The Ozone Depleting Substances (Qualifications) Regulations (Northern Ireland) 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect to the provisions in Articles 16.5, 17.1 (first paragraph) and 17.2 of Regulation (EC) No. 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer (as amended by Regulation (EC) 2038/2000, 2039/2000, 1804/2003 and 2077/2004 and Council Decisions 2003/160/EC, 2004/232/EC and 2005/625/EC).

They relate to minimum qualifications for those working on the recovery, recycling, reclamation or destruction of controlled substances and the prevention and minimising of leakages of controlled substances. The terms “controlled substances”, “recovery”, “recycling” and “reclamation” are defined in Article 2 of Regulation (EC) No. 2037/2000.

Under regulation 5, it is an offence for a person to carry out relevant work involving controlled substances or work with methyl bromide unless he is competent to do so. The terms “competent” and “relevant work” are defined in regulations 3 and 4 respectively. The term “work with methyl bromide” is defined in regulation 2. Details of the qualifications which a person needs in order to carry out certain types of relevant work, are contained in the Table in Schedule 1

Regulation 5 also contains provisions making it an offence for an employer to employ a person to carry out relevant work or work with methyl bromide unless that person is competent to do so. Transitional provisions are contained in regulation 6 and provisions about training are contained in regulation 7.

Provisions setting out the powers of authorised persons are contained in regulation 8. Regulations 9 to 11 contain provisions relating to offences and penalties.

A full regulatory impact assessment in respect of these Regulations may be obtained from the Department of the Environment, River House, 48 High Street, Belfast BT1 2AW.