United Kingdom Statutory Instruments

(a) chlorofluorocarbons,

(b) other fully halogenated chlorofluorocarbons,

(c) halons,

(d) carbon tetrachloride,

(e) 1,1,1-trichloroethane, or

(f) hydrobromofluorocarbons,

otherwise than in accordance with an authorisation issued by the Secretary of State under Article 3(5) pursuant to a licence issued by the Commission under Article 3(4) for the purposes of the second sub-paragraph of paragraph (1) of Article 3 (essential uses), commits an offence.

     2.  - (1) Subject to paragraph 3, a producer of methyl bromide whose calculated level of production - 

(a) in the period from the commencement date until 31st December 2002 exceeds 40% of



its calculated 1991 level
	× the number of days beginning with the commencement date to 31st December 2002; or
365

(b) in either of the periods of 12 months ending on 31st December 2003 and 31st December 2004 exceeds 25% of its calculated 1991 level,

commits an offence.

    (2) In sub-paragraph (1), "calculated 1991 level", in relation to a producer of methyl bromide, means its calculated level of production in 1991, excluding any methyl bromide produced for quarantine or preshipment applications; and any reference to any other calculated level of production similarly excludes a reference to amounts of methyl bromide produced for quarantine or preshipment applications.

     3. Paragraph 2 shall apply in a case where an authorisation has been issued - 

(a) by the Secretary of State under any of paragraphs (5) to (8) of Article 3; or

(b) by the Commission under paragraph (9) or (10) of that Article,

as if, for the maximum calculated level of production ascertained in accordance with sub-paragraph (a) or (b), as the case may be, there were substituted the maximum calculated level of production specified in the authorisation or ascertained in accordance with the relevant paragraph of Article 5.

     4. A person who produces, or causes or permits another person to produce, methyl bromide after 31st December 2004 otherwise than in accordance with an authorisation issued by the Secretary of State pursuant to a licence issued by the Commission under Article 3(4) for the purposes of Article 3(2)(ii) (critical uses) commits an offence.

     5.  - (1) Subject to paragraph 6, a producer of hydrochlorofluorocarbons whose calculated level of production - 

(a) in the period from the commencement date until 31st December 2002 exceeds



its calculated 1997 level
	× the number of days beginning with the commencement date to 31st December 2002; or
365

(b) in the period of 12 months ending on 31st December 2003 or any subsequent 31st December until (and including) 31st December 2007 exceeds its calculated 1997 level;

(c) in the period of 12 months ending on 31st December 2008 or any subsequent 31st December until (and including) 31st December 2013 exceeds 35% of its calculated 1997 level;

(d) in the period of 12 months ending on 31st December 2014 or any subsequent 31st December until (and including) 31st December 2019 exceeds 20% of its calculated 1997 level;

(e) in any of the periods of 12 months ending on 31st December 2020 or any subsequent 31st December until (and including) 31st December 2025 exceeds 15% of its calculated 1997 level,

commits an offence.

    (2) In sub-paragraph (1), "calculated 1997 level", in relation to a producer of hydrochlorofluorocarbons, means its calculated level of production in 1997.

     6. Paragraph 5 shall apply in a case where an authorisation has been issued - 

(a) by the Secretary of State under paragraph (8) of Article 3; or

(b) by the Commission under paragraph (9) or (10) of that Article,

as if, for the maximum calculated level of production ascertained in accordance with sub-paragraph (a), (b), (c) or (d), as the case may be, there were substituted the maximum calculated level of production specified in the authorisation or ascertained in accordance with the relevant paragraph of Article 5.

     7. A person who produces, or causes or permits another person to produce, hydrochlorofluorocarbons after 31st December 2025 commits an offence.

(a) subject to Article 4(4)(i)(a) and (b) and (5), places, or causes or permits another person to place, chlorofluorocarbons on the market; or

(b) subject to Article 4(4)(i)(b) and (5), uses, or causes or permits another person to use, chlorofluorocarbons otherwise than - 


(i) in the maintenance or servicing of refrigeration and air-conditioning equipment or in finger-printing processes;

(ii) in delivery mechanisms for hermetically sealed devices designed for implantation in the human body for delivery of measured doses of medication, or

(iii) in existing military applications, or



(c) uses, or causes or permits another person to use, chlorofluorocarbons in an application referred to in sub-paragraphs (b)(ii) or (iii) otherwise than in accordance with the terms of an authorisation issued by the Commission under Article 4(1),

commits an offence.

     9. A person who, on or after the commencement date, uses, or causes or permits another person to use, chlorofluorocarbons in an application referred to in paragraph 8(b)(i), commits an offence.

     10. A person who, on or after 31st December 2004, uses, or causes or permits another person to use, chlorofluorocarbons in an application referred to in paragraph 8(b)(ii), commits an offence.

     11. A person who, on or after 31st December 2008, uses, or causes or permits another person to use, chlorofluorocarbons in any military application, commits an offence.

     12. A person who, on or after the commencement date, subject to Article 4(4)(i)(a) and (b) and (5) - 

(a) places, or causes or permits another person to place, on the market - 


(i) other fully halogenated chlorofluorocarbons,

(ii) carbon tetrachloride,

(iii) 1,1,1-trichloroethane, or

(iv) hydrochlorofluorocarbons; or



(b) subject to Article 4(4)(i)(b) and (5), uses any of those substances otherwise than in the maintenance or servicing of refrigeration and air-conditioning equipment or in finger-printing processes,

commits an offence.

     13. A person who, on or after the commencement date uses, or causes or permits another person to use, any of the substances mentioned in paragraph 12 in the maintenance or servicing of refrigeration and air-conditioning equipment or in finger-printing processes, commits an offence.

     14. A person who, on or after the commencement date, places, or causes or permits another person to place, on the market halons that have not been recovered, recycled or reclaimed in an existing fire protection system, commits an offence unless - 

(a) the placing on the market is authorised by virtue of Article 4(4)(i)(a) or (b) or (5); or

(b) the halon - 


(i) is halon 1301 or halon 1211, and

(ii) its placing on the market is for a critical use for the time being specified in relation to that substance in Annex VII to the principal Regulation.

     15. A person who, on or after 31st December 2002, places, or causes or permits another person to place, on the market halons that have been recovered, recycled or reclaimed in existing fire protection systems, commits an offence unless - 

(a) the placing on the market is authorised by virtue of Article 4(4)(i)(a) or (b) or (5); or

(b) the halon - 


(i) is halon 1301 or halon 1211, and

(ii) its placing on the market is for a critical use for the time being specified in relation to that substance in Annex VII to the principal Regulation.

     16. A person who, on or after the commencement date, uses, or causes or permits another person to use, halons that have not been recovered, recycled or reclaimed in an existing fire protection system, commits an offence unless - 

(a) the use is authorised by virtue of Article 4(4)(i)(b) or (5);

(b) the halons are used for the maintenance or servicing of refrigeration and air-conditioning equipment or in a finger-printing process; or

(c) the halon - 


(i) is halon 1301 or halon 1211; and

(ii) its use is a critical use for the time being specified in relation to that substance in Annex VII to the principal Regulation.

     17. A person who, on or after 31st December 2002, uses, or causes or permits another person to use, halons that have been recovered, recycled or reclaimed in existing fire protection systems, commits an offence unless - 

(a) the use is authorised by virtue of Article 4(4)(i)(b) or (5); or

(b) the halon - 


(i) is halon 1301 or halon 1211; and

(ii) its use is a critical use for the time being specified in relation to that substance in Annex VII to the principal Regulation.

     18. A person who maintains a fire protection system or fire extinguisher containing halons after 30th December 2003 commits an offence unless - 

(a) the halon is halon 1301 or halon 1211; and

(b) its use in that system or extinguisher is a critical use for the time being specified in relation to that substance in Annex VII to the principal Regulation.

     19. A person who fails to recover halons from a fire protection system or fire extinguisher whose decommissioning is required by Article 4(4)(v) commits an offence.

     20.  - (1) A producer or importer of methyl bromide which places on the market or uses for its own account a calculated level of methyl bromide which - 

(a) in the period from the commencement date until 31st December 2002 exceeds 40% of



its calculated 1991 level
	× the number of days beginning with the commencement date to 31st December 2002; or
365

(b) subject to sub-paragraph (2), in either of the periods of 12 months ending on 31st December 2003 and 31st December 2004 exceeds 25% of its calculated 1991 level,

commits an offence unless - 

(i) where he places it on the market, its placing on the market is authorised by Article 4(4)(i) or (5); or

(ii) where he uses it for his own account, its use is authorised by Article 4(4)(i)(b) or (5).

    (2) Paragraph (b) of sub-paragraph (1) shall apply in a case where an adjustment has been made by the Commission pursuant to Article 4(2) as if, for the maximum calculated level ascertained in accordance with that paragraph, there were substituted the maximum calculated level specified by the Commission.

    (3) In sub-paragraph (1) "calculated 1991 level", in relation to a producer or importer of methyl bromide, means the calculated level of methyl bromide which it placed on the market or used for its own account in 1991, other than any methyl bromide placed on the market or used on its own account for quarantine or preshipment applications.

    (4) Any reference in sub-paragraphs (1) and (2) to a calculated level, other than a calculated 1991 level, excludes a reference to amounts of methyl bromide placed on the market or used for the producer's or importer's own account for quarantine or preshipment applications.

     21.  - (1) A producer or importer which places on the market or uses for its own account for quarantine and preshipment applications a calculated level of methyl bromide which - 

(a) in the period from the commencement date until 31st December 2002 exceeds



the average of the calculated level of methyl bromide
	× the number of days beginning with the commencement date to 31st December 2002; or
365

(b) in any period of twelve months ending on 31st December in any later year exceeds the average of the calculated level of methyl bromide,

commits an offence.

     22. A producer or importer which places methyl bromide on the market after 31st December 2004 or uses methyl bromide for its own account after that date commits an offence unless - 

(a) it is placed on the market or used for a purpose mentioned in Article 4(4)(i)(b) or pursuant to such a transfer as it mentioned in Article 4(5); or

(b) it is placed on the market for destruction within the Community by technologies approved by the Parties.

     23. An undertaking, other than a producer or importer, which after 31st December 2005 - 

(a) places methyl bromide on the market otherwise than for a purpose mentioned in Article 4(4)(i); or

(b) uses methyl bromide otherwise than for a purpose mentioned in Article 4(4)(i)(b),

commits an offence.

     24.  - (1) A producer or importer of controlled substances who places on the market or uses for its own account a calculated level of hydrochlorofluorocarbons which - 

(a) in the period from the commencement date until 31st December 2002, exceeds, as a percentage of the calculated levels set out in Article 4(3)(i)(a) to (c)



its percentage market share in 1996
	× the number of days beginning with the commencement date to 31st December 2002; or
365

(b) in any of the periods of 12 months ending on 31st December 2003 or on any subsequent 31st December until (and including) 31st December 2009, exceeds the quota allocated to it for that year pursuant to the mechanism determined by the Commission under Article 4(3)(ii);

commits an offence unless sub-paragraph (2) applies to their placing on the market or use.

    (2) This sub-paragraph applies - 

(a) to the placing on the market or use of hydrochlorofluorocarbons - 


(i) for a purpose mentioned in Article 4(4)(i)(b),

(ii) pursuant to such a transfer as is mentioned in Article 4(5), and

(iii) in accordance with an authorisation of the Commission pursuant to Article 5(7); and



(b) to the placing of hydrochlorofluorocarbons on the market for destruction within the Community by technologies approved by the Parties.

     25. A producer or importer which, after 31st December 2009, places hydrochlorofluorocarbons on the market or uses them for its own account, commits an offence unless - 

(a) they are placed on the market or used - 


(i) for a purpose mentioned in Article 4(4)(i)(b),

(ii) pursuant to such a transfer as is mentioned in Article 4(5), or

(iii) in accordance with an authorisation of the Commission pursuant to Article 5(7); or



(b) they are placed on the market for destruction within the Community by technologies approved by the Parties.

     26. A person who, on or after the commencement date, places, or causes or permits another person to place, on the market any product or equipment containing - 

(a) chlorofluorocarbons,

(b) other fully halogenated chlorofluorocarbons,

(c) halons,

(d) carbon tetrachloride,

(e) 1,1,1-trichloroethane, or

(f) hydrobromofluorocarbons,

commits an offence unless - 

(i) the product or equipment was manufactured before 1st October 2000;

(ii) the use of the substance in that product or equipment is authorised in accordance with the second sub-paragraph of Article 3(1); or

(iii) the product or equipment contains halons and is for a critical use for the time being specified in relation to that substance in Annex VII to the principal Regulation.

(a) the production, placing on the market and use of,

(b) trade in, and

(c) emission of certain substances ("controlled substances") that deplete the ozone layer.

Member States are required to deal with a number of matters by means of their domestic legislation. With the exception of regulations 4, 7, 8 and 14, these Regulations fulfil this requirement. In particular, they - 

(i) designate the Secretary of State as the competent authority for the purposes of the principal Regulation in its application to England, Wales and Scotland and, in relation to controls on importation, in its application to Northern Ireland (regulation 3, which gives effect to Article 6(1) and other provisions of the principal Regulation that refer to the competent authority of a Member State),

(ii) prohibit and restrict importation, landing and unloading of certain controlled substances, new substances, equipment and products (regulation 5, which gives effect to Articles 6, 8 and so much of Article 22 as relates to the release of new substances for free circulation in the Community and inward processing).

(iii) require persons having control of the controlled substances mentioned in Articles 16 and 17 of the principal Regulation to comply with those provisions (regulation 6).

(iv) contain enforcement powers (regulations 9 and 10), and

(v) set out offences and penalties in relation to failures to comply with the principal Regulation or these Regulations (regulations 11 to 13 and the Schedule).

Subject to the exceptions noted below, Parts I, II and III of the Schedule give effect to Article 21 of the principal Regulation in relation to breaches of Articles 3, 4 and 5, respectively. (Parts II and III do not deal with breaches of so much of paragraph (6) of Article 4 and paragraph (4) of Article 5 as relates to importation, because offences and penalties relating to that matter are provided for in the Customs and Excise Management Act 1979 ("the 1979 Act").) Part IV of the Schedule gives effect to Article 21 in relation to breaches of Article 7. Part V of the Schedule gives effect to Article 21 in relation to breaches of so much of Article 22 as relates to the production, placing on the market and use of new substances.

Contraventions of the prohibitions imposed by Article 11 (export of controlled substances or products containing controlled substances) are enforceable under section 68 of the 1979 Act.

Regulations 4 and 8 permit the Secretary of State to require controlled substances, new substances, equipment or products that have been unlawfully imported, landed or unloaded to be disposed of harmlessly or removed from England, Wales and Scotland and, to the extent that they have been imported, from Northern Ireland.

Regulation 7 enables customs officers to require proof of lawful import or export, and to detain controlled substances, products and equipment until such proof has been furnished. In the absence of such proof, the substance, product or equipment is liable to forfeiture.

Regulation 14 revokes the Environmental Protection (Non-Refillable Refrigerant Containers) Regulations 1994, which are superseded by these Regulations. It also revokes the Environmental Protection (Controls on Substances that Deplete the Ozone Layer) Regulations 1996, which made provision in relation to Council Regulation (EC) No. 3093/94 on substances that deplete the ozone layer (O.J. No. L.333, 22.12.1994, p.1). That Regulation is repealed by Article 23 of the principal Regulation.

A regulatory impact assessment in respect of the Regulations may be obtained from the Department for Environment, Food and Rural Affairs. Global Atmosphere Division, Zone 3/A3, Ashdown House, 123 Victoria Street, London, SW1E 6DE. A copy has been placed in the library of each House of Parliament.