No consent is required, although annual reporting where derogations or exemptions are being used is required to be submitted to the Department for Energy Security and Net Zero.

The Department for Energy Security and Net Zero 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.

Operators of refrigeration and air-conditioning systems, heat pumps and fire-protection equipment (including their circuits) are to:

• Prevent leaks of controlled substances; and
• Repair detectable leakages ASAP/within 14 days (also see both the Sampling and Reporting Requirements tabs) and check within one month that repairs have been effective.

Prohibited Use

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:

• Provided that the container is labelled with an indication that the substance has been reclaimed and source information.
• Provided that they have been recovered from such equipment and may only used by the undertaking which carried out the recovery as part of maintenance or servicing for which the recovery was carried out.
• Meets labelling requirements laid out in Annex I to EU Regulation No 1272/2008.

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.

Oil in Water Testing

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 the Department for Energy Security and Net Zero 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.

Under Annex VI of the EC Regulation No 744/2010 (PDF document) the following exemptions exist for:

• Critical use of halons in existing FPS until 31 December 2020
• Critical use of halons in new FPS prohibited since 31 December 2010 (with extension to this date possible where justified)

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).

Operators are to ensure relevant equipment is checked for leakages according to the following schedule, and that leakage checks are undertaken by certified personnel:

• 3kg+ – Once every 12 months (except for hermetically sealed equipment with <6kg of controlled substances)
• 30kg+ – Once every 6 months
• 300kg+ – Once every 3 months

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.

The following data is to be reported:

• Data on total emissions to air of controlled substances, i.e. halons, CFCs (if applicable) and HCFCs and F-Gases as a result of intentional/inherent and unintentional/accidental emissions from refrigeration, air conditioning, heat pumps and fire-protection systems.
• Significant unintentional/accidental releases of halon, CFC and HCFC emissions equal to or greater than 1,000 tonnes of CO2 equivalent must be reported (along with the corresponding amount in kg) to the Department for Energy Security and Net Zero using the form at Annex C of the DECC ODS Guidance (Word document) within 48 hours of it being established such an incident has occurred. A record of these types of emissions should also be maintained as indicated in Section 11 of the Annex B form of the DECC ODS Guidance (Word document). Where such emissions are <1,000 t/CO2/e then a record of these should be kept by Operators in accordance with Section 11(a) of the Annex B form.
• Any potential, or actual instances of, regulatory non-compliance.

For relevant equipment containing 3 kg+ or more of controlled substances, operators are also to maintain records of the:

• Quantity and type of controlled substances that have been added during the maintenance/servicing of refrigeration, air conditioning and heat pump equipment (i.e. reclaimed/recycled HCFCs) and fire protection systems (i.e. halons subject to the critical use exemption)
• Quantity and type of controlled substances recovered for recycling, reclamation or destruction during the maintenance/servicing and final disposal of refrigeration, air conditioning and heat pump equipment and FPS.
• Identification of the technician (or Company) who performed the servicing/maintenance/leakage checking – including any checks on leakage detection systems;
• Dates and results of the leakage checks undertaken; and
• Sources that have supplied reclaimed and/or recycled HCFCs.

The template in Annex B of the DECC ODS Guidance (Word document) can be used by Operators (if they wish) for record maintenance purposes.

Use and Service/Maintenance/Leakage Tests

Records are to be maintained and made available to the Department for Energy Security and Net Zero on request.

Emissions to atmosphere

Report via EEMS Portal (see EEMS website). The EEMS helpdesk can be contacted via this link.

Non compliances should be reported to the Department for Energy Security and Net Zero Offshore Inspectorate at offshore.inspectorate@decc.gsi.gov.uk

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 the Department for Energy Security and Net Zero (i.e. for checking compliance and if needs be for responding to any requests for such information from the EU Commission).