The Ozone-Depleting Substances (Grant of Halon Derogations) Regulations 2021
Commencement: 31st December 2021
- GB Retained: Regulation (EC) No 1005/2009 on substances that deplete the ozone layer
The GB Retained: Regulation (EC) No 1005/2009 on substances that deplete the ozone layer introduces rules on the production, import, export, placing on the market, use, recovery, recycling, reclamation and destruction of substances that deplete the ozone layer.
Application in Great Britain
Following the UK’s departure from the European Union (EU), the European Union (Withdrawal) Act 2018 incorporated all directly acting EU Regulations into UK law. Those Regulations have been subsequently amended to revise various definitions, terminology, authorities etc to GB rather than EU references, and to provide for regulation and enforcement by GB rather than EU bodies. This entry describes the retained version of Regulation (EC) No 1005/2009 on substances that deplete the ozone layer, which applies in England, Scotland and Wales (GB) from IP completion day, the end of the implementation period of the UK leaving the EU.
Application in Northern Ireland
Although Northern Ireland has left the EU, under the terms of the Northern Ireland Protocol the EU version of Regulation (EC) No 1005/2009 continues to apply in Northern Ireland.
This Regulation took effect on 1 January 2010 and recast and repealed Regulation (EC) No 2037/2000 on Substances that Deplete the Ozone Layer.
Scope of the Regulation
It introduces rules on the production, import, export, placing on the market, use, recovery, recycling, reclamation and destruction of substances that deplete the ozone layer within GB.
Annex I substances are split into 9 Groups. The control also relates to mixtures containing the above controlled substances.
This Retained Regulation is enforced in Great Britain (GB) through The Ozone-Depleting Substances Regulations 2015.
The Ministry of Defence (MoD) is permitted to operate Apache helicopters and Boeing E7 Wedgetail aircraft with fire suppression systems that contain halon-1301 beyond the cut-off date* of 31st December 2014. This is due to the unavailability of feasible alternatives to the use of halon in military aircraft systems.
*The cut-off date means the date after which halon must not be used for fire extinguishers or fire protection systems in new equipment and facilities.
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