The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

These Regulations make provision in relation to Council Regulation (EC) No. 2037/2000 on substances that deplete the ozone layer, as amended by Council Regulations (EC) Nos. 2038/2000 and 2039/2000, (referred to in these Regulations and the following paragraphs of this note as “the principal Regulation”).

The principal Regulation provides for a system that controls –

(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 regulation 5, these Regulations fulfil this requirement. In particular, they –

(i) designate the Department as the competent authority for the purposes of the principal Regulation that refer to the competent authority of a Member State (regulation 3);

(ii) require persons having control of the controlled substances mentioned in Articles 16 and 17 of the principal Regulation to comply with those provisions (regulation 4),

(iii) contain enforcement powers (regulation 6), and

(iv) set out offences and penalties in relation to failures to comply with the principal Regulation or these Regulations (regulations 7 to 9 and the Schedule).

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. Part IV 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 Customs and Excise Management Act 1979.

Regulation 5 enables customs officers to require proof of lawful 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.

Copies of the EC Regulation and extracts from the Official Journal may be obtained from Her Majesty’s Stationery Office, 16 Arthur Street, Belfast, BT1 4GD.