ENVIRONMENTAL PROTECTION (CONTROLS ON OZONE-DEPLETING SUBSTANCES) REGULATIONS 2011

This legislation largely implements EU Regulation EC/1005/2009 on Substances that Deplete the Ozone layer; banning the use of most ozone depleting substances in a variety of applications.

These new regulations make the following actions an offence under the EU Regulations:

• Production of a controlled substance
• Placing on the market and use of a controlled substance
• Placing on the market of controlled substances in non-refillable containers
• Placing on the market of products and equipment containing or relying on controlled substances
• Decommissioning of fire protection systems and fire extinguishers containing halons
• Imports and exports of controlled substances and products and equipment containing or relying on controlled substances
• 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
• Recovery and destruction, recycling and reclamation of controlled substances
• Production, import, placing on the market, use or export of new substances

The EU Regulation also provides:

• Precautionary measures to prevent and minimise leakages and emissions of controlled substances.
• Requirements for specified stationary equipment or systems
• Record keeping by undertakings
• Precautionary measures to prevent and minimise leakages and emissions of controlled substances inadvertently produced in the manufacture of other chemicals

"Controlled substances" are listed in Annex I to the EU Regulation and include most chlorofluorocarbon (CFCs), carbon tetrachloride, halons, 1,1,1-trichloroethane, hydrobromofluorocarbons, hydrochlorofluorocarbons, methyl bromide and bromochloromethane.

It is an offence to use or place on the market virgin hydrochlorolfluorocarbons (HCFCs); recycled HCFCs may be used until 1st January 2015.

Breach of the provisions of the EU Regulation specified in Schedule 2 is an offence, punishable on summary conviction, by a fine not exceeding the statutory maximum, or on conviction on indictment, to a fine. Breaching an enforcement notice or a notice served by the Secretary of State is also an offence.

Decision 2011/873/EU determines the quantities and the allocation of quotas for substances that deplete the ozone layer for the period 1 January to 31 December 2012.
 

 

Applicability

This legislation is applicable to all of Ardagh's sites within Great Britain.

 The company must ensure that they comply with these regulations by phasing out the use of certain refrigerants, for example R22. The company representative has stated that he does not believe there is any R22 in use at the Knottingly site; however it is not known whether other sites still maintain units containing R22.

The Engineering department take responsibility for the maintenance and installation of refrigeration units and chillers.  They also hold a register of what is present on each site, and all maintenance records.

Ardagh should confirm whether or not there is R22 on site, and put in place a schedule to replace this by 2015.

Related Aspects
Refrigerants Boiler House Electric Lehrs Domestic Heating Gas Lehrs