The import of ozone-depleting substances (ODS) is subject to licensing. In the context of the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on the substances that deplete the ozone layer, the Environment Agency issues ODS licences for imports into Great Britain based on applications submitted via the ODS quota, licensing and reporting system. Imports (as well as exports) of controlled substances, referred to hereby as ODS and products and equipment containing or relying on ODS are prohibited. However, there are exemptions to this prohibition. Below, the responses to the questionnaire focus on the procedures in place for the importation of controlled substances.

EU law is directly applicable in Northern Ireland under the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, signed in London and Brussels on 24 January 2020, which includes the Protocol on Ireland/Northern Ireland. Therefore, the European Commission issue ODS import and export licences on behalf of Northern Ireland. For further information on how to apply for ODS licences for Northern Ireland, please refer to the questionnaire on import licensing procedures for the European Union.

Licensing System:

A licence is required in case of import or export of ODS. Licences are issued by the Environment Agency through the use of webforms hosted on the UK Government website: Ozone-depleting substances: guidance for users, producers and traders - GOV.UK (www.gov.uk). An undertaking applies for the licence using a webform, the Environment Agency process their applications and issues a licence via email. A licence is required for the import or export of the substance itself, a mixture containing ODS and a product or equipment containing or relying on ODS.

The rules on the import of controlled substances or of products and equipment containing or relying on controlled substances, including licensing, are outlined in Article 15 of Regulation (EC) No. 1005/2009 as it applies in Great Britain as retained EU law, and as it applies in Northern Ireland directly. Annex I of the Regulation outlines the controlled substances subject to licensing, and Annex II are those that are exempt from licensing.

The licensing requirement does not apply in rare cases when the ODS goods are imported for no longer than 45 days and are not presented for release for free circulation, destroyed or processed before subsequent re-export. Four customs procedures are exempted from the licensing requirement under the 45-day re-export rule.

The customs procedures exempted under the 45-day re-export rule are:

• Transit;
• Temporary storage;
• Customs warehousing;
• Free zone procedure.

The European Commission allocate ODS licences for Northern Ireland. For further information on how to apply for ODS licences for Northern Ireland, please refer to the questionnaire on import licensing procedures for the European Union.

The following goods are covered by the ODS licensing system:

Country restrictions: The restriction under Article 20 (1) of Regulation (EC) No. 1005/2009 prohibits the import or export of ODS and of products and equipment containing or relying on ODS from any country not party to the Montreal Protocol.

In accordance with Article 16 of Regulation (EC) No. 1005/2009 (the ODS Regulation), ODS licences restrict the quantity and type of ODS that can be imported. Although import for activities outlined in Article 15(2) are allowed under the condition of a licence, this may be overruled by Article 20(1) prohibiting the import of controlled substances and of products and equipment containing or relying on controlled substances from any State not party to the Montreal Protocol.

ODS import/export licensing is required to comply with Article 4B of the Montreal Protocol on Substances that Deplete the Ozone Layer. Therefore, alternatives to import/export licensing have not been considered. A legislative review is underway, which may look at how the licensing system works in case improvements can be made. The ODS licensing system in Great Britain is operated under retained EU law, meaning the review will be the first opportunity by the UK to consider any changes.

Regulation (EC) No. 1005/2009 as it applies in Great Britain as retained EU law, and as it applies in Northern Ireland directly.

Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (recast) (Text with EEA relevance) (legislation.gov.uk)

The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019

The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020

The following responses relate to ODS import and export licensing in Great Britain. For further information on how to apply for ODS licences in Northern Ireland, refer to the questionnaire on import licensing procedures for the European Union.

An importer must hold quota for the import of the ODS in the case of some imports.

In accordance with Article 16 of the ODS Regulation, imports for the following uses require quota:

• Essential laboratory and analytical uses;
• Feedstock uses;
• Process agent uses.

Importers must apply for the quantity of ODS they want to import and declare what they will use it for. A licence is granted if the quantity and use is permitted by ODS Regulation.

During the year (usually around June) the Environment Agency publishes a notice on Applying for quota to import or produce ozone-depleting substances - GOV.UK (www.gov.uk) about the quota procedure for the following year. The notice informs about the relevant details of the quota application process for the following year including the deadline for applying for quota. Registered entities, as well as trade bodies and associations are also informed via email when the quota window is opened and the relevant timescales. Importers and producers request quota for the period from 1 January to 31 December of the following year. The Environment Agency does not publish a list of GB ODS Quota holders. The rules relating to ODS are available at Ozone-depleting substances: guidance for users, producers and traders - GOV.UK (www.gov.uk).

Quota is determined on a yearly basis. The Environment Agency issue ODS licences with a validity period of 28 days. If an import/export falls outside the validity period, the organisation must apply for a new licence. Quota is allocated annually for the next calendar year.

The unused quota is not added to the next quota period. The Environment Agency notifies importers of the quantity and substance type of the ODS and the specific use for which the import has been applied for and authorised for the following year. The list of importers is provided to HMRC and to DEFRA on request. The Environment Agency works closely with customs and borders to track imports/exports to ensure there is sufficient quota for import/export.

There is a two-month window where companies can apply for quota, however companies that are not registered on the ODS Quota, Licensing and Reporting System have one month to register from the opening of the quota window in order to apply for a licence and quota. Further information is published on Ozone-depleting substances: guidance for users, producers and traders - GOV.UK (www.gov.uk). Applications for licences can be made all year long. The Environment Agency must take a decision whether or not to issue a licence no later than 30 days after having received a complete application. In urgent cases the Environment Agency endeavours to process the licences upon request.

Applications for ODS licences are processed within a maximum 30 days. The Environment Agency will aim to process most applications between five-ten days. There is no statutory length for processing applications for quota. In practice, we aim to notify undertakings by the end of October what their quota will be for the following year.

Exports cannot be undertaken until a licence has been granted. Undertakings should allow for a minimum of 30 days between applying for a licence and the period of importation opening.

Licence applications on behalf of Great Britain are considered by a single administrative organisation, the Environment Agency.

The decision on how much quota an importer or producer receives is made in accordance with the quota allocation procedure for imports, which require quota as set out in article 16 of Regulation (EC) No. 1005/2009. The Environment Agency, Climate Change Trading and Regulatory Services ensure that total GB ODS quota and therefore organisations' GB quota does not exceed the limits imposed by the ODS Regulation for end uses that are subject to quantitative limits.

No licences are issued automatically.

The reason for rejection is always provided by the Environment Agency via email and it is the failure to meet ordinary criteria. An application for a licence is rejected where the organisation does not hold quota, holds insufficient quota, does not hold quota for a substance/has not declared a need for this substance. A licence will also be rejected if the substance import/export is not in accordance with ODS regulations, i.e., a licensable import/export.

Any undertaking which is defined as a natural or legal person can register on the ODS Quota, Licensing and Reporting System and after verification apply for ODS licences free of charge. The list of importers is not published. There is no obligation/requirement to publish the list.

The general content of a licence form is the following:

• Consignee;
• Country of destination;
• Consignor/ Exporter;
• Country of export;
• Customs of entry;
• Customs of import;
• Customs procedure;
• Commercial description;
• Substance name;
• Use;
• CN code;
• CAS-number;
• GROSS mass;
• NET mass;
• Number of units;
• Nature of substance.

No documents required.

There is no fee or charge.

There is no deposit or advance payment requirement associated with the issue of licences.

Most import licences have a maximum validity of 28 days (seven days before and 21 days after the estimated date of import). In cases where this validity period exceeds the licensing year (before 1 January and after 31 December), the validity period is cut accordingly. The validity of the licence is also cut when the date of issue is less than seven days before the estimated date of import or if the licence is issued after that date.

Different rules apply to the validity period for the import licences for fire extinguishers containing halon for use on aircrafts. Such licence is valid from the day it is issued until the end of the calendar year for which it was issued. In cases where the application proceeds the licensing year (i.e., it is issued before 1 January), the validity period starts 1 January the following year.

There is no penalty for the non-utilization of a licence or a portion of a licence.

Licences are not transferable between importers.

Importers of ODS for laboratory and analytical uses may need to make a LABODS declaration to the Environment Agency (for Great Britain) or the European Commission (for Northern Ireland) and hold a valid LABODs number if they are importing ODS with the intent to supply to other labs.

No foreign exchange control.