Ozone Depleting Substances
- Consent Needed and How to Obtain It
- Performance Standards
- Sampling/Monitoring Requirements
- Reporting Requirements
- Non Compliance
- Renewal and Variation
- Pending Legislation
For more detail on the Legislation relevant to this page, please use the following links:
Fluorinated greenhouse gases (F-gases) are a group of chemicals containing fluorine, which are inherently powerful greenhouse gases. Ozone-depleting substances (ODS) are gases which damage the ozone layer in the upper atmosphere and are currently being phased out, but can be found in older equipment. Common uses for ODS and F-gases include refrigeration, air-conditioning equipment, aerosols, solvents, foam blowing agents, firefighting fluids and high voltage switchgear.
DEFRA have produced a guide, which was updated in February 2013, explaining what F-gases and ODS are, how different types of businesses can comply with the F-gas and ODS legislation, and importantly, how the legislation is being enforced. The updated version provides guidance specifically for the offshore operators. The purpose of the document is to set out the requirements on Operators under the EU ODS Regulations.
The EU Ozone Depleting Substances (ODS) Regulation (EC) No. 1005/2009 (EU ODS Regulation) was introduced in early-2010 to prohibit and control the production / use of ozone-depleting substances in order to reduce atmospheric emissions of these substances in line with the Montreal Protocol.
In particular, the EU ODS Regulation concerns the control of emissions from refrigeration systems, air-conditioning units, fire-protection systems and heat pumps.
The following changes have been made to the guidance document:
BEIS has issued an updated version of its guidance on the EU Ozone Depleting Substances (ODS) Regulations.
Introduced in January 2010, prohibiting and controlling the production / use of ozone-depleting substances thereby reducing atmospheric emissions of these substances in line with the Montreal Protocol (an international agreement to combat the threat of damage posed to the ozone layer by ozone-depleting substances). EU ODS Regulations in particularly concerns the control of emissions from refrigeration systems, air-conditioning units, fire-protection systems and heat pumps.
This guide provides details of how the EC Regulation 2037/2000 will affect manufacture and use of refrigeration and air-conditioning equipment.
Phase out of ozone depleting solvents – advice on alternatives and guidelines for users of CFC, HCFC and 1,1,1 – Trichloroethane (PDF document) Phase out of halons – advice on alternative and guidelines for users of firefighting and explosion protection systems (PDF document)
Information regarding the critical or essential use of ozone depleting substances is available on the EC Air Quality website.
No consent is required, although annual reporting where derogations or exemptions are being used is required to be submitted to BEIS.
BEIS will regard the licensed operator (i.e. the licence holder) as being responsible for ensuring that the provisions of the EU ODS Regulations are complied with. Where another company is responsible for management of operations, the licensed operator will still need to make sure that sufficient systems and procedures are in place to ensure adherence to the requirements, e.g. where a MODU is in the field on contract.
Laboratory Users of ODS for essential purposes must be registered with the EU. For more information see the EC Climate Action website.
|How to Apply:||N/A|
|Who to Apply to:||N/A|
|When to Apply:||N/A|
|Leakage prevention and Recovery:||
Operators of refrigeration and air-conditioning systems, heat pumps and fire-protection equipment (including their circuits) are to:
|Control of the placing on the market and use of controlled substances:||
Placing on the market/use (in new equipment) of halons and CFCs (although there are exceptions for certain Critical Use, see below)
The use of halons/CFCs for the maintenance or servicing of existing refrigeration; air conditioning and heat pump equipment – where halons/CFCs in such equipment are used-up, then they may, if technically feasible, be replaced with reclaimed or recycled HCFCs (see below).
The use of halons in existing FPS and fire extinguishers (unless subject to a critical use exemption, see the Critical Use section below).
Use of virgin HCFCs for the maintenance/servicing of refrigeration and air conditioning equipment is prohibited. It is illegal to use any stocks of virgin HCFCs already purchased, existing stocks should be returned to the supplier.
Allowed Use of Reclaimed/Recycled HCFCs
The use of reclaimed/recycled HCFCs is allowed until 31 December 2014 for the maintenance or servicing of existing refrigeration, air conditioning and heat pump equipment under the following conditions:
Whilst the use of reclaimed/recycled HCFCs will be prohibited from 1 January 2015, further extensions for continued uses of HCFCs after that date may be possible where this could be justified (i.e. if it was demonstrated that, for a particular use, technically and economically feasible alternative substances or technologies were not available or could not be used), although this would not extend beyond 31 December 2019.
Following the adoption of the EU Regulation as well as a decision under the global Montreal Protocol, CFCs (Freon/Arklone) are no longer to be used to analyse the oil content in produced water. The use of tetrachloroethylene (TTCE) remains approved and BEIS will consider any other testing method if it can be proved to correspond to the TTCE result. As of 1 July 2010, containers holding TTCE must be clearly marked for use only for laboratory/analytical purposes, and any use must be registered.
The determination of hydrocarbons, oils and greases in water, soil, air or waste is not considered essential under EC Regulation 291/2011 and use of controlled substances other than HCFCs remains prohibited.
|Halon Critical Use:||Under Annex VI of the EC Regulation No 744/2010 (PDF document) the following exemptions exist for:
|Mandatory minimum qualification:||The Regulation on Ozone Depleting Substances (Qualifications) Regulations 2009 sets out the mandatory minimum qualifications for handlers of ozone depleting substances. BEIS and DEFRA have published a series of four guidance notes (see the Guidance under the Legislation tab).|
Reclaimed HCFCs – container to be labelled with an indication that the substance has been reclaimed and source information in line with Annex I to Commission Regulation (EC) No 1272/2008 (PDF document).
|Revised MARPOL Annex VI (shipboard equipment):||The revision prohibits the use of equipment which contains ozone-depleting substances (other than HCFCs) on ships constructed on or after 19 May 2005. Equipment that contains HCFCs shall be prohibited on ships constructed on or after 1 January 2020.A revised International Air Pollution Prevention Certificate (IAPPC) now includes the need to list all equipment containing ozone depleting substances. Each ship which has a rechargeable system containing ODSs shall have an ODS record book, which must be used to record recharging events, maintenance and repairs, discharges to the atmosphere and supply of ozone depleting substances.Further information can be found in MIN 395 (PDF document).|
Operators are to ensure relevant equipment is checked for leakages according to the following schedule, and that leakage checks are undertaken by certified personnel:
The equipment or system needs to be checked for leakage within one month after a leak has been detected to make sure the repair has been effective.
Also see the Reporting Requirements tab.
|What to Report:||The following data is to be reported:
For relevant equipment containing 3 kg+ or more of controlled substances, operators are also to maintain records of the:
The template in Annex B of the DECC ODS Guidance (Word document) can be used by Operators (if they wish) for record maintenance purposes.
|Who to Report to:||
Use and Service/Maintenance/Leakage Tests
Records are to be maintained and made available to BEIS on request.
Emissions to atmosphere
Non compliances should be reported to the BEIS Offshore Inspectorate at email@example.com
|When to Report:||
EEMS report is to be submitted by 7 February each year.
Unintentional/accidental releases of controlled substances and F-Gas > 1,000 tonnes CO2 equivalent are to be reported within 48 hours of the incident occurring.
Other records are to be made available on request to BEIS (i.e. for checking compliance and if needs be for responding to any requests for such information from the EU Commission).
|What to do if in Breach of Consent:||N/A|
|Renewal of Permit:||N/A|
|Decision 2013/808/EU (OJ:L353/74/2013) determining quantitative limits and allocating quotas for substances controlled under Regulation (EC) 1005/2009 on substances that deplete the ozone layer (1 January to 31 December 2014):||EC Implementing Decision of 18 December 2013. Determining quantitative limits and allocating quotas for substances controlled under Regulation (EC) No 1005/2009 (PDF document) of the European Parliament and of the Council on substances that deplete the ozone layer.For the period 1 January to 31 December 2014.|
|Applications for a derogation under Aritle 11 (8) of the Ozone Depleting Substances Regulation (EC) No. 1005/2009 for the continued use of reclaimed / recycled HCFCs after 31 December 2014 for the maintenance or servicing of equipment:||Under the Ozone-Depleting Substances (ODS) Regulation (EC) No. 1005/2009, the use of reclaimed or recycled HCFCs for the maintenance/servicing of equipment is permitted until 31 December 2014 – although, in accordance with Article 11(8), further extensions for continued uses of eligible HCFCs after that date may be possible where this could be justified, i.e. if it was demonstrated that, for a particular use, technically and economically feasible alternative substances or technologies were not available or could not be used.|
|Annex VI:||The EU plans to undertake a further review of Annex VI to the EU ODS Regulation and if appropriate, adopt modification/time frames for phasing out critical uses of halons – taking into account the availability of technically and economically feasible alternatives or technologies.|
|None at present.|