F-Gases and ODS (GB from 1st Jan 2021)

I posted before about F-Gases and ODS after the Transition Period.

On 8 October, DEFRA and the Environment Agency (hitherto the lead agency for the UK in this matter) issued a major update – here.

Reporting F gas activity

F gas activities must be reported each year where a person –

• produces, imports or exports one or more metric tonnes of F gas, or a quantity of F gas equivalent to 100 tonnes or more of CO2

• destroys F gas equivalent to one metric tonne or 1,000 tonnes or more of CO2

• uses F gas as feedstock equivalent to 1000 tonnes or more of CO2

• places pre-charged products and equipment containing the equivalent of 500 tonnes or more of CO2 on the market.

A person must report F gas activities from 1 Jan 2020 to 31 December 2020 to the European Commission by 31 March 2021. This is a Transition Period obligation.

HFC exports rejected at an EU border control post (BCP) – new

If HFC exports from GB to EU (and Northern Ireland) are rejected at a BCP and need to return to GB free circulation status for the goods in GB will need to be regained.

This applies to both HFCs in bulk and in products and equipment.

To regain free circulation status the HFCs must comply with clearance processes, a person must:

• have a full customs declaration

• be registered on the GB HFC registry

• have sufficient HFC quota authorisations or delegations at the time of re-entry

The Environment Agency will administer the GB HFC systems on behalf of England, Scotland and Wales, subject to receiving the direction of the Scottish and Welsh Governments, from 1 January 2021.

The National Clearance Hub (NCH) will check the customs declaration against the HFC Registry. If the person has sufficient quota or authorisations, they will give permission for the goods to move on from the GB port of re-entry.

A person’s HFCs may not be able to re-enter GB if that person:

• is not on the HFC Registry

• does not have sufficient quota or authorisations

NCH will instruct Border Force to stop and detain the consignment at the border when returning from an EU BCP.

NCH or Border Force and the regulator will check the consignment and decide how to deal with the returned HFCs.

The regulator is:

• Environment Agency in England

• Scottish Environmental Protection Agency in Scotland

• Natural Resources Wales in Wales

The HFCs may be destroyed.

Reporting ODS activity

ODS activities must be reported if a person –

• produces, imports or exports ODS

• destroys ODS

• uses ODS as feedstock or process agent

A person must report ODS activities for 1 Jan 2020 to 31 December 2020 to the European Commission by 31 March 2021. This is a Transition Period obligation.

ODS exports rejected by an EU border control post – new

If ODS exports from GB to EU (and Northern Ireland) are rejected at a EU border control post (BCP) and need to return to GB! free circulation status for the goods in GB will need to be re-attained.

To regain free circulation status the ODS must comply with clearance processes.

A person must –

• have a full customs declaration

• be registered on the GB ODS licensing system

• hold sufficient ODS quota

• have a valid ODS import licence at the time of re-entry

The Environment Agency will administer the GB ODS system on behalf of England, Scotland and Wales, subject to receiving the direction of the Scottish and Welsh Governments from 1 January 2021.

The National Clearance Hub (NCH) will check the customs declaration against the ODS licensing system.

ODS may not be able to re-enter GB if:

• the person is not on the ODS Licensing System

• the consignment does not have a valid ODS import licence

NCH will instruct Border Force to stop and detain the consignment at the border when returning from an EU BCP.

NCH or Border Force and the regulator will check the consignment and decide how to deal with the returned ODS.

The regulator is:

• Environment Agency in England

• Scottish Environmental Protection Agency in Scotland

• Natural Resources Wales in Wales

The ODS may be destroyed.

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