The Fluorinated Greenhouse Gases Regulations 2009 (revoked)

Explanatory Note

(This note is not part of the Regulations)

The Regulations revoke and remake with amendments the Fluorinated Greenhouse Gases Regulations 2008 (S.I. 2008/41).

These Regulations give effect to Regulation (EC) No 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases (OJ No L 161, 14.6.06, p 1) (“the Council Regulation”). The term “fluorinated greenhouse gases” is defined in Article 2(1) of the Council Regulation. These Regulations also give effect to the following Commission Regulations relating to certain fluorinated greenhouse gases—

(a)

Commission Regulation (EC) No 1493/2007 (OJ No L 332, 18.12.07, p 7);

(b)

Commission Regulation (EC) No 1494/2007 (OJ No L 332, 18.12.07, p 25);

(c)

Commission Regulation (EC) No 1497/2007 (OJ No L 333, 19.12.07, p 4);

(d)

Commission Regulation (EC) No 1516/2007 (OJ No L 335, 20.12.07, p 10);

(e)

Commission Regulation (EC) No 303/2008 (OJ No L 92, 3.4.08, p 3);

(f)

Commission Regulation (EC) No 304/2008 (OJ No L 92, 3.4.08, p 12);

(g)

Commission Regulation (EC) No 305/2008 (OJ No L 92, 3.4.08, p 17);

(h)

Commission Regulation (EC) No 306/2008 (OJ No L 92, 3.4.2008, p 21);

(i)

Commission Regulation (EC) No 307/2008 (OJ No L 92, 3.4.2008, p 25); and

(j)

Commission Regulation 308/2008 (OJ No L 92, 3.4.2008, p 28).

The Regulations provide that references to Commission Regulation 1493/2007 and to Commission Regulation 1494/2007 are references to those Commission Regulations as amended from time to time.

The Regulations extend to England, Wales and Scotland. They also extend to Northern Ireland for the purposes of importation. The Regulations apply to offshore installations and Scottish offshore installations. (The terms “offshore installation” and “Scottish offshore installation” are defined in regulation 3(5) and (6)).

The main provisions of the Regulations are as follows.

Regulation 4 appoints the Secretary of State as the competent authority for the purposes of the Council Regulation, save that the Scottish Ministers are the competent authority for such purposes as regards Scottish offshore installations.

Part 2 of the Regulations (regulations 5 to 18) contains provisions which create offences for breaches of the provisions of the Council Regulation and the Commission Regulations. Regulations 5 to 8 create a number of offences for failure to comply with the provisions of the Council Regulation relating to the operation and leakage checking of certain equipment containing fluorinated greenhouse gases. Regulation 9 creates a number of offences for failure to comply with the provisions of the 2006 Regulation and of certain of the Commission Regulations relating to the keeping of records.

Regulation 10 creates a number of offences for failure to comply with the provisions of the 2006 Regulation relating to the recovery of fluorinated greenhouse gases. Regulation 11 makes it an offence to take delivery of fluorinated greenhouse gases in breach of the provisions of the Council Regulation and regulation 12 makes it an offence to fail to comply with the reporting requirements of Article 6 the Council Regulation.

Regulation 13 creates offences relating to the labelling of a product or equipment which contains fluorinated greenhouse gases. Regulation 14 contains provisions about the information concerning fluorinated greenhouse gases which must be included in instruction manuals relating to certain equipment placed on the market. (The term “placing on the market” is defined in regulation 3(1)). Regulation 15 makes it an offence to use sulphur hexafluoride contrary to Article 8 of the Council Regulation. Regulations 16 to 18 are concerned with unlawful placing on the market and importation.

Part 3 of the Regulations (regulations 19 to 44) gives further effect to certain of the Commission Regulations and is concerned with the appointment of certification, attestation and evaluation bodies and the qualifications and certificates to be held by individuals and companies to enable them to carry out various activities relating to certain equipment containing fluorinated greenhouse gases. It is an offence to carry out certain activities without the requisite qualification or certificate. It is also an offence on the part of certification, attestation and evaluation bodies to fail to comply, or ensure compliance with, certain provisions of the Commission Regulations.

Chapter 1 of Part 3 (regulations 19 to 25) relates to stationary refrigeration, air conditioning and heat pump equipment. Chapter 2 (regulations 26 to 32) relates to fire protection systems and fire extinguishers. Chapter 3 (regulations 33 to 35) relates to high-voltage switch gear and Chapter 4 (regulations 36 to 38) relates to fluorinated greenhouse gas-based solvents. Chapter 5 (regulations 39 to 41) is concerned with air conditioning systems in motor vehicles. Chapter 6 (regulations 42 to 44) contains provisions imposing obligations on employers relating to the employment of qualified personnel and transitional provisions relating to training records created under regulation 19(2) of the Fluorinated Greenhouse Gases Regulations 2008. Chapter 6 also imposes obligations on certification, attestation and evaluation bodies.

Part 4 of the Regulations (regulations 45 to 56) contains provisions relating to enforcement, offences and penalties. Regulations 45 and 46 relate to the appointment, and powers, of persons to enforce the Regulations. Such persons are appointed by the enforcing authority. (The term “enforcing authority” is defined in regulation 3(3).)

Regulations 48 and 49 are concerned with enforcement and prohibition notices and appeals against such notices. A number of miscellaneous offences are created by regulation 51. Regulation 53 sets out the penalties to which a person is liable if that person commits an offence.

Regulation 54 contains provisions enabling a penalty notice to be issued in respect of an offence under regulation 5 relating to certain equipment in a dwelling house. The payment of the penalty in accordance with the regulation will discharge the liability to conviction for the offence. The form of the penalty notice is set out in Schedule 3.

Regulation 55 confers a power on the Secretary of State to require the disposal of products or equipment containing fluorinated greenhouse gases unlawfully imported or their removal from the United Kingdom or an offshore installation. A similar power is conferred on the Scottish Ministers as regards Scottish offshore installations.

Regulation 56 provides who is to enforce the Regulations.

A full 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, Atmospheric Quality and Industrial Pollution, 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.