The Ozone-Depleting Substances Regulations 2015

Regulations 2(1), 12(6) and 13(3)

SCHEDULE 1 U.K. Meaning of “offshore installation” and “marine area”

1.  “ Offshore installation” means an installation or structure, other than a ship, used for carrying on an activity in paragraph 3 which is situated in the waters of, or on or under the seabed in the marine area. U.K.

2.  “ Marine area” means— U.K.

(a) the tidal waters and parts of the sea in or adjacent to the United Kingdom up to the seaward limits of the territorial sea; and

(b) the area designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964 M1 .

Marginal Citations

M1 1964 c. 29. Section 1(7) is amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c.23). Areas have been designated under section 1(7) by S.I.2013/3162.

3.  The activities are— U.K.

(a) the exploitation, or the exploration with a view to exploitation, of mineral resources in or under the shore or bed of waters in the marine area;

(b) the exploration of a place in, under or over such waters with a view to storage of gas;

(c) the conversion of a place under the shore or bed of such waters for the purpose of storing gas;

(d) the storage of gas in, under or over such waters or the recovery of gas so stored;

(e) the unloading of gas at a place in, under or over such waters;

(f) the conveyance of things by means of a pipe, or system of pipes, constructed or placed on, in or under the shore or bed of such waters;

(g) in the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity in this paragraph.

4.  In paragraph 3— U.K.

(a) references (in whatever form) to storing gas include storing gas with a view to its permanent disposal;

(b) “gas” means—

(i) gas within the meaning of the Energy Act 2008 M2 ; or

(ii) carbon dioxide.

Marginal Citations

M2 2008 c. 32.

Regulations 4(a) and 7(4)

SCHEDULE 2 U.K. Table of Minimum Qualifications

Tasks	Equipment	Minimum Qualification
Servicing and maintenance of equipment	Refrigeration, air conditioning and heat pump equipment which is stationary at all times when in operation.	(a) City & Guilds Certificate in Handling Refrigerants Scheme 2078 M3
		(b) Construction Industry Training Board Safe Handling of Refrigerants (JOI) M4
	Commercial and domestic refrigerators and freezers which are stationary at all times when in operation.	(c) City and Guilds level 2 Award in F Gas and ODS Regulations Scheme 2079-11: Category I or 2079-12: Category II.
	Portable refrigeration, air conditioning and heat pump equipment.	(d) Construction Industry Training Board Safe Handling of Refrigerants JII: Category I or J12: Category II.
Dismantling of equipment	Refrigeration, air conditioning and heat pump equipment—	(a) City & Guilds Certificate in Handling Refrigerants Scheme 2078.
	(a) which is stationary at all times when in operation; and	(b) Construction Industry Training Board Safe Handling of Refrigerants (J01).
	(b) which can only be dismantled at the place at which the equipment is used	(c) City and Guilds Level 2 Award in F Gas and ODS Regulations Scheme 2079-11: Category I, 2079-12: Category II or 2079-13: Category III.
		(d) Construction Industry Training Board Safe Handling of Refrigerants J11: Category I, J12: Category II or J13: Category III.
Maintenance or decommissioning of equipment	Fire protection systems and fire extinguishers.	Fire Industry Competence Certificate Course Class 1 M5 .

Marginal Citations

M3 Details can be obtained from City & Guilds, 1 Giltspur Street, London, EC1A 9DD; telephone number: 0844 543 000; email: [e-mail]; website: www.cityandguilds.com.

M4 Details can be obtained from CITB, PO Box 114 Bircham Newton, King's Lynn, Norfolk, PE 31 6XD; telephone number 0844 847 4409; website: [e-mail].

M5 Details can be obtained from Fire Industry Association, Tudor House, Kingsway Business Park, Oldfield Road, Hampton, Middlesex, TW12 2HD; telephone number 020 3166 50002; email: [e-mail]; website: fia.uk.com.

Regulation 4(c) and 6(6)

SCHEDULE 3 U.K. British Pest Control Association Modules

• Module 1: Soil.

• Module 2: Space fumigation, buildings, warehouses, silos and mills.

• Module 3: Commodities under sheet, grain stores and timber.

• Module 4: Containers and lighters.

• Module 5: Ships.

• Module 6: Aircraft.

• Module 7: Bubble.

• Module 8: Chambers and permanently sited containers.

Regulation 9(1)

SCHEDULE 4 U.K. Offences for breach of the EU Regulation

Provision of the EU Regulation	Subject matter
Article 4	Production of controlled substances.
Article 5(1)	Placing on the market and use of controlled substances.
Article 5(2)	Placing on the market and use of controlled substances in non-refillable containers.
Article 6(1)	Placing on the market of products and equipment containing or relying on controlled substances.
Article 6(2)	Prohibition and decommissioning of fire protection systems and fire extinguishers containing halons.
Article 13(3)	Decommissioning of fire protection systems and fire extinguishers containing halons.
Article 15(1)	Imports of controlled substances and products and equipment containing or relying on controlled substances.
Article 17(1)	Exports of controlled substances or products and equipment containing or relying on controlled substances.
Article 20	Trade with a State not party to the Montreal Protocol on substances that deplete the ozone layer or a territory not covered by that Protocol.
Article 22(1), (2) and (4)	Recovery and destruction, recycling and reclamation of controlled substances.
Article 23(1)	Precautionary measures to prevent and minimise leakages and emissions of controlled substances.
Article 23(2)	Requirements for specified stationary equipment or systems.
Article 23(3)	Record keeping by undertakings.
Article 23(5)	Precautionary measures to prevent and minimise leakages and emissions of controlled substances used as feedstock or process agents.
Article 23(6)	Precautionary measures to prevent and minimise leakages and emissions of controlled substances inadvertently produced in the manufacture of other chemicals.
Article 24(1)	Production, import, placing on the market, use or export of new substances.