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.


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Please note earlier guidance that identified the 29th March 2019 is withdrawn.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

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.

UK exits the EU (customs)

I posted before on Brexit Notices issued by the EU to Operators and Stakeholders. The EU has now set up a specific Brexit Customs website here.

Two Notices are available on this website :

(1) EU rules in the field of customs and indirect taxationhere.

Authorisations granting the status of Authorised Economic Operator (AEO) and other authorisations for customs simplifications, issued by the customs authorities of the United Kingdom will no longer be valid in the customs territory of the Union (from the exit day).

Goods originating in the United Kingdom that are incorporated in goods exported from the EU to third countries will no longer qualify as “EU content” for the purpose of the EU’s Common Commercial Policy. This will affect the ability of EU exporters to cumulate with goods originating in the United Kingdom and may affect the applicability of preferential tariffs agreed by the Union with third countries.

Taxable persons wishing to use one of the special schemes of Chapter 6 of Title XII of the VAT Directive (the so-called Mini One-Stop Shop or MOSS), who supply telecommunications services, broadcasting services or electronic services to non- taxable persons in the EU, will have to be registered for the MOSS in a Member State of the EU (from the exit day).

(2) EU rules in the field of import/export licences for certain goodshere.

As of the withdrawal date, import/export licences issued by the United Kingdom as an EU Member State on the basis of Union law will no long be valid for shipments to the EU-27 from third countries or vice versa.

This applies to : (full list is in the Notice)

– waste shipments

– certain hazardous chemicals

– ozone depleting substances

– drug precursors

[Article 50 transition arrangements, if agreed, may change the exit day from 00:00 30 March 2019 (CET) to 31 December 2020 – I posted separately about the Transition/Implementation Period]

HCFC-22 Settlement (US)

Here is the press release issued by the USEPA on its settlement reached yesterday with Safeway (US) over that organisation’s use of HCFC-22 (R-22) at its stores.

Here is the USEPA web page providing information and links re. the HCFC phase-out programme (US).

This USEPA source provides the Clean Air Act context and information issued in respect of refrigeration and stationary sources that use ozone depleting substances.

Montreal Protocol

Here is the draft Decision XXV(J) relating to HFCs for consideration at the 25th meeting of the Parties to the Montreal Protocol in Bangkok, 21-25th October 2013 (page 9 of the UNEP document) – click here to view the pre-session document. We will update this post when more information is available.

Here is the US EPA summary of this submission (on HFCs) which provides background – click here to view the US EPA background document.