The Environmental Protection (Controls on Ozone–Depleting Substances) (Amendment) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002, S.I. 2002/528 (“the 2002 Regulations”). The 2002 Regulations make provision in relation to Council Regulation No 2037/2000 on substances that deplete the ozone layer (OJ L 244, 29.9.2000, p. 1), as amended, (“the principal Regulation”). The main changes are as follows.

The application of the 2002 Regulations is extended to offshore installations in the marine area; see new regulation 1A, inserted by paragraph 1 of the Schedule to these amending Regulations. The definition of “the marine area” is contained in new regulation 2(1) and the definition of “offshore installation” is contained in new regulation 2(1A), inserted by paragraph 2 of the Schedule to these amending Regulations.

Regulation 2(1) of the 2002 Regulations, which contains a number of definitions, is amended by paragraph 2 of the Schedule to these amending Regulations. In particular, new regulation 2(1) contains a new definition of “enforcing authority”.

Regulation 3 of the 2002 Regulations is amended so as to provide that the Secretary of State is the competent authority in respect of offshore installations; see paragraph 3 of the Schedule to these amending Regulations.

By paragraph 5(1) of the Schedule to these amending Regulations, regulations 9 to 14 of the 2002 Regulations are replaced by new regulations 9 to 21. The Schedule to the 2002 Regulations continues to have effect by virtue of paragraph 5(2) of the Schedule to these amending Regulations.

New regulations 9 to 11 confer powers on the Secretary of State to require the disposal of substances, products and equipment imported, placed on the market or exported in contravention of the principal Regulation.

New regulation 12 contains provisions about fumigation for quarantine or preshipment using methyl bromide. New regulation 13 contains enforcement powers and new regulations 15 and 16 contain provisions concerning enforcement and prohibition notices which may be served in the event of the contravention or likely contravention of certain provisions of the principal Regulation.

New regulation 18 contains provisions about offences under the 2002 Regulations and new regulation 20 sets out the penalties in respect of such offences. New regulation 21 provides who is to enforce the 2002 Regulations.

Amendments to the Schedule to the 2002 Regulations are contained in paragraphs 6 and 7 of the Schedule to these amending Regulations.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Department for Environment, Food and Rural Affairs. Global Atmosphere Division, Area 3F, Ergon House, c/o 17, Smith Square, London, SW1P 3JR. A copy has been placed in the library of each House of Parliament.