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Companies and individuals who breach the F-gas regulations could face fines of up to \u00a3200,000 in new civil penalties being considered by DEFRA.<\/p>\nCompanies and individuals who breach the F-gas regulations could face fines of up to \u00a3200,000 in new civil penalties being considered by DEFRA.<\/p>\n
The UK government responsible for administering the F-gas regulations, DEFRA (Department for Environment Food & Rural Affairs) has opened a consultation to gather views on the proposal to introduce civil penalties from April next year in England and Scotland. It would also apply to offshore hydrocarbon installations in marine areas.<\/p>\n
Industry and green groups have voiced concerns that the current penalty measures for contravening the F-gas regulations do not provide sufficient deterrent against non-compliance. Currently, an enforcement notice carries no financial penalty and if the recipient then complies, no\u00a0further action is usually taken.<\/p>\n
\u201cWhile criminal prosecutions can carry substantial penalties, they are used relatively infrequently, in part because they can be resource-intensive and costly to pursue,\u201d says DEFRA. \u201cSome may feel, therefore, that there is little risk or little to lose from not complying,\u201d it admits.<\/p>\n
The civil penalties would apply to a range of F-gas contraventions. The deliberate release of F-gases would remain as a criminal offence but there would still be the option to apply a civil penalty in such cases instead.<\/p>\n
Four groups of penalty are proposed ranging in scale from \u00a31,000 to \u00a3200,000 based on the seriousness of the infringement and the size of the business.<\/p>\n
The maximum fine of \u00a3200,000 could be applied to offences such as the intentional release of F-gases to atmosphere, breaches of the quota limits for placing HFCs on the market, and failure to comply with an enforcement notice.<\/p>\n
Fines of up to \u00a3100,000 are proposed for offences where the impacts are likely to be less severe, but emissions of F-gases are still likely. This would include contravening F-gas requirements and procedures for minimising emissions or leakage of F-gases and recovering F-gases from equipment. It would also be levied on non-F-gas certified people handling F-gases or on those\u00a0not fulfilling the requirements to register for and verify quota usage.<\/p>\n
A maximum fine of \u00a350,000 could be applied to breaches including failing to correctly label F-gases or products containing them; failing to comply with the requirements for declarations of conformity for importing products containing F-gases; and failing to keep records of F-gases used in equipment or F-gas sales.<\/p>\n
More minor breaches such as not reporting within the prescribed deadline on F-gas production, import, export, destruction and feedstock usage could carry a maximum fine of \u00a310,000<\/p>\n
Civil penalties would not be introduced in Wales and Northern Ireland, as those devolved\u00a0administrations have decided not to adopt civil penalties at the moment.<\/p>\n
The consultation is open to all interested parties, with responses required by 24 November 2017.<\/p>\n