Environmental Protection

2003-03-282003-03-21Customs and Excise Management Act 1979TSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk64391803/161803/16

The Department of the Environment has made a Statutory Rule entitled The Environmental Protection (Controls on Ozone Depleting Substances) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 97).

The Rule comes into operation on 28th March, 2003.

The Rule makes provision in relation to Council Regulation (EC) No. 2037/2000 on substances that deplete the ozone layer, as amended by Council Regulations (EC) 2038/2000 and 2039/2000, (referred to in these Regulations and the following paragraphs of this Notice as “the principal Regulation”).

The principal Regulation provides for a system that controls -

  (a) the production, placing on the market and use of,

  (b) trade in, and

  (c) 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 regulation 5, this Rule fulfils this requirement.

In particular, it -

(i) designates the Department of the Environment as the competent authority for the purposes of the principal Regulation that refer to the competent authority of a Member State (regulation 3);
(ii) requires persons having control of the controlled substances mentioned in Articles 16 and 17 of the principal Regulation to comply with those provisions (regulation 4),
(iii) contains enforcement powers (regulation 6), and
(iv) sets out offences and penalties in relation to failures to comply with the principal Regulation or the Rule (regulations 7 to 9 and the Schedule).

Parts I, II and III of the Schedule give effect to Article 21 of the principal Regulation in relation to breaches of Articles 3, 4 and 5, respectively. Part IV of the Schedule gives effect to Article 21 in relation to breaches of so much of Article 22 as relates to the production, placing on the market and use of new substances.

Contraventions of the prohibitions imposed by Article 11 (export of controlled substances or products containing controlled substances) are enforceable under section 68 of the Customs and Excise Management Act 1979.

Regulation 5 enables customs officers to require proof of lawful export, and to detain controlled substances, products and equipment until such proof has been furnished. In the absence of such proof, the substance, product or equipment is liable of forfeiture.

Copies of the Rule, the EC Regulation and extracts from the Official Journal may be obtained from the Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD. ISBN 0 337 94904 2, £2.50.