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Guidance on EC Regulation No 2037/2000 on substances that deplete the ozone layer

These pages are intended as a guide on how EC Regulation 2037/2000 on ozone depleting substances (ODS) will affect users, producers, suppliers, maintenance and servicing engineers and those involved in the disposal of all ODS.  These substances are mainly used in refrigeration, air-conditioning, foam blowing, dry cleaning, industrial solvents and in fire fighting.  The substances covered include chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), halons, 1,1,1 trichloroethane, carbon tetrachloride and bromochloromethane (CBM).

Review of the Regulation 2037/2000

The final results of the study by milieu are now available on the Commission's Ozone website in the form of a Summary Report and Final Regulatory Options and Assessment Reports.  The Commission has invite Stakeholders to submit comments on the recommendations (to be found in boxes in the Summary Report, but covered in more detail in the other documents) by 1 March 2008.

Amendments to 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 Environmental Protection (Controls on Ozone-Depleting Substances) (Amendment) Regulations 2008 (SI 2008 No.91) and The Ozone-Depleting Substances (Qualifications) (Amendment) Regulations 2008 (SI 2008 No.97) came into force on 15 February 2008.

The Environmental Protection (Controls on Ozone-Depleting Substances) (Amendment) Regulations 2008 (SI 2008 No.91);

• Introduce 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 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 remove references to any functions to be exercised by the Health and Safety Executive;
• Apply the relevant provisions of the amended SI 2002 No.528 to offshore oil and gas installations;
• Introduce 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 apply to England, Scotland, and Wales (including offshore oil and gas installations which fall within the remit of the Department for Business Enterprise & Regulatory Reform (BERR)) and in relation to importation, in Northern Ireland. Separate Regulations will be issued by the Department of the Environment in Northern Ireland.

EC ozone legislation 2037/2000 gives effect to the requirements of the Montreal Protocol 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. SI 2006 No 1510 relates to minimum qualifications for those working on the recovery, recycling, reclamation or destruction of ozone-depleting substances and the prevention and minimisation of leakages of ozone-depleting substances.

Guidance Booklets

The DTI and Defra published a set of four guidance booklets that summaries key aspects of EC Regulation No 2037/2000.  These booklets can be viewed by clicking on the relevant hyperlink or they can be ordered from the BERR Publications Orderline (below). 

Guidance on New EC Regulation No 2037/2000

The information contained in this booklet is intended as a short guide explaining the impact of the new EC Regulation.  The new EC Regulation introduces bans on the supply and use of CFCs, halons, 1,1,1 trichloroethane, carbon tetrachloride and CBM.  These prohibitions take effect immediately on or shortly after 1st October 2000 – users of these substances will need to take early action.  The new EC Regulation also introduces a revised schedule for the phase out of HCFCs, accompanied by a number of important new use controls.

Refrigeration and Air-Conditioning

Users of CFC (chlorofluorocarbon) and HCFC (hydrochlorofluorocarbon) refrigerants need to be aware of a number of significant changes to the previous phase out regulations. The aim of this Guide is to outline these changes and to help users decide on appropriate action plans.    Details of how to obtain further help are also given at the end of this booklet.

Disposal of fridges:

Information on how to dispose of fridges and freezers can be found on the Defra website.  The comprehensive list of FAQs (frequently asked questions) are designed to address the issues related to ozone depleting substances within waste refrigeration equipment, and are not intended to provide a comprehensive review of the Regulation.

Solvents

This Guide provides details of how the EC Regulation 2037/2000 on ozone depleting substances (ODS) will affect the use of ozone depleting solvents.  The Guide is aimed at all key parties in the solvent market including users, designers, equipment manufacturers and solvent suppliers.

The solvents affected by the EC Regulation are CFC 113,  1,1,1-trichloroethane and HCFC (hydrochlorofluorocarbon) solvents such as HCFC 141b.

Users of ozone depleting solvents need to be aware of a number of significant changes introduced by the new EC Ozone Regulation.  The aim of this Guide is to outline these changes and to help users decide on appropriate action plans.  Details of how to obtain further help are also given at the end of this booklet.

Halons

This Guide provides details of how the EC Regulation 2037/2000 on ozone depleting substances (ODS) will affect the use of fire fighting systems and explosion protection equipment.  This guide is aimed at all key parties in these markets including users, designers, equipment manufactures, installation contractors and maintenance contractors.

Users of halon fire extinguishing fluids need to be aware of a number of significant changes to the previous halon phase out regulations.  The aim of this Guide is to outline these changes and to help users decide on appropriate action plans.  Details of how to obtain further help are also given at the end of this booklet. Halon 1211 is used mainly in hand-held fire extinguishers and halon 1301 in total flooding systems: both forms of hardware are referred to in this document as "equipment".

Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer as published in the Official Journal of the European Communities on 29 September 2000.

BERR Publications Orderline
Tel: 0845 015 0010
Fax: 0845 015 0030
email: publications@berr.gsi.gov.uk

CONTACTS:

If you have any further enquiries please contact:

Department for Business Enterprise & Regulator Reform (BERR)
Tel: 020 7215 6248
email:  

or

Elizabeth Chrominska
Department of Environment
Food and Rural Affairs (Defra)
Tel: 020 7238 3163
email: elizabeth.chrominska@defra.gsi.gov.uk