The Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

(This note is not part of the Regulations)

The Regulations revoke and remake with amendments the Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2009 (S.R. 2009 No. 184).

These Regulations give effect to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 .

These Regulations attempt to limit emissions of fluorinated greenhouse gases (“F-gases”) into the atmosphere by ensuring that employees and companies in a number of sectors of business in Northern Ireland are certified to handle equipment during the course of their business without emitting large quantities of F-gases.

The sectors of business and types of equipment are stationary refrigeration, air conditioning and heat pump equipment, fire extinguishers and fire protection systems, high-voltage switchgear, F-gas based solvents, and air-conditioning systems in certain motor vehicles.

These Regulations may also affect businesses involved in insulation foams, aerosol sprays, medical inhalers, Organic Rankine Cycles and refrigerated trucks and trailers.

A number of new offences are listed for which the sectors of business mentioned above must ensure compliance. Some, although not all, of the new requirements for businesses only become offences following the failure to comply with a specially issued enforcement notice.

The enforcement notice would detail any breaches of these Regulations and specify the steps to take to remedy the infringement(s). Failure to comply with the enforcement notice would then become an offence.

The offences and breaches which may merit an enforcement notice include the deliberate release of F-gases into the atmosphere, the failure to comply with measures to prevent the leakage of F-gases from equipment, the failure to ensure that employees and companies working with equipment containing F-gases are qualified to do so, and failure to co-operate with authorised persons enforcing these Regulations.

There are also provisions to ensure that accurate records of F-gases handled are kept, reports on F-gases handled are sent to the European Commission, equipment containing F-gases is properly labelled, prohibited types of equipment containing F-gases are not sold, purchased or placed on the market, and that the quota to restrict the use of certain types of F-gases is not exceeded.

A full impact assessment of the effect that these Regulations would have upon the costs of business is available from the Department of the Environment, Goodwood House, 44-58 May Street, Belfast BT1 4NN.