Explanatory note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, and to Northern Ireland in so far as they relate to importation, make provision in relation to Council Regulation (EC) No. 3093/94 on substances that deplete the ozone layer.

The Council Regulation provides for a system that controls—

(i)

the production, supply and use of,

(ii)

trade in, and

(iii)

emission of

certain substances (“controlled substances”) that deplete the ozone layer.

Member States are required to deal with a number of matters by means of their domestic legislation. With the exception of regulations 4, 8 and 14, these Regulations fulfil this requirement. In particular they—

(a)

designate the Secretary of State as the competent authority for the purposes of the Council Regulation (regulation 3);

(b)

prohibit and restrict importation, landing and unloading of certain controlled substances (regulation 5);

(c)

require persons having control of the controlled substances mentioned in Articles 14 and 15 of the Council Regulation to comply with those provisions (regulation 6);

(d)

confer powers on customs officers to detain controlled substances or products imported, landed or unloaded in contravention of regulation 5, or equipment imported in contravention of the Council Regulation (regulation 7);

(e)

contain enforcement powers (regulations 9 and 10); and

(f)

set out offences and penalties in relation to non-compliance with the Council Regulation or the Regulations (regulations 11 to 13).

Regulations 4 and 8 permit the Secretary of State to require controlled substances or products that have been unlawfully imported, landed or unloaded to be disposed of harmlessly or removed from the United Kingdom.

Regulation 14 makes certain drafting amendments to the Environmental Protection (Non-Refillable Refrigerant Containers) Regulations 1994.