Basic information
Outline of the system
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 licenses 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, https://www.gov.uk/government/collections/ozone-depleting-substances-gui.... 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) 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.
Product coverage
Please see Products "Ozone-depleting substances"
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to protect human, animal or plant life and health; protect environment; Collect trade statistics or market surveillance; Protection of patents, trademarks and copyrights, and the prevention of deceptive practices; Pursue obligations under the UN Charter and other international treaties (i.e. CITES, Basel Convention, Rotterdam Convention, UNSC Resolutions etc.) and Quota (including TRQ) administration
Products under restriction as to the quantity or value of imports
In accordance with Article 16 of Regulation (EC) 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.
Questions for products under restriction as to the quantity or value of imports
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.
Please see Answers 6.1-6.11.
The system applies to products originating from which country?
Country restrictions: The restriction under Article 20 (1) of Regulation (EC) 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.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
Regulation (EC) 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)
https://www.legislation.gov.uk/eur/2009/1005/contents
The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019
https://www.legislation.gov.uk/uksi/2019/583/contents/made
The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020
https://www.legislation.gov.uk/ukdsi/2020/9780348213263/contents
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
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.
What persons or firms are eligible to apply for a licence?
Any undertaking which is defined as natural or legal person
Is there a registration fee?
Free of charge.
Is there a published list of authorized importers?
The list of importers is not published. There is no obligation/requirement to publish the list.
Contact point for information on eligibility
Ministry/Authority
Environment Agency
Address
National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY, UK
Telephone
+44 03708506506
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Environment Agency, Climate Change Trading and Regulatory Services
Richard Fairclough House, Knutsford Road, Warrington, Cheshire, WA4 1HT
Documentation requirements
What information is required in applications?
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.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Not applicable.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Not applicable.
Issuing the license
Can a licence be granted immediately on request?
Not applicable.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Not applicable.
Which administrative body is responsible for approving application of licences?
Not applicable.
Must the applications be passed on to other organs for visa, note or approval?
Not applicable.
Are there any other conditions attached to the issue of a licence?
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.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no fee or charge.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issue of licences.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the 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.
Are the reasons for any refusal given to applicants?
The reason for rejection is always provided by the Environment Agency via email and it is the failure to meet ordinary criteria.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
Not applicable.
What documents are required upon actual importation?
No documents required.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Not applicable.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
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.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a licence or a portion of a licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.
The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)
Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
During the year (usually around June) the Environment Agency publishes a notice on https://www.gov.uk/guidance/applying-for-quota-to-import-or-produce-ozon... 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 https://www.gov.uk/government/collections/ozone-depleting-substances-gui....
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?
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.
Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
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.
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
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 1 month to register from the opening of the quota window in order to apply for a licence and quota. Further information is published on https://www.gov.uk/government/collections/ozone-depleting-substances-gui.... 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.
What are the minimum and maximum lengths of time for processing applications?
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.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
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.
Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Licence applications on behalf of Great Britain are considered by a single administrative organisation, the Environment Agency.
If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
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) 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.
In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
No licences are issued automatically.
In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Not applicable.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Not applicable.