Proposed amendments to Ozone-Depleting Substances legislation
A consultation began on 18 May 2007 on proposals to amend The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002 (SI 2002 No 528) and The Ozone-Depleting Substances (Qualifications) Regulations 2006 (SI 2006 No 1510).
The ozone layer protects all living things from harmful radiation from the sun. The Montreal Protocol is an international agreement that has led to successive cuts in production and consumption of ozone-depleting substances. EC ozone legislation gives effect to these requirements and in some ways goes beyond those international requirements. SI 2002 No 528 created offences and penalties for failure to comply with the EC legislation and provided enforcement powers. The proposed amending Regulations are intended to:
- Set requirements for persons intending to fumigate with methyl bromide for quarantine or pre-shipment purposes to obtain prior authorisation from port health authorities and local authorities;
- amend the powers currently provided for enforcement of the obligations in EC Regulation 2037/2000 on substances that deplete the ozone layer so as to provide additional enforcement powers for the Environment Agency, the Scottish Environment Protection Agency and local authorities and to remove references to any functions to be exercised by the Health and Safety Executive;
- apply the relevant provisions of the amended SI 2002/528 to offshore oil and gas installations;
- Set new offences and penalties in relation to failure to supply information/records about halon exports and production/use of bromochloromethane in breach of EU/international bans;
- provide powers for the Secretary of State to require persons to dispose of improper exports of a controlled substance, a product or equipment and for it to be an offence for failure to do so.
These Regulations will be applicable to England, Scotland, and Wales (including offshore oil and gas installations which fall within the remit of the Department of Trade and Industry (DTI)) and in relation to importation, in Northern Ireland. Separate Regulations will be issued by the Department of the Environment in Northern Ireland.
The proposed amendment to the Ozone Depleting Substances (Qualifications) 2006 makes a minor addition in relation to fire protection qualifications.
This consultation closes on 14 August 2007. Further information, including the full consultation document and draft statutory instruments, is available from:
http://www.defra.gov.uk/corporate/consult/ozone/index.htm
Source: www.defra.gov.uk (accessed 08/06/07)