The ozone layer is part of the earth’s upper atmosphere and acts as a filter against ultra-violet radiation. It helps to reduce the amount of this radiation reaching the earth’s surface. Reduction in ozone concentration can have a number of harmful impacts including:
- health effects, particularly increasing the risk of skin cancers;
- changes in chemical composition and quality of certain plant species; and
- damage to aquatic organisms, leading to losses in fisheries.
Following evidence that the ozone layer was being damaged by synthetic chemicals, the Montreal Protocol was signed in 1987 to control and phase out such chemicals, referred to as Ozone Depleting Substances (“ODS”). The UK is one of the signatories to this Protocol.
ODS fall into a series of distinct chemical classes and are generally chlorinated, fluorinated or brominated hydrocarbons:
- Chlorofluorocarbons (CFCs) have been used as refrigerants, for making plastic foam and as aerosol propellants.
- Halons, which contain bromine, are very effective in extinguishing fires.
- Carbon tetrachloride has been used as a solvent particularly in the manufacture of synthetic rubber, the production of pesticides and pharmaceuticals, and the production of CFC-11 and CFC-12, where the substance itself is actually consumed.
- 1,1,1-Trichloroethane (methyl chloroform) is a versatile, all-purpose solvent used for cleaning metal parts during the manufacture of equipment.
- Hydrochlorofluorocarbons (HCFCs) were developed as an interim replacement for CFCs. HCFCs are considered necessary in some applications in the short to medium term, to help users to move rapidly away from the use of CFCs; they have some ozone depleting potential, but the damage done by HCFCs is between one-fiftieth and one-tenth of that done by the same amount of the major CFCs.
EC Regulation No 1005/2009 on substances that deplete the ozone layer 
(“the EC Regulation”)
The principal objective of this EC Regulation is to ensure that the European Union will continue to play a leading role in the timely recovery of the ozone layer. The EC Regulation introduces further controls and restrictions on ODS, and is legally binding in all EU Member States.
New ODS Regulations have now been made for Northern Ireland, which fully implement the provisions of the EC Regulation. Both these sets of Regulations came into operation on 31st July 2011.
These are:
the Controls on Ozone Depleting Substances Regulations (Northern Ireland) 2011;
and
the Ozone Depleting Substances (Qualifications) Regulations (Northern Ireland) 2011.
The business sectors in NI most directly affected by these two new sets of Regulations are those involved in:
- refrigeration systems;
- air-conditioning systems;
- heat pump equipment; and
- fire protection equipment.
The Regulations include offences and penalties concerning the following:
- production, placement on the market and use of ODS;
- placing on the market of ODS in non-refillable containers;
- placing on the market of products and equipment containing or relying on ODS;
- labelling of containers containing ODS;
- record keeping by businesses;
- trade in ODS with a State not party to the Montreal Protocol and a territory not covered by that Protocol;
- requirements for specified stationary equipment or systems;
- recovery and destruction of used ODS;
- production, placing on the market, and use of certain new types of ODS;
- reporting by businesses to the EU on their use of ODS;
- providing information to the European Commission, as required; and
- qualifications required by staff for work with equipment containing ODS.
Is your business affected by these new Regulations?
Should you require further information on how your business would comply with these Regulations, or on the exact offences, this can be found on the F-gas and ODS offences and requirements page.
You can also find more information on the F-gases Regulations from F-gas Support.
F-Gas Support is a government funded team that has been set up to provide guidance for manufacturers, operators, contractors and others that make, sell or handle F-gases and/or ODS and associated equipment. They also help regulators promote compliance with these important environmental Regulations.
The F-Gas Support Helpline is 0845 266 8843 (9am – 5pm Mon - Fri)
F-Gas Support Helpdesk e-mail is: fgas-support@enviros.com
You can also visit the DOE page which contains all the F-gas Support assistance documents. These documents provide businesses with instructions on how to comply with both the F-gases and ODS Regulations for NI.
F-gas Support's postal address is F-Gas Support, P.O Box 481, Salford , M50 3UD
You can also access F-gas Support's web-page.
If, having read the infromation on compliance and offences, you still require further information, please feel free to contact the Department through Roger Irwin at:
Environmental Policy Division
Department of the Environment
Goodwood House
44 - 58 May Street
Belfast BT1 4NN
E-mail: aeqteam@doeni.gov.uk
Tel.: (028) 90 254 758.
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