The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to England, Wales and Scotland and, in so far as they relate to importation, to Northern Ireland, make provision in relation to Council Regulation (EC) No. 2037/2000 on substances that deplete the ozone layer, as amended by Council Regulations (EC) 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 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.