Aircraft containing halon substances for fire-suppression systems (typically portable fire extinguishers but also certain fixed systems, commonly for the protection of engine nacelles or APUs) are required to have import and export licences in Great Britain issued by the Environment Agency. The EU has a similar licencing regime but after Brexit, the system in Great Britain diverged from that in the EU and the British system is now governed by EU Regulation 1005/2009 as retained EU law. EU Regulation 1005/2009 was replaced in the EU by a new EU Regulation in March 2024. Halon is an ozone depleting substance (ODS) and its regulation originates from the Montreal Protocol, an international agreement which became effective in 1989, obliging signatory states to implement some form of ODS control measures.
The concepts of “import” and “export” are very broadly defined in the operative legislation in both Great Britain and the EU (Northern Ireland is part of the EU for these purposes) and include any entry into or exit from the relevant customs territory. If an aircraft is formally imported into a territory for customs purposes, the ODS licence holder should be the importer (consignee) as shown on the import documentation. If an aircraft is formally exported from a territory for customs purposes, the ODS licence holder should be the exporter (consignor). In GB, the ODS licence number must be provided on the customs declaration. The requirement to hold an ODS licence is subject to very limited exceptions, and these regulations will affect nearly every aircraft owner/operator with halon equipment onboard.
The Environment Agency has announced a consultation concerning a proposed charging scheme for ODS licences (from April 2025). Affected BBGA members are encouraged to submit a response to the consultation by the deadline of 13 February 2025 by accessing the link here: Environment Agency charge proposal for fluorinated greenhouse gases and ozone depleting substances – GOV.UK
The Environment Agency is presently not charging for ODS licences and if the charging system is implemented, the cost of compliance will be increased, particularly for owners/operators of multiple aircraft which may require separate licences.
To discuss the consultation or any aspect of ODS licencing, please contact Stockton Birthisel, email: azuravia@outlook.com.