Ozone-depleting substances (ODS) and F-gases (and other HFCs)

Using and trading fluorinated gas and ozone-depleting substances: rules and processes once Gibraltar leaves the EU. Gibraltar will regulate fluorinated greenhouse gases (F-gas) and ozone-depleting substances (ODS) as from 30 March 2019.

F gas and ODS are substances F gas and ODS are substances used mainly as refrigerants, but also in other products including:

• Medical inhalers.
• Fire extinguishers.
• Insulation foams.
• Solvents.
• Feed-stocks for the manufacture of other chemicals.

These processes apply to you if you:

• Produce, supply, import or export or use bulk F gas or ODS.
• Manufacture or import equipment containing F gas or ODS.

This guide is also of use if you service:

• Commercial, industrial and transport refrigeration and air-conditioning systems.
• Other products containing F gas or ODS.

Gibraltar regulation of F gas and ODS from 30 March 2019

Gibraltar regulations will transfer requirements of EU law into UK law.

Gibraltar will:

• Restrict ODS.
• Use the same schedule as the EU to phase down HFCs (hydrofluorocarbons, the most common type of F gas) by 70% by 2030 relative to a 2009 to 2012 baseline our baseline?

That means that Gibraltar UK F gas quotas will follow the same phase down steps as the EU:

• Limited to 63% of the baseline in 2019 and 2020.
• Reducing to 45% of the baseline in 2021.

Other F gas requirements

When Gibraltar leaves the EU, many of the rules with regards to F gases will not change, including requirements or restrictions:

• to prevent intentional release of F gases.
• to prevent the unintentional release of F gases during production and use.
• to minimise and repair leakages.
• to check leaks and keep records.
• to use leakage detection systems.
• to provide evidence that trifluoromethane produced during the production of F gases has been destroyed.
• to recover F gases from equipment for recycling, reclamation or destruction.
• on placing certain products and equipment on the market.
• on sales of F gases to businesses which do not hold the relevant certificates or attestations
• for product and equipment labelling.
• on the use of certain F gases for magnesium die-casting, vehicle tyres or servicing certain refrigeration equipment.

Requirements in Gibraltar will also not change on:

• the individual qualifications and company certifications you need to install, service, maintain, repair, decommission or check for leaks in certain equipment or the recover F gas.
• the content and requirements of training and certification programmes.
• the validity of existing certificates and training attestations, including those issued by EU member states both before and after Gibraltar leaves the EU.

ODS

When Gibraltar leaves the EU, the rules will stay the same for ODS that you:

• import
• supply
• use
• recover
• destroy

You’ll have the same responsibilities to:

• maintain equipment.
• control leaks.

Rules on how you can supply and use ODS will remain the same, including for:

• feedstock.
• process agents.
• Destruction.
• Reclamation.
• essential laboratory and analytical use.
• halons for certain critical uses.

ODS quota system

To place ODS on the Gibraltar market after 29 March 2019, you’ll need to apply for an ODS quota on the Environmental Agency ODS system.

You’ll need to:

1. Register on the Gibraltar ODS system to get an organisation ID.
2. Apply for a quota on the Gibraltar ODS system - specify how much you need and how you will use it.

If your application is successful the Environmental Agency will notify you how much of the Gibraltar quota you have been allocated for 30 March to 31 December 2019.

To get quota for 2020 and subsequent years you must apply on the Gibraltar ODS system.

You’ll need to apply by 8 June every year for a quota for the following year. For example, if you want a quota to use in 2021, you must apply on the ODS system by 8 June 2020.

If approved, the Environmental Agency will put your allocation on the ODS system.

 

Training and Qualifications

The Environmental Protection(Controls on Ozone-Depleting Substances) Act 2014 (Amendment) Regulations 2014 and the Ozone-Depleting Substances (Qualifications) (Amendment) Regulations 2014 came into operation on the 1st January 2015. The Environmental Agency was appointed the competent authority for these regulations and thus to ensure that the companies dealing with such materials have trained personnel to do so. The minimum requirements as listed in the regulations are:

(a) 2079-11 City and Guilds Level 2 Award in Fluorinated Greenhouse Gases (F Gas) and Ozone Depleting Substances: Category I;

(b) 6187-01 City and Guilds Level 2 National Vocational Qualification Diploma in installing, testing and maintaining air-conditioning and heat pump systems;

(c) 6187-02 City and Guilds Level 2 National Vocational Qualification Diploma in installing and maintaining refrigeration systems

(d) 2079-12 City and Guilds Level 2 Award in Fluorinated Greenhouse Gases (F Gas) and Ozone Depleting Substances: Category II;

(e) 2079-13 City and Guilds Level 2 Award in Fluorinated Greenhouse Gases (F Gas) and Ozone Depleted Substances: Category III;

(f) 2079-14 City and Guilds Level 2 Award in Fluorinated Greenhouse Gases (F Gas) and Ozone Depleted Substances: Category IV;

(g) City and Guilds Certificate in Handling Refrigerants Scheme 2078;

(h) Construction Industry Training Board (CITB) Safe Handling of Refrigerants Reference J01;

(i) Construction Industry Training Board (CITB) J11 Category I – leak checking, recovery, installation, service and maintenance of equipment;

(j) Construction Industry Training Board (CITB) J12 Category II – installation, service and maintenance of equipment with a charge of less than 3kg (6kg if hermetically sealed)00 and leakage checking; or

(k) The European Economic Area equivalent of any of the qualifications listed above.