The Fluorinated Greenhouse Gases Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations give effect to Regulation (EC) No 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases (OJ L 161, 14.6.2006, p. 1) (“the Council Regulation”). The term “fluorinated greenhouse gases” is defined in Article 2(1) of the Council Regulation.

The Regulations extend to England, Wales and Scotland. They also extend to Northern Ireland for the purposes of importation. The Regulations apply to offshore installations. (The term “offshore installations” is defined in regulation 2(6)).

The main provisions of the Regulations are as follows.

Regulation 3 appoints the Secretary of State as the competent authority for the purposes of the Council Regulation.

Part 2 of the Regulations (regulations 4 to 13) contains provisions which create offences for breaches of the provisions of the Council Regulation. Regulations 4 to 7 create a number of offences for failure to comply with the provisions of the Council Regulation relating to the operation of certain equipment containing fluorinated greenhouse gases and the recovery of such gases. Regulation 8 makes it an offence not to comply with the reporting requirements contained in Article 6 of the Council Regulation. Regulation 9 contains provisions about the information concerning fluorinated greenhouse gases which must be included in instruction manuals relating to certain equipment placed on the market. (The term “placing on the market” is defined in regulation 2(1)). Regulation 10 makes it an offence to use sulphur hexafluoride contrary to Article 8 of the Council Regulation. Regulations 11 to 13 are concerned with unlawful placing on the market and importation.

Part 3 of the Regulations (regulations 14 to 20) and Schedule 1 prescribe the qualifications which are required in order to carry out certain work involving equipment containing fluorinated greenhouse gases or the recovery of such gases. It is an offence to carry out such work without the requisite qualification. However, by virtue of regulation 20, a person can carry out such work without the requisite qualification if he does so under the supervision of a person who has the requisite qualification. Regulation 18 makes it an offence for an employer to fail to ensure that his employees are properly qualified. Regulation 19 contains provisions relating to the training of employees by their employers.

Part 4 of the Regulations (regulations 21 to 32) contains provisions relating to enforcement, offences and penalties. Regulations 21 and 22 relate to the appointment, and powers, of persons to enforce the Regulations. Such persons are appointed by the enforcing authority. (The term “enforcing authority” is defined in regulation 2(3).)

Regulations 24 and 25 are concerned with enforcement and prohibition notices and appeals against such notices. A number of miscellaneous offences are created by regulation 27. Regulation 29 sets out the penalties to which a person is liable if that person commits an offence.

Regulation 30 contains provisions enabling a penalty notice to be issued in respect of an offence under regulation 4 relating to certain equipment in a dwelling house. The payment of the penalty in accordance with the regulation will discharge the liability to conviction for the offence. The form of the penalty notice is set out in Schedule 2.

Regulation 31 confers a power on the Secretary of State to require the disposal of products or equipment containing fluorinated greenhouse gases unlawfully imported or their removal from the United Kingdom or an offshore installation.

Regulation 32 provides who is to enforce the Regulations.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Department for Environment, Food and Rural Affairs, Global Atmosphere Division, Area 3F, Ergon House c/o 17, Smith Square, London, SW1P 3JR. A copy has been placed in the library of each House of Parliament.