F-Gases and ODS (Northern Ireland from 1 Jan 2021)

DEFRA has today, 15 Oct, issued stipulations for F-Gases and ODS in Northern Ireland – here.

After the end of the transition period, EU regulations will continue to apply to all businesses in Northern Ireland who produce, supply, import, export or use F gases or ODS.

This means two changes for businesses in Northern Ireland:

• Businesses who import and supply the Northern Ireland market with F gases or equipment containing F gas will need to have enough EU quota/authorisations to cover their imports from Great Britain, if they do not already have this. Engineers and end-users, such as equipment manufacturers, installers and supermarkets, working with F gas should ensure they get their F gas from someone that has EU quota.

• F gas and ODS technicians in Northern Ireland will need to qualify for an Irish certificate if they are to continue working in the Republic of Ireland from January 2021. However, they will be able to continue to work in Northern Ireland with their current certificate.

The new free-to-use Trader Support Service will provide support and guidance to businesses moving goods under the Northern Ireland Protocol. Businesses who sign up to the Trader Support Service will be guided through the new processes under the Northern Ireland Protocol and can also use it to complete digital declarations.

Please also read the stipulations that apply to GB, including GB quotas, set out in separate instructions – here.

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

I posted a few days ago with the stipulations if exports to the EU are rejected. Today, 15th Oct, DEFRA and the Environment Agency issued full instructions on the regulations that will apply in England, Scotland and Wales (Great Britain – GB), for F-Gases and ODS from 1st Jan 2021.

The updated webpage is here.

GB will continue to:

• restrict ODS

• use the same schedule as the EU to phase down HFCs (hydrofluorocarbons, the most common type of F gas) by 79% by 2030 relative to a 2009 to 2012 baseline

That means new GB F gas quotas will follow the same phase down steps as the EU:

• limited to 63% of the baseline in 2019 and 2020

• reducing to 45% of the baseline in 2021

Most of the rules for F gas and ODS will not change. However, new GB IT systems will need to be used to:

• manage new GB quotas

• report on use

EU regulations will still apply for F gas, ODS and products containing them placed on the EU and Northern Ireland market after 1 January 2021.

The Environment Agency will administer the GB system on behalf of England, Scotland and Wales, if it receives the direction of the Scottish and Welsh Governments, from 1 January 2021.

Businesses preparing for 1 January 2021 should continue to work with the Environment Agency to register on the GB system and apply for GB quotas.

Please read the entire webpage, as the above is only part of the stipulations.

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.

More F-gas Rules (UK Brexit)

Exit day is 31st October 2019

HMG today issued an entire collection of rules for F-gas users.

Much of this is unchanged from Brexit instructions issued earlier. However, I do recommend a detailed look.

Here

F-gases Rules (UK Brexit)

Exit day is 31st October 2019

F-gases are regulated by EU Law.

DEFRA issued today clarifying rules on F-gases.

(1) Recovering, reclaiming and recycling F gas – here.

(2) Recording F gas in equipment you own or service – here.

IF these have an impact on ENV Law Checklists, then the Checklists will be updated, and subscribers to EHS Legislation Registers and Checklists will be notified in the next Email Alert.

Subscribers will note that the Brexit Consolidated Law List (found at the top right of the ENV and OHS Registers home page) has F-gases laws identified as HTML Done (green text) (meaning the changes are now incorporated, and linked from that list).

F-gases and ODS (UK Brexit)

Exit day is 31st October.

HMG has today updated its instructions for those persons who use or trade in F-gases or ODS.

Here.

Brexit Law is issued in this area, and Cardinal has already consolidated this into base law and supplied it to subscribers to Cardinal Environment EHS Legislation Registers & Checklists.

ODS and F-Gases (UK Brexit)

I posted before about the ODS and F-Gases changes in force on exit day.

Reminder : exit day is 12th April 2019.

Please note earlier guidance that identified the 29th March 2019 is withdrawn.

The UK will regulate fluorinated greenhouse gases (F gas) and ozone-depleting substances (ODS) from 12 April 2019. The regulator is the Environment Agency.

The UK guidance is updated with the new exit day – here.

Note the UK F gas and ODS Regulations link (in this guidance) is to the draft regulations. Please continue to check the Brexit Law List (which include these regulations) in subscribers’ Cardinal Environment EHS Legislation Registers & Checklists for the current situation.

Per the updated guidance –

The UK will continue to:

• restrict ODS

• use the same schedule as the EU to phase down HFCs (hydrofluorocarbons, the most common type of F gas) by 79% by 2030 relative to a 2009 to 2012 baseline

That means UK F gas quotas will follow the same phase down steps as the EU:

• limited to 63% of the baseline in 2019 and 2020

• reducing to 45% of the baseline in 2021

Most of the rules for F gas and ODS will not change. However, the UK will have separate quota systems, and the IT systems UK businesses use to manage quotas and report on use will change.

Companies must still comply with EU regulations on products placed on the EU market after exit.

[the exit day may change again, please keep following this Blog]

Montreal Protocol – Kigali Amendment (International Law)

The Montreal Protocol on Substances that Deplete the Ozone Layer is a Protocol to the UNEP Vienna Convention for the Protection of the Ozone Layer. The Montreal Protocol is in force, sufficient states have ratified. In the EU bloc, the Montreal Protocol is given effect by an existing EU Regulation on Ozone Depleting Substances. In addition, a separate EU Regulation regulates Fluorinated Greenhouse Gases (F-gases).

The Kigali Amendment is specifically focussed on the global phasedown of hydrofluorocarbons (HFCs) – powerful greenhouse gases. HFCs account for 85% of present F-gas supply. UNEP has a FAQ here.

HFCs, used mainly in refrigeration, air conditioning and heat pump equipment, are thousands of times more harmful to the climate than CO2. In response to the rapid growth of HFC emissions, the 197 parties to the Montreal Protocol adopted the Kigali Amendment in 2016 to reduce gradually their global production and consumption.

The EU has been phasing down HFCs since 2015 (and has a separate EU Regulation on the matter). EU Member States are in the process of ratifying the Kigali Amendment individually.

All 197 Montreal Protocol parties agreed to take steps to gradually reduce the production and use of HFCs. The first reduction step to be taken by the EU and other developed countries is required in 2019, while most developing countries will start their phasedown in 2024.

The Kigali Amendment will enter into force on 1 January 2019.

Montreal Protocol parties continue to ratify the Amendment, which has so far been ratified by 60 parties. The parties, listed alphabetically, are: Austria, Australia, Barbados, Belgium, Benin, Bulgaria, Burkina Faso, Canada, Chile, Comoros, Costa Rica, Côte d’Ivoire, Czech Republic, Democratic People’s Republic of Korea, Ecuador, Estonia, European Union, Finland, France, Gabon, Germany, Greece, Grenada, Guinea Bissau, Hungary, Ireland, Kiribati, Lao People’s Democratic Republic, Latvia, Lithuania, Luxembourg, Malawi, Maldives, Mali, Marshall Islands, Mexico, Micronesia (Federated States of), Netherlands, Niger, Niue, Norway, Palau, Panama, Paraguay, Portugal, Rwanda, Samoa, Senegal, Slovakia, Sri Lanka, Sweden, Switzerland, Togo, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom of Great Britain and Northern Ireland, Uruguay, Vanuatu.

A useful assessment of the EU F-gas regulation dating March 2018 is here.

This highlights the further changes mandated by the Kigali Amendment to implement a HFC licensing system.

BREXIT : the UK has ratified the Kigali Amendment

US : the US has not yet ratified the Kigali Amendment

China : China has not yet ratified the Kigali Amendment

A useful assessment of the US and China current state is here. (Source – here)

More Technical Notices (UK Brexit Preparedness)

The UK has today issued further Brexit Preparedness Notices. The existing online location is updated – here.

Please note particularly :

(1) CE marking – in the “Labelling products and making them safe” group

(2) Driving

(3) BAT standards – in the “Protecting the environment” group

(4) F-gases and ODS – in the “Protecting the environment” group

(5) The three Notices in the “Travelling between the UK and the EU” group

(6) Oil and gas activities – in the “Regulating energy” group

(7) European Works Councils in the “Workplace rights” group (already issued)

Any questions, please email me.

New F-Gas Regulation is here (EU)

My last post in April on this EU Regulation is here.

The new F-Gas Regulation (No 517/2014) is here. This applies from 1st January 2015, and from this date the existing EU F-Gas Regulation (No 842/2006) is repealed.

Three elements initially stand out:

(1) a longer list of Annex I controlled fluorinated gases,

(2) additional equipment to be leak tested (Article 4),

(3) a lower threshold for leak testing that operates after two years (Article 4).

Subscribers to the Cardinal Tailored EHS Legislation Registers will be Email Alerted nearer the time, and I will post additional posts here on further aspects of this important new EU Regulation.