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 Regulation is to ensure that the European Union will continue to play a leading role inthe timely recovery of the ozone layer. The requirements of the EC Regulation are legally binding in all EU Member States.
It is therefore necessary to produce new ODS Regulations for Northern Ireland, which will fully implement the provisions of the EC Regulation. Two sets of Regulations for Northern Ireland are to be made:
- The Controls on Ozone Depleting Substances Regulations (Northern Ireland) 2010; and
- The Ozone Depleting Substances (Qualifications) Regulations (Northern Ireland) 2010.
The business sectors in NI most directly affected by these two new sets of draft Regulations are those involved in:
- refrigeration systems;
- air-conditioning systems;
- heat pump equipment; and
- fire protection equipment.
The Regulations include proposals for 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;
- exports of ODS and products and equipment containing or relying on ODS;
- 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, use and export 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.
The Department has compiled a consultation paper, which is freely available to all stakeholders, and can be downloaded from the link below. The consultation document discusses all the issues which are anticipated to affect businesses in Northern Ireland. It also incorporates a Regulatory Impact Assessment, which specifically examines the financial impact of the draft legislation on NI businesses. Links to both the consultation document and the two pieces of draft legislation are below.
consultation_paper_on_draft_ozone_~_and_draft_ozone_depleting_substances_qualifications_regulations-2.pdf (531KB)
draft_controls_on_ozone_depleting_substances_regulations_ni_2010_for_consultation-2.pdf (39KB)
draft_ozone_depleting_substances_qualifications_regulations_northern_ireland_2010_for_consultation-2.pdf (42KB)
Should you require further information, please feel free to contact the Department through Roger Irwin at:
Planning and Environmental Policy Group
Department of the Environment
Calvert House
23 Castle Place
Belfast BT1 1FY
E-mail: roger.irwin@doeni.gov.uk
Tel.: (028) 90 254 758
Fax: (028) 90 254 732
