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Protection of the Ozone Layer

Background

The 1987 Montreal Protocol on Substances that Deplete the Ozone Layer is an international agreement made under the framework of the United Nations Vienna Convention for the Protection of the Ozone Layer.  The Protocol commits contracting parties to limit and reduce the production and consumption of certain ozone-depleting substances, notably chlorofluorocarbons and halons.  Ireland ratified the Protocol in 1988 and has since ratified the Protocol’s four amendments.

Regulation 2037/2000

Within the EU, the requirements of the Montreal Protocol, including the four amendments to date, are provided for in Regulation (EC) No 2037/2000 on substances that deplete the ozone layer. 

Regulation 2037/2000 places bans and limitations on the production, import, export, placing on the market, use, recovery, recycling, reclamation and destruction of ozone depleting substances in Ireland and the EU.

The Regulation applies to the production, import, export, placing on the market, use, recovery, recycling, reclamation and destruction of specified controlled substances.

Control of Substances that Deplete the Ozone Layer Regulations 2006 (S.I. 281 of 2006)

These Regulations make provisions necessary for the purposes of full and effective implementation in Ireland of Regulation (EC) No. 2037/2000 on substances that deplete the ozone layer. The main provisions of the Regulations are:

Article 6 - designation of the Environmental Protection Agency as competent authority for the purposes of Regulation 2037/2000;

Article 7 - designation of a number of competent bodies to administer specific provisions of Regulation 2037/2000 in Ireland;

Article 8 - various requirements to be met by persons whose business involves the use of controlled substances, or the marketing, maintenance or servicing of products or equipment which contain controlled substances;

Article 9 - various qualification requirements for persons whose business or employment involves: 

  • leakage control, recovery, recycling, reclamation or destruction of controlled substances,
  • installation, servicing, maintenance, dismantling or disposal of refridgeration, air-conditioning and heat pump equipment in which controlled substances are used,
  • installation, servicing, maintenance, dismantling or disposal of fire protection systems and fire extinguishers, in which controlled substances are used and
  • fumigation using methyl bromide 

Article 10 - various reporting requirements, including requirements for persons whose business involves the use of controlled substances;

The competent body functions assigned to the Minister for Transport under Article 7 will be administered by the Maritime Safety Directorate.

Under Article 12, it is an offence to contravene or to fail to comply with the provisions of these Regulations. A person found quility of an offence shall be liable to a fine of up to €3,000 or imprisonment for a term of up to one year, or both. 

 

 

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