The Regulations were introduced to protect the earth’s ozone layer by strictly controlling the production, use, handling, import and export of ozone‑depleting substances(ODS).

They implement the UK’s international commitments under the Montreal Protocol, ensuring that harmful chemicals such as CFCs, halons, carbon tetrachloride, methyl bromide and various HCFCs are phased out, tightly restricted or eliminated from use.

The overall intention is to prevent the release of substances that cause ozone depletion and increase harmful ultraviolet (UV) radiation reaching the earth’s surface.

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Key requirements

1. Licensing and authorisation

Businesses involved in producing, importing, exporting or using controlled ODS must obtain the appropriate licences. These licences control the quantities and permitted uses of ODS.

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2. Qualifications and competence

Anyone working on equipment that contains ODS must hold an approved qualification.
This includes people who:

• check for leaks
• recover controlled substances
• service or maintain ODS‑containing systems
• decommission equipment safely

Unqualified personnel are not permitted to carry out this work.

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3. Record‑keeping and reporting

Operators must maintain detailed records relating to ODS activities, such as:

• quantities produced, used, imported or exported
• storage and disposal information
• transfer of substances between organisations

Regular reporting to the relevant authority is required to verify compliance.

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4. Labelling and identification

Products, systems and containers holding ODS must be clearly labelled.
This ensures safe handling, helps prevent accidental release and assists with regulatory checks.

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5. Prohibitions and phase‑out controls

Most ODS are prohibited except for narrow, highly controlled uses such as certain laboratory, analytical or feedstock applications.
These exemptions are tightly regulated and monitored.

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6. Enforcement powers and penalties

The Regulations include powers for inspections, data requests, audits, enforcement notices, and seizure of substances.
Breaches can lead to:

• criminal offences
• fines
• enforcement action
• loss of licences

Who the legislation applies to

The Regulations apply to any person or business in Great Britain involved in the lifecycle of ODS. This includes:

• manufacturers and industrial users
• importers and exporters
• suppliers and distributors
• refrigeration and air‑conditioning engineers
• fire‑suppression system technicians
• waste and recovery operators
• those reclaiming or destroying ODS

They also apply directly to individuals working on ODS‑containing equipment, who must hold the correct qualifications.

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Organisations that handle, use, service, import, export, or dispose of ozone‑depleting substances (ODS) must maintain clear, accurate, and auditable records to show that they comply with the Regulations. Evidence must demonstrate that all ODS activities are controlled, lawful, and carried out by suitably qualified personnel.

1. Licensing and authorisation evidence

Businesses involved in production, import, export, supply or use of controlled ODS must hold:

• Copies of all valid licences or authorisations issued.
• Evidence of applications, renewals and approvals.
• Records confirming that licensed activities match permitted quantities and uses.

2. Operator qualifications and competence

Evidence must show that any person working with equipment containing ODS holds approved qualifications. This includes:

• Certificates proving competence in leak detection, recovery, service, maintenance or decommissioning.
• Training records, refresher training and competency assessments.
• Contractor and subcontractor qualification checks.

3. Record‑keeping for ODS activities

Organisations must maintain detailed records for all activities involving controlled substances, such as:

• Quantities of ODS produced, imported, exported, purchased, used or disposed of.
• Stock inventories and material balance records.
• Documentation showing transfer of ODS to other organisations.
• Logs of recovered, recycled, reclaimed or destroyed substances.

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These records must be stored for the legally required retention period.

4. Reporting evidence

Where required, organisations must keep copies of:

• Periodic reports submitted to the relevant authority.
• ODS import/export returns.
• Notifications of intended destruction or reclamation.
• Any requests for derogation (e.g., essential laboratory uses).

5. Labelling and product‑identification evidence

To demonstrate correct labelling and handling, organisations must retain:

• Evidence that all containers, systems and products containing ODS are properly marked.
• Photographic records or internal audit reports confirming labelling compliance.
• Supplier documentation demonstrating correct classification.

6. Leak‑prevention and maintenance records

For equipment containing ODS, evidence should include:

• Leak‑testing logs.
• Maintenance and service schedules.
• Records showing timely repair of detected leaks.
• Calibration certificates for leak‑detection equipment.

7. Disposal, recovery and destruction documentation

Organisations must hold evidence showing that disposal or destruction of ODS was performed correctly, including:

• Waste‑transfer documentation.
• Certificates of recovery, recycling, reclamation or destruction.
• Records of third‑party waste‑contractor competence and approval.

8. Enforcement and compliance actions

If enforcement action takes place, organisations must maintain:

• Copies of enforcement notices or improvement notices.
• Evidence of corrective actions taken and the dates they were completed.
• Internal investigation or root‑cause analysis reports.

9. Management‑system evidence

Supportive documentation may include:

• Policies and procedures relating to ODS handling, servicing, storage and disposal.
• Internal audit reports addressing ODS compliance.
• Risk assessments relating to leakage, handling and environmental impact.
• Records of monitoring activities and management review decisions.

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