parties to SBSTA, 23 September 1999.
Regulation (EC) No 1005/2009 of the European Parliament and
of the Council of 16 September 2009 on substances that deplete
the ozone layer. This Regulation
replaces Regulation (EC) No 2037/2000.
, as amended,
controls the production, importation, exportation, placing on the
market, use, recovery, recycling, reclamation and destruction of
all ozone-depleting substances including HCFCs. The regulation includes
detailed reporting requirements for these substances and a legal
basis for inspections and penalties whilst also foreseeing the inclusion
of new substances into the control scheme. On 1 August 2008, the
Commission presented a proposal for recasting and amending the regulation
in force, which must be adopted by the European Parliament and the
Council.
Source: EC
DG Environment, Protection of the Ozone Layer web site
After a review of Regulation (EC) No 2037/2000, which started at
the end of 2006, the Commission presented a proposal
on 1 August 2008 which recasts and amends the current legislation.
The proposal seeks to change the current legislation in several
ways, including bringing forward the production phase-out of HCFCs
from 2025 to 2020 in line with the recent decision under the Montreal
Protocol.
Source: EC
DG Environment, Protection of the Ozone Layer web site
includes an electronic licensing system
for imports and exports of ODS (including HCFCs), which also serves
to prevent the illegal trade in ozone-depleting chemicals.
Source: EC
DG Environment, Protection of the Ozone Layer web site
prohibits HCFC use for the following applications
as of specific dates: Refrigeration, air conditioning and heat pumps
in general as of 1 January 2001; Fixed air conditioning < 100kW
as of 1 July 2002; Reversible air conditioning/heat pumps as of
1 January 2004; Servicing existing systems with virgin HCFCs as
of 1 January 2010; Servicing existing systems with all HCFCs as
of 1 January 2015
Source:
EC DG Environment, Presentation at Ashgabat, Turkmenistan, 28 February
2007
controls import and exports of HCFCs.
Imports of HCFCs are subject to limits. All imports are licensed
by the Commission. Imports of products and equipment containing
HCFCs are prohibited, unless they were produced before the use ban.
HCFC exports are permitted (except non-Party states). All export
are authorised by Commission. Exports of HCFC equipment and products
are permitted (but use of HCFCs banned for such exports on 31 Dec
2009).
Source:
EC DG Environment, Presentation at Ashgabat, Turkmenistan, 28 February
2007
requires: data reporting by producers,
importers and exporters; annual checks for leaks; mandatory recovery
of used HCFC from certain equipment; recovery if practicable from
other products; recovered HCFCs to be recycled or destroyed;
mandatory training of persons handling HCFCs.
Source:
EC DG Environment, Presentation at Ashgabat, Turkmenistan, 28 February
2007
The Ozone
Depleting Substances Act No. 26 of 1998 and the and Ozone Depleting
Substances Regulation 2000 regulates the importation, exportation,
sale, storage and use of ozone depleting substances including HCFCs.
Source: Fiji
Ozone Depleting Substances Act
No person shall import, export, store, dispose of, or manufacture
HCFCs (whether virgin, recycled or in a mixture) with effect from
1 January 2031.
Source: Fiji
Ozone Depleting Substances Act
HCFCs prohibited as of 1 January 1999 in the production of integral
skin foams used for safety applications; and as a solvent for purposes
in which the use of HCFC compounds has not yet been banned by the
EU. Products and equipment containing the HCFC compounds in these
applications may not be placed on the market.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
HCFCs prohibited as of 1 January 2000 as refrigerants in equipment
installed and manufactured after 31 December 1999 (unless such use
has already been banned by the EU) and in the production of rigid
insulating foams. Products and equipment containing the HCFC compounds
in these applications may not be placed on the market.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
The French legislation on refrigerants, in its European Union context,
is described in this document (in
French only)
This is the first report (2008) of the declarations to the French
Observatory of refrigerants. Section 1 presents the regulatory context.
HCFC-22 prohibited in aerosols, packaging materials, foamed dishes
and trays as of 1 August 1991.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
HCFC-22 prohibited in construction foams as of 1 January 1993.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
Phase-out of HCFC-22 as of 1 January 2000 in new refrigeration and
air conditioning equipment and all foam uses.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
Phase-out of all HCFCs required as of 1 January 2005.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
HCFC licenses for use of recycled HCFC-22 for servicing existing
equipment.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
The country controls HCFCs through the Ozone
Depleting Substances (Regulation and Control) Rules 2000, which
provides a comprehensive set of regulations to control and monitor
production and use of ozone depleting substances in India.
Source: Ministry
of Environment and Forests, Ozone Cell, The Montreal Protocol India's
Success Story, 2008
Under the Ozone
Depleting Substances (Regulation and Control) Rules 2000, import
of HCFCs is restricted (subject to licensing); import of HCFCs from
non-Parties to the Montreal Protocol is prohibited; and import of
equipment containing HCFCs is restricted (subject to licensing).
Source: Ministry
of Environment and Forests, Ozone Cell, The Montreal Protocol India's
Success Story, 2008
Under the Ozone
Depleting Substances (Regulation and Control) Rules 2000, installation
of new capacity to manufacture HCFCs is prohibited; expansion of
existing capacity to manufacture HCFCs is prohibited.
Source: Ministry
of Environment and Forests, Ozone Cell, The Montreal Protocol India's
Success Story, 2008
Registration is compulsory under the ODS Regulation and Control
(Amendment) Rules, 2004. This amendment was issued so that all
enterprises using CTC and HCFC for manufacturing activities are
required to register with the designated authority vide amendment
Rules, 2004 on or before 31 December, 2005. The rules were further
amended on 18 September 2007. As per the amended rules, registration
for all ODS will be open till 31December 2009 and the existing registered
enterprises need not apply for renewal.
Source: Ministry
of Environment and Forests, Ozone Cell, The Montreal Protocol India's
Success Story, 2008
The use of HCFCs as interim substitutes to replace CFCs is permitted
up to 1 January 2030.
Source: Ministry
of Environment and Forests, Ozone Cell, The Montreal Protocol India's
Success Story, 2008
Currently there are no regulations specifically addressing HCFCs.
However, importers are required to complete a special form and provide
it to customs before they can import HCFCs.
Source: UNEP
DTIE OzonAction ROAP CAP team, March 2009
For fire-fighting applications, products with a GWP>3400, with
an ODP>0.065 and with an atmospheric lifetime of greater than
42 years are forbidden.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
As of 1 January 2000, use, import, and production of HCFCs with
an ODP>0.065 (includes HCFC-141b) are banned.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
Production, use, sale, import, and export of all HCFCs banned as
of 1 January 2008.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
Labelling required for HCFC-containing commercial refrigeration
equipment as of 1 April 2002.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
Production and import of HCFC-141b for foam sector banned as of
1 January 2004.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
New HCFC-22 refrigerant banned as of 1 January 2010. HCFC-22 refrigerant
(refill) banned as of 1 January 2020.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
HCFC-141b cleaning solvent banned as of 1 January 2010. HCFC-225
cleaning solvent banned as of 1 January 2020.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
HCFC-142b foam are banned as of 1 January 2010.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
The Law for Recycling of Specified Home Appliances requires manufacturers
of such home appliances as refrigerators and air conditionings to
recycle the end-of -use appliances and to recover CFCs, HCFCs and
HFCs as refrigerants. This law has been enforced since April 2001.
Source: UNFCCC
web site, Japan submission to SBSTA 11th Session, 5-14 June 2002.

The Fluorocarbons
Recovery and Destruction Law requires end-users of commercial
refrigerators, chillers and air conditionings to have refrigerant
CFCs, HCFCs and HFCs recovered by licensed recovery operators since
April 2001. End-users of mobile air conditionings will be required
by the law, to have their conditionings collected by licensed operators
and accordingly to have CFC or HFC refrigerants recovered by licensed
recovery operators after October 2002. Recovered fluorocarbons will
be destroyed by licensed operators, or will be reused.
Source: UNFCCC
web site, Japan submission to SBSTA 11th Session, 5-14 June 2002.

Mexican companies may trade HCFCs with countries specified in Articles
2 and 5 of the Montreal Protocol, since the obligation to begin
prohibiting this trade does not enter into force until 2016. Beginning
in that year, trade in HCFCs may only occur if countries have ratified
the Copenhagen and Beijing amendments.
Source: Commission
for Environmental Cooperation, ODS Policies and Regulations
Production, trade, import and export of all HCFC insulation materials
banned as of 1 January 1993.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
The use of HCFCs as solvents is only permitted if sufficient recapture
takes place according to specific legislative requirements.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
The use of HCFCs as refrigerants is only permitted if refrigeration
equipment is leak-tight according to the technical legislative requirements
for refrigeration equipment.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
Maintenance and servicing of refrigeration equipment is only permitted
by certified mechanics who are certified by the STEK-institute.
Certificates are only issued when the mechanics are examined on
theory and practice of the national requirements for refrigeration
equipment.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
Freeze production and consumption of HCFC by 1 Jan 2013; Reduce
production and consumption of HCFC by 10% (of freeze quantity) by
1
Jan 2015; Reduce production and consumption of HCFC by 35% by 1
Jan 2020; Reduce production and consumption of HCFC by 67.5% by
1 Jan 2025, and Phase-out production and consumption of HCFC by
1 Jan 2030. After 1 Jan 2030, an annual average of 2.5% of freeze
quantity of HCFCs is still allowed for servicing refrigeration and
air conditioning equipment existing on 1 January 2030. This amount
of HCFCs will be allowed for maintenance of existing inservice
equipment for the period 2030 2040. However, this is subject
to review in 2025.
Source: Singapore
National Environment Agency, Circular on Acceleration of Phase Out
of HCFCs, 6 May 2008
Sales ban of all refrigerators with HCFC refrigerant or foam.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
recommends that only accredited enterprises may
install or conduct any service or maintenance of refrigeration systems.
Material and design of refrigeration and air-conditioning system
shall be such that
leakage is minimized, maintenance is facilitated, refrigerant charge
is minimized, refrigerants with smallest effect on ozone layer and
climate is chosen. The refrigerants must be recovered or reclaimed
for reuse or destruction. All equipment shall be subject to regular
leak tests and controlled by accredited enterprises at least once
a year.
Source: UNFCCC
web site, Submissions from Parties to SBSTA, 23 September 1999.
Includes provisions for handling halons, HCFCs and HFCs (regular
leak tests at least once a year, a record must be kept of leakages,
only approved enterprises may handle fire extinguishing fluids,
facilities containing more than 20 kg of fire extinguishing fluids
must report annually to the Regional Authorities).
Source: UNFCCC
web site, Submissions from Parties to SBSTA, 23 September 1999.
HCFCs may only be used for the manufacture of rigid foam plastics
for insulation purposes as of 1 January 1994.
Source: UNFCCC
web site, Submissions from Parties to SBSTA, 23 September 1999.
Phase-out of HCFCs in new equipment as of 1 January 1998.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
Phase-out of HCFCs for servicing existing equipment as of 1 January
2002.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
Ban on HCFCs in rigid foam, new refrigeration (servicing permitted
until 2010/15) and as medical aerosol.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
Virgin HCFCs prohibited in maintenance and servicing of refrigeration
and air-conditioning equipment as of 1 January 2010. Recycled HCFCs
prohibited in maintenance and servicing as of 1 January 2015.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
It is mandatory in the UK for users of HCFCs in refrigeration units
to recover and recycle HCFCs.
Source: UK
Environment Agency web site
There is some use of HCFCs as solvents although this use is being
phased out (almost entirely banned in the UK from 2001). The UK
Environment Agency categorises HCFCs as a hazardous Volatile Organic
Compound (VOC).
Source: UK
Environment Agency web site
The United States amended the Clean
Air Act (CAA) in 1990 to include Title
VI, Stratospheric Ozone Protection. The Montreal Protocol provided
the basis for Title
VI, which included additional requirements to phase out the
production of substances that deplete the ozone layer. The U.S.
has already phased out many substances and is now phasing out HCFCs
(Class II substances) starting with those that have the greatest
ozone depletion potential.
Source:
US EPA Ozone Depletion web site 
In 2003 EPA issued baseline allowances for production and import
of HCFC-22 and HCFC-142b. EPA allocated 100 percent of the U.S.
consumption and production caps by allocating both consumption and
production allowances to individual companies for HCFC-141b, HCFC-22,
and HCFC-142b.
Source:
US EPA Ozone Depletion web site 
As of 1 January 2003, no domestic consumption of HCFC-141b allowed
unless specifically authorized due to technical constraints (e.g.
Space shuttle insulation foam). As of 1 January 2010, no domestic
consumption of HCFC-142b and HCFC-22, except for use in equipment
manufactured before 1/1/2010 (so no production or importing for
new equipment that uses these refrigerants). As of 1 January 2015,
no domestic consumption of any HCFCs, except for use as refrigerants
in equipment manufactured before 1 January 2020; labelling of all
HCFC products on (or before) this date. As of 1 January 2020, no
domestic consumption of any HCFC-142b and HCFC-22 (refrigeration
servicing tail).
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
As of 1 January 2003, production and import of HCFC-141b, the HCFC
with the highest ODP, are banned. As of 1 January 2010, the production
and import of HCFC-22 and HCFC-142b will be banned except for on-going
servicing needs in equipment manufactured before 1 January 2010.*
As of 1 January 2015, production or import of HCFCs will be banned
except where the HCFCs are used as a refrigerant in appliances manufactured
prior to 1 January 2020. As of 1 January 2020, remaining production
and import of HCFC-22 and HCFC-142b will be banned.* As of 1 January
2030, the remaining production and import of all other HCFCs will
be banned.* [Note*: certain additional exemptions apply, including
exemptions for (1) HCFCs used in processes resulting in their transformation
or destruction, or (2) pre-authorized import of HCFCs that are recovered
and either recycled or reclaimed.]
Source:
US EPA Ozone Depletion web site 
As of 1 January 2015, the introduction into interstate commerce
or use of HCFCs will be banned except where the HCFCs are used as
a refrigerant in appliances manufactured prior to 1 January 2020.
Certain additional exemptions apply, including exemptions for (1)
HCFCs used in processes resulting in their transformation or destruction,
or (2) pre-authorized import of HCFCs that are recovered and either
recycled or reclaimed.
Source:
US EPA Ozone Depletion web site 
All aerosol products, pressurized dispensers and foam products containing,
or manufactured with HCFCs - except those specifically exempted
by the regulations and those that are listed as essential medical
devices by the Food and Drug Administration, at 21 CFR 2.125(e)
-- are banned from sale and distribution. Exempted products include:
wasp and hornet sprays near high-tension power lines; solvents -
lubricants, coatings, or cleaning fluids for aircraft maintenance
and electrical, electronic or photographic equipment; solvents and
propellants - mold release agents, document preservation sprays,
spinnerette lubricant/cleaning sprays; fire suppression - portable
fire extinguishers in non-residential applications; foam - closed
cell insulation foam and integral skin foam for motor vehicle safety.
This regulation was in force from 1 January 1994 until 1996.
Source: TEAP
HCFC Task Force Report, May 2003, Annex 2 HCFC Control Measures
Acknowledgements:
Thanks to Pierre Olivier for
contributing to this compilation.
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