Regulations to Control Ozone-Depleting Substances: A … · There are no rules specifically prohibiting trade in bulk ODS with Non-Parties. ... printed electronic circuits air

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Regulations to Control Ozone-Depleting Substances: A Guidebook

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Bahrain

(Information provided in August 2000)

1 StatusBahrain ratified the Montreal Protocol on 27 April 1990 and the London Agreement on 23 December1992. Bahrain operates under Article 5 of the Montreal Protocol.

2 ODS Focal PointThe authority mainly responsible for implementing strategies for the phase-out of ODS in Bahrain isthe Ozone Office - Environmental Affairs, Ministry of Housing Municipalities and Environment (NOO,EA–MoHME).

Main contact person:Jameel Eksail, National Ozone Officer and senior Environmental SpecialistEnvironmental AffairsMinistry of Housing Municipalities and EnvironmentP.O. Box 26909HooraBAHRAINTel: (973) 319134 / 293693 Ext: 134Fax: (973) 296288 / 310653 / 293694Email: [email protected]

3 Regulations and GuidelinesThe following regulations control the consumption of ODS in Bahrain.

1 Legislative Decree No (21) of 1996 with Respect to the Environment, 13 August 1996.Official number: No (21) of 1996. This Act gives the mandate under which Order No 1 of1999 is issued.

2 Ministerial Order No (1) of the Year 1999 with Respect to Control of the Ozone Layer DepletingSubstances, 17 February 1999. Official number: No (1) of 1999, cited here as “Order No 1 of1999”. The Order defines as ”controlled substances” all substances covered by the MontrealProtocol and its Amendments.

Sanctions for non-compliance include fines, jail and withdrawal of permit to operate.

4 Controls on ODS in Bulk (Other than Methyl Bromide)4.1 Production, import, export and sale of ODS in bulkAll ODS importers must register with the MoHME (Order No 1 of 1999, Art. 8). The MoHME determinesa total quota for all ODS controlled under the Montreal Protocol, except HCFC, for the country anddivides the total quantity into individual quotas allocated to the registered importers. New importerswho missed the first registration and have an import licence issued before 17 February 1999 (thedate of the Order) may register freely later for the quota for the next year. Quotas are reallocatedevery year (Order No 1 of 1999, Arts. 9 and 10) and are not transferable.

Import, export and re-export of all ODS and their alternatives (HCFC falls under the definition ofalternative substances) requires a written approval from the MoHME (Order No 1 of 1999, Art. 3).An importer/exporter applying for an approval must submit the following (Order No 1 of 1999,Art. 4):

• A certificate of origin from the manufacturing country stating the quantity, quality and nameof the substance. Its ingredients, whether it is a mixture or recycled, the exporting countryand the name of the importer.

• A certificate from the exporting country (if this is different from the country of origin) statingthe importer’s name, quantity and type of the ODS.

• A copy of the certificate of registration with the MoHME.

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Customs may not release an ODS shipment unless they have received a written approval of releasefrom MoHME.

Bahrain is not an ODS producer. It is prohibited to begin production of controlled substances (HCFCdoes not fall under this category) (Order No1 of 1999, Art. 6).

The government authority responsible for allocating quotas and issuing permits is the NOO, EA –MoHME.

Contact person: Jameel Eksail (see section 2)

4.2 Monitoring Import of ODSImporters and exporters must report every three months to the MoHME on their activities providingdetails about the ODS, mixtures or alternatives, including information on imported and exportedquantities, sales, remaining stocks, the source of the substance and who their customers are. If animporter fails to submit two successive reports he/she forfeits the right to the remaining part of thequota (Order No 1 of 1999, Art. 12).

In addition importers must every year update the information they gave MoHME upon registering(Order No 1 of 1999, Art. 12, subsection 2).

The information in the registers and reports is combined with customs statistics for the purpose ofgetting reliable figures of ODS import. Customs codes and customs declarations have been modifiedto facilitate the classification of ODS in customs.

The authority responsible for compiling information on ODS import is the NOO, EA – MoHME.


4.3 ODS Import from and Export to Non-Party CountriesThere are no rules specifically prohibiting trade in bulk ODS with Non-Parties.

5 Controls on Import and Sale of Products Containing, Madewith or Using ODS

The import of appliances and equipment that contain or use any ODS controlled under the MontrealProtocol, with the exemption of HCFC, is prohibited (Order No 1 of 1999, Art. 2).

It is also prohibited to export such appliances or equipment to Non-Party countries (Order No 1 of1999, Art. 2 subsection 2).

An exemption from the rules in the Order is made for equipment and appliances that are for laboratorialor medical use. In such cases written approval is needed from the MoHME (Order No 1 of 1999, Art.15).


6 Controls on Use of ODS (Other than Methyl Bromide) – “End-Use Controls”

It is prohibited to use controlled substances in any new industries, in new buildings, in extensions toexisting facilities, in cleaning operations including cleaning of clothes, printed electronic circuits airconditioning and cooling systems and in sterilization.

Exemptions apply to laboratorial and medical uses, in which case an approval from the MoHME isrequired (Order No 1 of 1999, Art. 15).

Government authority responsible for handling applications for exemptions is the NOO, EA – MoHME.


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Bahrain

7 Controls on Service and Installation of Refrigerantion andAir-Conditioning Equipment

All service workshops shall use equipment for recovering ODS. It is prohibited to emit ODS into theenvironment (Order No 1 of 1999, Art. 14). There are no rules requiring technicians to have anyparticular education or certification.

The authority responsible for implementation of these rules is the NOO, EA – MoHME.


8 Controls on Methyl BromideThe consumption of methyl bromide is controlled by the Order No 1 of 1999. Import and exportthereof requires an approval from the MoHME (see section 4.1. above for details regarding approvals).Importers must register with the MoHME and are allocated individual quotas annually (Order No 1 of1999, Arts. 8 and 9). There is an obligation to report on their activities every three months to theMoHME (Order No 1 of 1999, Art. 12).

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Brunei Darussalam

Note: This country section has not been updated since the last version of theGuidebook

(Information provided in May 1996)1

1 StatusBrunei Darussalam ratified the Montreal Protocol on May 27, 1993. It is an Article 5 country.

2 ODS Focal PointThe Ministry of Development, MOD (Kementerian Pembangunan) has the main responsibility forimplementing ODS phase-out strategies.

Main contact person:Soraya Dato Paduka Hamid, HeadEnvironment Unit (Unit Alam Sekitar)Kementerian Pembangunan (Ministry of Development)Bandar Seri Begawan 1190Brunei DarussalamTel: (673-2) 383911 ext. 103Fax: (673-2) 380298

3 Regulations and GuidelinesBrunei Darussalam has no regulations to control ODS.

4 Monitoring Import of ODSMonitoring ODS import is based on voluntary information from importing companies. Information onODS import is compiled by the Ministry of Development.

Contact person:Ak Shamhary Pg Dato Haji Mustapha, Environment OfficerEnvironment UnitMinistry of DevelopmentTel: (673-2) 383911 ext. 104Fax: (673-2) 380298

1 Brunei Darussalam did not submit any new information for the update of this Guidebook. From other sources weknow that Brunei Darussalam are currently drafting a regulation to control ODS consumption.

39

China

(Information provided in August 2000)2

1 StatusChina ratified the Montreal Protocol and the London amendment on June 14, 1991. It is an Article 5country.

2 ODS Focal PointThe State Environmental Protection Administration (SEPA) has the main responsibility forimplementing ODS phase-out strategies. Main contact person:

Mr. Yi Liu, Deputy DirectorForeign Economic Co-operation OfficeState Environmental Protection AgencyNo. 115 NanxiaojieXizhimenneiBeijing 100035People’s Republic of ChinaTel: (86-10) 6615 1775Fax: (86-10) 6615 1776E-mail: [email protected]

3 Regulations and Guidelines3.1 Regulations

1 Law on Air Pollution Prevention and Control Amended on April 29, 2000. The amendmentincludes provisions requiring companies to respect quotas relating to production and importof ODS.

2 Notice on the Control of the Development of CFC Aerosol Products 1991 (Ministry of LightIndustry 1991 No. 32). Cited here as MLI (1991)No 32.

3 Notice on Strengthening the Management of CFC and Substitute Production, 1993 (Ministryof Chemical Industry 1993 No. 843). Cited here as MCI (1993) No. 843.

4 Notice on Reporting Data of Production, Consumption and Import/Export of ODS (SEPA 1994No. 529). Cited here as SEPA (1994) 529.

5 Environmental Labelling Policy on Products, 1994 (SEPA 1994 No. 410). Cited here as SEPA(1994) No 410.

6 Ban on New Installations for Halon Extinguishers for Non-Essential Uses 1994 (Ministry ofPublic Security 1994 No. 94). Cited here as MPS (1994) No. 94.

7 Notice on Implementation of “Ban on New Installations for Halon Extinguishers for Non-Essential Uses”, 1995 (Ministry of Public Security 1995 No. 300). Cited here as MPS (1995)No. 300.

8 Notice on Strengthening the Management of CFC Production Expansion, 1995 (Ministry ofChemical Industry 1995 No. 340). Cited here as MCI (1995) No. 340.

9 Circular on Promoting the Application of Halon Substitutes, 1996. MPS (1996) No 169. Citedhere as Halon Substitute.

10 Notice of Implementation of Pollutant Registration System, 1997 (SEPA 1997 NO. 020).Cited here as SEPA (1997) No. 020.

2 English translations were not available for all the regulations described in this section. SEI has had access to SEPA(1997) No. 733, SEPA (1997) No 764, SEPA (1999) No. 128, and SEPA (1999) No. 278. The text on any otherregulations is based on China’s answers to the questionnaire and subsequent comments to the draft text.

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11 Notice on Strengthening the Monitor Function of Local EPB in Ozone Layer Protection, 1997(SEPA 1997 No.115). Cited here as SEPA (1997) No. 115.

12 Ban on Consumption of CFC in Aerosol Sector, 1997 (SEPA 1997 No. 366). Cited here asSEPA (1997) No. 366.

13 Ban on New Construction of ODS Production and Consumption Facilities, 1997 (SEPA 1997no. 733). Cited here as SEPA (1997) No.733.

14 Tradable Production Quota System for Halon Agent Producers, 1997 (SEPA 1997 No. 764).Cited here as SEPA (1997) No. 764.

15 Ban on CFC Consumption in the Manufacture of New Automobiles in Automobiles Sector,1997 (Ministry of Machinery Industry 1997 No. 099). Cited here as MMI (1997) No. 99.Replaced in 1999 by SEPA (1999) No. 267.

16 Publication of First Batch of the List on Seriously-Polluting-Environment (Atmosphere)Processes and Facilities to be Phased-Out, 1997 (State Economic and Trade Commission(1997) No. 367. Cited here as List of Polluting Facilities.

17 Notice on Gradually Phasing out Halon Fixed Systems and Halon Fire Extinguishers, 1999(MPS 1999 No. 031). Cited here as MPS (1999) No. 031.

18 Supplementary Notice on the “Ban on New Construction of ODS Production and Consumptionfacilities”, 1999 (SEPA 1999 No. 147). Cited here as SEPA (1999) No 147.

19 Notice on Implementation of CFC Production Quota System, 1999 (SEPA 1999 No. 128).Cited here as SEPA (1999) No. 128.

20 Ban on Consumption of CFC 12 in Mobile Air-Conditioners in New Vehicles in the AutomobileSector, 1999 (SEPA 1999 No. 267). Cited here as SEPA (1999) No. 267.

21 Regulations on Import and Export of ODS 1999 (SEPA 1999 No. 278). Cited here as SEPA(1999) No. 278.

22 Notice on Publication of the List of Controlled ODS for Import and Export (first batch), 2000,(SEPA 2000 No. 10) Cited here as SEPA (2000) No. 10.

23 Regulation to Strengthen the Management of ODS Import and Export, SEPA 2000. Officialnumber: 85. Cited here as SEPA (2000) No 85.

A circular and a notice have the same status of subordinate legislation. Some circulars or notices areissued by Ministries and others by departments in the Ministries.

3.2 Guidelines

1 Implementation Guideline for Multilateral Fund Projects, 1995. Cited here as Project Guideline.2 Fire Protection Code for Design of Tall Buildings, 1997 Cited here as GB50045-95.3 Fire Protection Code for Design of Buildings, 1997. Cited here as GBJ16-874 Code for Fire Extinguishers in the Design of Buildings, 1997. Cited here as GBJ140-90.5 Fire Protection Code in Underground Engineering, 1997. Cited here as GBJ98-87.6 Implementation Guideline for CFC Production Permit System, 1997. Cited here as CFC Permit

System.

4 Controls on ODS in Bulk4.1 Controls on production of CFCs and halonsChina is an ODS producer. The production of CFC and halon is controlled by the SEPA with theintention to phase out production by 2010.

It is prohibited to construct any new facilities or to extend existing facilities for the production ofhalon or CFC (SEPA (1997) No. 733). The national quota for halon, as well as the individual quotas,are decided annually by the SEPA and the Ministry of Public Security. The national and individualquotas for CFC production are determined by the SEPA and the State Administration of Petro-Chemical Industry (SAPCI).

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China

The initial halon quota is based on factors including:

⟨ the actual amount of production, sales, storage and export of halons within the company;⟨ the financial conditions and salaries of the workers at the company in the previous three

years; and⟨ the national total quota amount in 1995.

The CFC quota is based on the company’s actual production during 1997. The national quota will bea maximum of 50 351 MT ODP. After 1999 the individual quota for CFC production will be determinedon the basis of:

⟨ the total national quota of the subsequent year;⟨ quota trading;⟨ licence compliance, and⟨ the outcome of the bidding process.

Halon and CFC producers must apply for a quota licence which will allow them to be allocated ashare of the national production quota (SEPA (1997) No 764. sect. 1 and SEPA (1999) No. 128, sect.1). It is prohibited to produce these substances without a quota licence.

Those who obtain a quota will also get funding to cut down production either partially or wholly. Thefunding for the phase out is provided through the Multilateral Fund under the Montreal Protocol. TheSEPA decides which companies shall obtain funding to phase out production completely and whichshall phase out only partially. Trade in production quotas is allowed after an approval from the SEPAhas been obtained. Buyers of halon production quotas also have to obtain an approval from theprovincial Environmental Protection Bureau (EPB). The company may become subject to a fineimposed by the local department in charge, if a company’s production exceeds the allocated quota.In serious cases the production quota may be cancelled (the amendment to the law on Air PollutionPrevention and Control and SEPA (1999) 128, Art. 10, SEPA (1997) 764, Art 10). In addition, thequalification for the Multilateral Fund Grant will be cancelled (SEPA (1999) 128, Art. 10, SEPA(1997) 764, Art 10).

4.1.1 Monitoring production of ODSA system for registering emissions in general is instituted under SEPA (1992) No. 10 a. Everyoneengaged in activities that cause pollution must report to the authorities on emissions, type of pollutant,quantities, concentration and what treatment facilities they have. In order to make these reportingrequirements applicable to ODS, SEPA (1997) No. 20 was adopted introducing reporting requirementsapplying to CFCs, halon, carbon tetrachloride, 1,1,1,-trichloroethane, HCFC and methyl bromide. Itrequires ODS producers to report on produced quantities, value output, and from where ODS comes,where it goes and for what application it is being used. SEPA has two ways to collect this information:through industry sector organisations or through the local EPBs. This information has not yet beenused for cross checking against the information obtained under the halon and CFC quota system(see below) because to date, there has only been limited information obtained under the emissionregistration system.

Producers of halon must report to SEPA quarterly on the production in each month. SEPA will informthe provincial EPBs, Fire Fighting Departments and the authorities exercising administrative powerover the company. Reports should contain information on procurement of raw materials as HCFC-22, bromide and chlorine; as well as records on quantities of halon produced, sold, exported andheld in stock. The local EPBs and fire fighting agencies perform controls on site from time to time(SEPA (1997) No. 764, sect. 8).

CFC producers must report quarterly to SEPA, SAPCI, the provincial EPBs, the provincial administrationof petroleum and chemical industries and the authorities exercising administrative power over thecompany. Reports shall contain information on procurement of raw materials, records of CFC quantitiesproduced and sold and shall be submitted on a particular form provided in Annex II to SEPA (1999)No 128 (SEPA (1999) No 128, sect. 7 and 8).

There is a particular national regulation specifying how China shall report on its ODS consumption tothe Ozone Secretariat under the Montreal Protocol, namely the SEPA (1994) No. 529.

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4.2 Controls on import of ODS in bulkFrom April , 2000, China banned all import of carbon tetrachloride (SEPA (2000) No. 10).

SEPA and the Ministry of Foreign Trade and Economic Cooperation (MOFTEC), together with theGeneral Customs Administration, has determined a list of ODS that are controlled for import andexport (SEPA (2000) No. 10). Substances listed in Annex A Group I and Annex B Group II of theMontreal Protocol as well as CFC-13 are covered.

Based on the mandate in SEPA (1999) No. 278 s. 3, SEPA and MOFTEC jointly decide on a yearlyimport quota for listed ODS (SEPA (1999) No. 278, Art.5). Importers of substances that are listedmust apply to the SEPA and the MOFTEC for a share of the total annual quota. Their applicationsshall be accompanied by reports on ODS sale and use during previous years (SEPA (1999) No. 278Art. 4). Only importers who have imported the specific ODS during previous years may be allocateda part of the import quota. If an application is accepted, MOFTEC and SEPA issue an “Approval Formon Import/Export of Controlled ODS”, which the importer may use to apply for an import permit.

The application for a permit should be made to the authority which MOFTEC has chosen to approveimport permits (Regulation on Import and Export of ODS and SEPA (2000) No. 10). MOFTEC QuotaLicence Bureau for Import/Export Licences issues the permit on a per shipment basis. Quotas andpermits may not be transferred or sold (SEPA (1999) No. 278 Art. 9). Import over the quota limit ispunishable by a fine imposed by the local department in charge. In serious cases the import quotawill be cancelled (see the amendment to the Law on Air Pollution Prevention and Control, 1987).

Exporters do not need to apply for a quota share as there are no quotas for export of ODS, however,exporters need to apply for an export permit for each shipment of ODS they want to export out ofChina. A company that wishes to export recycled ODS must also have a certificate of recycling andapply to the authority, designated for this purpose by MOFTEC and SEPA, for a specific import/export licence for recycled substances (SEPA (1999) No. 278 Art. 7). Containers that are used tostore recycled ODS for export must carry a label marked with the word “RECYCLED ODS” made andissued by the SEPA. The label should also carry the name and content of the recycled substance(SEPA (1999) No. 278, sec. 7). SEPA, MOFTEC and the General Customs Administration have theright to supervise and inspect import and export activities, including whether ODS marked as recycledis really recycled material.

The establishment of an ODS Import and Export Management Office has been approved by the StateCouncil.

The following contact persons may be adjusted in the future:Mr. Yuansheng Fan, Deputy Director Ms. Xiaolin FanPollution Control Department General Administration of CustomsSEPA Tel: (86-10) 6519 5442Tel: (86-10) 6615 4261 Fax: (86-10) 6519 5364Fax: (86-10) 6615 1778

Mr. Ke Li, Division ChiefTrade Management DepartmentMOFTECTel: (86-10) 6519 7446Fax: (86-10) 6519 7952

4.2.1 Monitoring ODS importWhen applying for an approval form on import/export of controlled ODS, the applicant must provideSEPA and MOFTEC with information and certificates of sale, use, import and export of specific ODSduring the years 1995 – 1997 and also for the year preceding the year of application (SEPA (1999)No. 278 Art.4). The information is recorded at the import/export management office and crosschecked with customs statistics. The customs codes have been adjusted to facilitate monitoring ofODS import and export.

In April 2000 SEPA (2000) No. 85 was promulgated. It stipulates that the importer is required to fillin an import plan form, and an application form for ODS import. The importers are required to fill out

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China

the import plan form after they receive the import quota. The import plan form includes the followinginformation:

⟨ name of importer;⟨ name of imported ODS and Series Number;⟨ estimated date of arrival; and⟨ the planned import amount.

After the shipment arrives in China the import and export office adds information on the approvedamount and actual imported amount to the import plan form.

The application form for ODS import must be filled out before the import of each shipment andcontains the following items:

⟨ name of importer;⟨ name of imported ODS;⟨ source of imported ODS;⟨ amount for import;⟨ estimated import date;⟨ port of arrival;⟨ contact details of the importer;⟨ contact details of the exporter; and⟨ contact details of the producer.

The government authority primarily responsible for compiling information on ODS import is the ODSImport and Export Management Office (established by SEPA, the Ministry of Foreign Trade andEconomic Cooperation and Customs and located at SEPA).

Contact person:Ms. Lei Li, Deputy Division ChiefOffice on Management of Import and Export of ODSTel: (86-10) 6611 1425Fax: (86-10) 6613 3366

4.3 ODS import from and export to non-party countriesImport from and export to non-party countries is prohibited (SEPA (2000) No. 85).

5 Controls on Import and sale of Products Containing, Madewith or Using ODS

China has no regulations or guidelines banning or controlling the import or sale of products containingor made with ODS. It is also intended that ODS products will be included on the list of controlledODS for import and export (SEPA (2000) No. 10) in the near future.

6 Controls on the Use of ODS (other than methyl bromide) -“End use Controls”

SEPA (1992) 10 requires that anyone who is engaged in an activity which causes pollution mustreport on emissions. SEPA (1997) No. 20 makes this law specifically applicable to manufacturingprocesses using ODS.

It is prohibited to build new factories, or extend existing production lines using the substances belowfor the following applications (SEPA (1997) No. 733):

Substance Application

CFC (as refrigerant or blowing agent) RefrigeratorsFreezersMobile air-conditionersPU, PE/PS extruded foam

Halon (as an extinguishing agent) Portable fire extinguishersFixed fire extinguishing systems

CFC, 1.1.1-trichloromethane or All applicationscarbon tetrachloride (as a solvent)CFC (as a propellant) Aerosols (except for medical uses

where no alternatives are available)CFC (as an expansion agent) Tobacco industry

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In addition, SEPA has prohibited the use of ODS for the following applications:

The use of CFC-12 and HCFC in the manufacture and sale of:⟨ Aerosols from January 1998 (SEPA (1997) 366 sec. A 17).3

⟨ Mobile air-conditioning, new installations from January 2002 (SEPA (1999) No 267 Section A27).

No exemptions are allowed.

The use of halon 1211 in the manufacture and sale of:⟨ Fire extinguishers, new installations (MPS (1994) No 94 sec. A 6) since November 1994.

Exemptions are allowed for essential uses. The authority responsible for granting exemptions is theMinistry of Public Security Fire Fighting Bureau.

Contact person:Mr. Jicheng Chen, Senior EngineerSector Management Office of Fire Fighting BureauTel: (86-10) 6520 3299Fax: (86-10) 6520 3651

China has several guidelines aiming to reduce the use of ODS for fire extinguishing. They are:

⟨ Fire Protection Code for Design of Tall buildings.⟨ Applies to halon 1211 and 1301.⟨ Fire Protection Code for Design of Buildings.⟨ Applies to halon 1211 and 1301.⟨ Code for Fire Extinguishers for Design of Buildings.⟨ Applies to halon 1211.⟨ Fire Protection Code in Underground Buildings.⟨ Applies to halon 1211 and 1301.

7 Control on Service and Installation of Refrigeration andAir-Conditioning Equipment

SEPA (1999) No. 267, section A 26 prohibits the installation of mobile air-conditioning equipmentusing CFC-12 in new vehicles as of 2002. The regulation applies to service and installation enterprises.The authority responsible for implementing these rules is the State Bureau of Machinery Industry.

Contact person:Ms. Xu Yi, Senior EngineerPlanning and Development DepartmentTel: (86-10) 6859 5098Fax: (86-10) 6859 4951

There are no rules outlining how service and maintenance should be undertaken or who should carryout such service or maintenance. There is no co-operation between the authorities and tradeassociations for the promotion of reduction of use and emission of ODS refrigerants. Nor are thereany codes of good practice for this purpose being developed by industry.

8 Controls on Methyl Bromide4

China has no legislation specifically controlling the use, import or export of methyl bromide. However,the Pesticide Management Regulation (1997) No. 216 states that all import of pesticides must beregistered with the State Ministry of Agriculture. The said regulation also requires that all pesticides,including methyl bromide, produced, imported or sold in China, obtain a pesticide registration certificatefrom the Ministry of Chemical Administration. Two more regulations require import licences formethyl bromide, namely the Notification on Implementing Licence for Import and Export of Pesticidesand the Notification of Temporal Approval Procedure for Import of Pesticides.

Construction of new production facilities for methyl bromide was prohibited in 1997.

China is working with UNEP on increasing the control of methyl bromide use. In 1998 a working

3 Medical aerosols are not comprised by the regulation.4 Information in this section originates from the UNEP publication “Methyl Bromide Phase-Out Strategies – A Global

Compilation of Laws and Regulations”, UNEP, 1999.

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China

group was formed by representatives from various Chinese authorities and research institutes toaddress the methyl bromide issue.

Contact person for methyl bromide strategies:Mr. Bo LiScience and Education DepartmentMinistry of AgricultureTel: (86 10) 6419 3031

9 Economic Incentives and DisincentivesThe guidelines for the Implementation of Multilateral Fund projects provide for a grant administeredby the SEPA Project Management Office, aiming to fund the phase out of substances controlled bythe London Amendment.

All enterprises that produce halons or CFCs are encouraged to apply for such a grant. Producers ofhalons or CFCs are annually given the opportunity to sell their production quotas back to thegovernment through a competitive bidding process. Companies offer to sell their quotas to a certainunit price. The government evaluates the bids and awards grants to those offering the lowest price,based on the amount available for grants for that year. If the government is able to buy backsufficient production quotas through the bidding process, those companies that did not make asuccessful bid get to keep their allocated quota at the same level for the next year.

Should the bidding process fail to buy back a sufficient amount of quotas the government willdiminish the quotas also for the remaining producers on a pro rata basis. In 2000 the governmenthad to intervene in this way since they were not able to buy back enough quotas due to the greatdemand for halon on the market.

Contact person:Ms. Xiaozhi Song, Co-ordinatorProject Management OfficeTel: (86.10) 6613 3882Fax: (86-10) 6615 1776

There are no economic disincentives to discourage ODS use in China.

10 Labelling RequirementsThe Environmental Labelling Policy on Products aims to encourage the labelling of products that donot contain ODS or require ODS for their use (SEPA (1994) No. 410, sect. A 5). The authorityresponsible for handling labelling issues under that policy is SEPA.

Contact person:Ms. Jing Teng, Division Chief in Standard DivisionScience, Technology and Standards Department, SEPATel: (86-10) 6615 3181Fax: (86-10) 6615 1768

The SEPA (1997) No. 366 requires that aerosols that do not contain ODS are labelled stating thatfact. The statement is verified by Fre Aerosols, SEPA and the State Technical Monitoring Bureau.

11 Criteria for Selection of AlternativesChina has developed guidelines for the selection of acceptable alternatives to halons. The majorsubstitutes for halon 1211 fire extinguishers, according to the guidelines, are ABC dry powder, CO2and AFFF. The guidelines stipulate the quality requirements for ABC dry powder. The Fire FightingBureau is the authority responsible for the halon guidelines.

Contact person:Mr. Jicheng Chen, Senior EngineerSector Management OfficeFire Fighting Bureau, Ministry of Public SecurityTel: (86-10) 6520 3299Fax: (86-10) 6520 3651

47

Fiji

(Information provided in July 2000)

1 StatusFiji ratified the Montreal Protocol on October 23, 1989 and the London Amendment on December 91994. It is an Article 5 country.

2 ODS Focal PointThe Ministry for Local Government, Housing and Environment (MLGHE) is the authority with themain responsibility for implementing ODS phase out strategies.

Main Contact person:Mr. Bhaskaran Nair, Deputy Permanent SecretaryODS UnitDepartment of EnvironmentBox 2131Government BuildingSuvaFijiTel: (679) 311 069/311 699Fax: (679) 312 874/303515E-mail: [email protected]

3 Regulations and Guidelines1 Ozone Depleting Substances Act, June 19 1998 (No26 of 1998) Cited here as “ODS Act”.2 Ozone Depleting Substances Regulation, 2000, No. 9. This regulation regulates import and

handling etc. of ODS and prescribes licences therefore. Cited here as “ODS Reg.”.3 Occupational Health and Safety at Work Act, 1996 (No.4 of 1996).4 Occupational Health and Safety at Work Act Regulation, 1997.5 Customs Tariff Nomenclature Regulations, 1986 (No. 12 of 1986). Amended in November

1998 to include specific customs codes for ODS in bulk under chapter 25.6 Customs Act, 1986 (No 11 of 1986).7 Customs regulation, 1986 (No. 108 of 1986).8 Land Transport Act, 2000.9 Quarantine Act, 1965 (Chapter 12).10 Quarantine Regulations, 1965.11 Sustainable Development Bill, 1999 (No 34 of 1999).

In addition, an amendment to the Customs Act is being prepared to contain rules on permits fortrade in ODS and a list of controlled substances.

4 Controls on ODS in Bulk (Other than Methyl Bromide)4.1 Production, import and export of ODS in bulkODS controlled by the ODS Act are listed in the schedule to the act. The list includes all Annex A andB substances regulated by the Montreal Protocol as well as HCFCs and methyl bromide, leavingHBFCs and bromochloromethane aside (ODS Act sect. 5 and schedule).

Production, importing and exporting ODS listed in Annex A and B of the Montreal Protocol is inprinciple banned under the act from January 1, 2000 (ODS Act sect. 14 (1)). Import, export andmanufacture of HCFCs is allowed until January 1, 2031 (ODS Act sect. 14 (2)). Fiji is not a producerof ODS.

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A permit issued by the Director of Environment is required for import of ODS (ODS Act sect. 16(3)).Anybody may apply for a permit to import or distribute ODS in Fiji but only an auhtorised suppliermay engage in these activities (ODS Reg. sections 3(1) and 8).

In order to issue a permit to import, supply or purchase ODS, the Director must be satisfied that theapplicant has adequate knowledge of the environmental implications of ODS, the ODS Act, ODSRegulations and the relevant codes of practice (ODS Reg. Sect. 8). Applications must be made onthe forms in schedule 2 to the ODS Regulation (ODS Reg. 9(2)). Permits may be subject to anycondition the Director decides (ODS Reg, sect. 8(2)). Some standard conditions are stated on thepermit (form 4, schedule 2 to the ODS Reg.) such as labelling, reporting on quantities actuallyimported and record keeping.

Anybody who wants to be licenced under the ODS Reg. must have at least three years of relevanttrade experience, adequate knowledge of the relevant code of practice and a certificate to handleODS approved by the Director (ODS Reg. section 11). Importation of ODS must be in accordancewith the relevant code of practice and authorised suppliers have a duty to ensure that any ODS intheir possession is handled in a way that minimises the risk of emissions to the atmosphere (ODSReg., sect. 3(4)).

Controlled substances may not be delivered to a supplier unless the container is clearly labelled(ODS Reg., sect. 16).

Main contact person:Nirupa Ram, Project OfficerODS UnitDepartment of EnvironmentTel: (679) 311 069/311 699Fax: (679) 312 874E-mail: [email protected]

4.2 Monitoring import of ODSPreviously, information on ODS import was obtained through voluntary reports from importers, surveysby consultants and customs statistics. Fiji has since adjusted HS codes for the purpose of ODSmonitoring. The new ODS Reg. (sect. 4) requires authorised suppliers to keep records of all importand sale of ODS including information regarding:

⟨ controlled substances held in stock on October 1 2000;⟨ controlled substances acquired after that date;⟨ controlled substances leaving the control of the supplier on or after that date;⟨ the stock of controlled substances held on September 30 each year after 2000;⟨ information on purchasers by end-use sector;⟨ any controlled substances used for feedstock; and⟨ any controlled substances that have been destroyed.

Records shall be made available for inspection and be submitted annually to the Director.

A standard condition on the import permit requires importers to keep records on imported substancesby end-use sector (see above, sect. 4.1.). In addition, there is a general requirement in the regulation(ODS Reg. Sect. 12(3)) that requires all persons licensed under the regulation to keep record overtheir activities in addition to the other recording obligation under the regulation, and submit these tothe department every six months.

The authority responsible for collecting ODS import data is the Ministry for Local Government,Housing and Environment.

Main contact person:Nirupa Ram, see section 4.1

4.3 ODS import from and export to Non-PartiesFiji bans the import from and export to all countries of Annex A and B substances. There is noparticular rule relating to trade with Non-Parties.

4.4 Sale of ODS in bulkA person who wants to sell a controlled substance must have a permit for the premises in which thesubstance will be stored (ODS Act, sect. 16(2)). The Director for the Environment issues permits.

49

Fiji

The Director is empowered under the act to make standards for the storage or handling of thecontrolled substances (sect. 16(5)).

In addition, the ODS Reg. provides that only authorised suppliers may sell, offer for sale or distributeODS and to authorised purchasers only (ODS Reg., sect. 3(1) and (2)). Any person may apply to theDirector for the Environment for a permit to sell or purchase a controlled substance (ODS Reg., sect.8(1)). Permits may be granted subject to conditions. Before granting a permit the Director must besatisfied that the applicant has adequate knowledge of the effect of ODS on the environment, theact, regulations and the relevant codes of practice. The minimum requirements an applicant mustfulfil to get a sales permit, or a permit to purchase ODS, are the same as those applying to importersor handlers of ODS (see section 4.1).

Sales must occur in accordance with the relevant code of practice. The supplier is responsible forensuring that the substances are handled in such a way that releases into the atmosphere areminimised (ODS Reg., sect. 3(4)). The requirements on record keeping and reporting referred toabove (Sect. 4.2) in relation to suppliers pertain also to the sales of ODS.

Persons selling, storing or processing controlled substances must keep records and report annuallyto the Director of the Environment (ODS Act, sect. 16(12)). The ODS Reg. further details whatshould be in the records kept by ODS suppliers (see above, sect. 4.2.) Only an authorised purchasermay purchase ODS (ODS Reg., section 5). Purchasers must keep records for every purchase.

5 Control on import and sale of products containing or madewith or using ODS

Since July 1 1998 the ODS Act has prohibited the import and export of certain products that containCFCs, halons, carbon tetrachloride or 1,1,1, trichloroethane (ODS Act section 14(3)–(6)). Theseproducts include:

⟨ motor vehicles with an air-conditioning system which contains any of the above mentionedODS;

⟨ mobile air-conditioners; and⟨ halon fire extinguishers.

As regards the fire extinguishers it is also prohibited to sell these products or to refill them.5

In addition, the ODS Act prohibits the import and export of some products containing or using theabove mentioned substances as of the same date (ODS Act section 14(7)). These products include:

⟨ air-conditioners or air-conditioning units; and⟨ refrigerators and refrigeration units including any compressor.

The ODS Reg. bans the import, export and sale of additional products containing or designed to useany of the above-mentioned substances or any HCFC or methyl bromide (ODS Reg., section 18(1)).The products mentioned in the regulations include:

⟨ dry-cleaning machines containing or designed to use a controlled substance as a solvent;⟨ any aerosol containing a controlled substance other than methyl bromide; and⟨ any plastic foam or similar goods containing a controlled substance.

The ODS Act prescribes that import of other equipment containing ODS requires a permit (ODS Act,section 16(3)). The import permit application form in schedule 2 to the ODS Reg. includes in part Ba section where the applicant is supposed to apply for a permit to import apparatus or equipment.Any person who sells equipment that contains a controlled substance must ensure that the productis labelled, showing what substance it contains (ODS Reg., section 13(1) and (2)).

5.1 Import from Non-Party countriesThere are no regulations that apply specifically to import of products from Non-Parties.

5 The prohibition of refilling was initially limited to non-essential applications but comprises as of 1 January 1999 allapplications.

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6 Controls on the Use of ODS (other than methyl bromide) –“End-Use Controls”

Recycling, recharging or capturing of controlled substances, requires a licence issued by the Director(ODS Act, section 17). The ODS Act gives the Director the mandate to, subject to the minister’sapproval, establish procedures and requirements for the licencing of persons under the act. Theminister may also decide on training requirements by regulation.

The ODS Reg. requires that any person who handles a controlled substance must be authorised(ODS Reg., sect. 8). “Handling” is defined in the regulation as the recovery, recycling, refilling,recharging, or capturing of the controlled substance and a person becomes authorised after obtainingthe licence described in the ODS Act (ODS Reg., sect. 2). The rules dealing with “handling” of ODSare described under section 7 below.

In addition to the above licences, the ODS Act contains a rule requiring a licence for recovery,recycling and refilling of halon. The person who services halon equipment must use approvedequipment and deposit any recovered halon at the national halon bank (ODS Act, sect. 15 (2) and(3)).

The ODS Reg. further prescribes that every person in possession of a portable halon fire extinguishermust replace it with a non-halon extinguisher by October 1 2000. The Director for the Environmentmay not approve the installation of any halon extinguisher unless there is no acceptable alternativeand the installation is necessary to protect human life in the case of an emergency. It is prohibited todischarge a fixed halon fire extinguishing system unless it is for the purpose of extinguishing a firethat poses a risk to life or property (ODS Reg., sect. 17).

Contact person:Mr. Epeli Nasome, DirectorODS UnitDepartment of EnvironmentTel: (67-9) 311 699 / 311 069Fax: (67-9) 312 879

7 Controls on Service and Installation of Refrigeration and Air-Conditioning Equipment

A controlled substance may not be handled unless the handler has a permit issued by the Directorfor the Environment. “Handling” includes the installation and servicing of air-conditioning andrefrigeration equipment.

Before granting a licence the Director must be satisfied that the applicant has adequate knowledgeof the environmental implications of ODS, the act, the regulations and any relevant codes of practice.Licences may be granted with conditions (ODS Reg., sect. 8). Applicants may be required to sit apractical examination and this may also be required upon renewal of a licence. Applicants may alsobe required to obtain a certificate from an approved institution. In order to obtain a permit theapplicant must have at least three years of relevant trade experience, an adequate knowledge of thecode of practice and a certificate from an institution approved by the Director (ODS Reg., section11). Licences are valid for 12 months. Licensed persons are responsible for training and supervisingtheir employees (ODS Reg., section 10).

A person who services any equipment by charging it with a controlled substance or replaces anyequipment must attach a label on the equipment. The label must show the name of the serviceperson, the date of service, the identity of the authorised purchaser and the type of substance(whether controlled or not) used in the service (ODS Reg., sect. 13(3)). A licenced person mustkeep records of his or her activities and submit these records to the department every six months(ODS Reg., sect. 12(3)).

A person authorised to handle controlled substances must reclaim any substances that wouldotherwise have been released into the atmosphere in a manner that is in accordance with the codeof practice. Containers used for reclamation purposes must be clearly labelled with the word“RECLAIMED”, the name of the authorised supplier, name and colour code of the controlled substanceand a note that the container may only be used for storage and return of a particular type ofsubstance. In addition, all controlled substances delivered to an authorised supplier must be deliveredin a container labelled with the name and colour code of the substance (ODS Reg., section 15).

51

Fiji

A person who is in possession of a controlled substance must keep it in an airtight container. Thecontainer and the substance must be disposed to an authorised supplier, purchaser or storagefacility, or be destroyed in a manner approved by the Director or expressed in the relevant code ofpractice. Exemptions are made for residual controlled substances in discarded domestic equipment,however, the exemption does not apply to discarded motor vehicle air-conditioners (ODS Reg., sect.14). Owners of disposable ODS using equipment have a duty under the ODS Act to ensure, whenpossible, that the ODS in the equipment is reclaimed before disposal of the apparatus. If a controlledsubstance is taken to an authorised handler, the handler should either recycle the substance for re-use in an existing system, deposit it for storage in an approved storage facility or destroy it in amanner approved by the department (ODS Reg., sect. 19(2)).

Owners of ODS using equipment shall have the controlled substance therein replaced by an non-controlled substance when repairing or servicing the equipment, if practicable (ODS Act, section 18(3)). If an authorised handler is asked to handle a system that contains a controlled substance he orshe must either find a replacement for the system by using HFC-134a, HFC-152a, HCFC-24, HCFC-22or any other non-CFC substance, retrofit the system to use non-controlled substances or require theowner of the system to undertake the retrofitting (ODS Reg., sect. 19(3)).

It is an offence to discharge any controlled substance into the environment and any person whobecomes aware of such a discharge has an obligation to report it to the D irector (ODS Act, section18(4), (5) and (6)). People can defend themselves against unlawfully discharging a controlledsubstance if they can show that the discharge was not caused deliberately or by their negligenceand that they took immediate action to limit the discharge (ODS Act, sect. (8)).

In addition to the general rules on handling ODS, it is noted that a person who owns, or is in controlof a refrigeration and air-conditioning service workshop, shall use a particular approved recovery andrecycling unit (ODS Act, sect. 15(4) and ODS Reg., sect. 19(1)). It is also noted that a person whodismantles a vehicle containing an air-conditioning unit that uses a controlled substance must ensurethe unit is decommissioned in accordance with the relevant code of practice (ODS Reg., sect.13(4)).

It is intended that codes of practice will be developed for this sector in the future.

8 Controls on Methyl BromideMethyl bromide is a controlled substance under the ODS Act. Thus what has been written regardinglicences and permits to purchase, import, sell, store and handle controlled substances applies alsoto methyl bromide.

Aerosols containing methyl bromide may only be offered for sale or distributed if an authorisedpurchaser purchases it or if it is to be sold or distributed for medical purposes (ODS Reg. sect.18(2)).

9 Economic Incentives and DisincentivesThe ODS Act gives the minister the mandate to establish fiscal incentives to give effect to thenational policy and the implementation of the Act (ODS Act, section 25(1) (b)). It also obligates theminister responsible for finance to make regulations under the Customs Act to provide for thevariation of import duties in order to encourage import of equipment that does not contain or usecontrolled substances (ODS Act, sect. 25 (2)(b)).

Fiji allows exemptions from duties for recovery and recycling equipment and technical equipment fortraining.

Contact persons:Mr. Epeli Nasome, see section 6.Ms. Nirupa Ram, see section 4.1.

10 Labelling RequirementsA person who sells, offers for sale or distributes any equipment that contains a controlled substancemust ensure that the equipment is labelled (ODS Reg., sect. 13(1) and (2)).

According to the import licence forms attached to the ODS Reg. a condition for allowing import ofODS in bulk is that the controlled substances are labelled with the name and address of the importer,the number of the allowance to import and chemical composition in case of mixtures.

52


Persons servicing any equipment by charging it with a controlled substance or who replace suchequipment must attach a label thereupon, showing the person and company who conducted theservice, date of service, the identity of the authorised purchaser and the type of substance used(ODS Reg., sect. 13(3)). Labelling is also required for containers used to deliver controlled substancesto suppliers (ODS Reg., 16).

If controlled substances are reclaimed the authorised handler must ensure that containers used forthis purpose are labelled with the word “RECLAIMED”. Containers must also show the name of theauthorised supplier, a warning label that the container may only be used for the storage and returnof a particular substance, and the name and any colour code of the substance (ODS Reg., 15).

53

Indonesia

(Information provided in September 2000)

1 StatusIndonesia ratified the Montreal Protocol and the London Amendment on June 26, 1992 and theCopenhagen Amendment on December 10 ,1998. It is an Article 5 country.

2 ODS Focal PointThe State Ministry for the Environment (Kantor Menteri Negara Lingkungan Hidup) has the mainresponsibility for implementing ODS phase out strategies.

Main contact person:Dr. Sonny Keraf, MinisterJL. D.I. Panjaitan Kav-24 Kebon NanasJakarta 13410IndonesiaTel: (62-21) 85 80 102; 85 80 103Fax: (62-21) 85 80 101

3 Regulations and Guidelines1 Decree of the President of the Republic of Indonesia, June 23, 1998, No. 92. Cited here as

“Decree 92”.2 Decree of the President of the Republic of Indonesia, May 13, 1992, No. 23. Cited here as

“Decree 23”.3 Decree of the Minister of Industry and Trade, January 27, 1998, No. 110/MPP/KEP/1/1998.

Cited here as “Decree No 110”. Amended by the Decree of the Minister of Industry and Trade,September 3, 1998, No. 410/MPP/KEP/1/1998. Cited here as “Decree No. 410”.

4 Decree of the Minister of Industry and Trade, January 27 1998, No. 111/MPP/KEP/1/1998.Cited here as “Decree No 111”. Amended by the Decree of the Minister of Industry and Trade,September 3, 1998, No. 411/MPP/KEP/1/1998. Cited here as “Decree No. 411”.

The Presidential Decrees are the highest ranked legal instruments while the Ministerial Decrees aresubordinate legislation.

4 Controls on ODS in Bulk (other than methyl bromide)4.1 Production, import, sale and export of ODS in bulkThe total quota for importation of CFCs and halons is decided annually and import can only take placeunder a permit issued by the Ministry of Industry and Trade (Menteri Perindustrian Dan Perdagangan).The Electronic Association and the State Ministry for the Environment function as advisory bodies inthe licensing process.

Contact person for licences:Ministry of Trade and IndustryMr. Gatot Ibnu Santosa, Director General for Agro Industry and Forest ProductsTel: (62-21) 5252 713 / 5255 599Fax: (62-21) 5252 450

Permits are granted on a case-by-case basis to registered importers. Permits can be combined withconditions. Presently there is only one importer registered in all of Indonesia and this importer nolonger imports ODS. However, a proposal has been developed in order to allow more importers, asthe present situation has led to illegal ODS import and diminished possibilities for the authorities tocontrol ODS trade.

54


4.2 Monitoring import of ODSThe Ministry of Industry and Trade Information monitors the import of ODS on an annual basisthrough the use of voluntary information supplied by trade organisations and customs statistics.Particular customs codes have been adopted to facilitate monitoring of ODS.

Contact person:Ministry of Trade and IndustryDjoko Moelyono, MBATel: (62-21) 3858 204Fax: (62-21) 3858 191

4.3 ODS import from and export to Non-Party countriesIndonesia has regulations banning import from, but not export to, Non-Party countries.


Import into Indonesia of products containing or made with ODS is prohibited. The ban also applies toproducts that are designed for ODS use but that do not contain ODS.


The use of CFCs is banned for the following applications:

⟨ Aerosols since 1990⟨ Foam packaging material since 1998⟨ Flexible foams since 1998⟨ Rigid foams since 1998⟨ Domestic refrigerators since 1998⟨ Commercial, industrial and transport since 1998

refrigerators, new installations⟨ Mobile air-conditioning, new since 1998

installations⟨ Stationary air-conditioning, new since 1998

installations⟨ Solvents (other than for dry cleaning) since 1998

The use of halons is prohibited in both new and existing fire extinguishers.

7 Controls on Service and Installation of Refrigeration and Air-conditioning Equipment

Indonesia has no controls on service or installation of refrigeration or air-conditioning equipment.However, the responsible authority is co-operating with two trade organisations (the ElectronicAssociation, and the Association of the Air-Conditioner , Himpunan Ahli Tata Udara) in an effort tolimit emissions of ODS refrigerants.

Contact person:National Ozone Unit, see section 2.

8 Controls on Methyl BromideIndonesia has adopted regulations to control methyl bromide which take into consideration that it isan ODS. The Ministry of Agriculture is the authority responsible for strategies to limit use or emissionsof methyl bromide.

Contact person:Ministry of AgricultureIr. Yuli Hartono, MScSecretary to the Pesticide CommissionTel: (62-21) 7816 086Fax: (62-21) 7816 080

55

Indonesia

9 Labelling RequirementsThe ODS Act gives the minister the mandate to establish an eco-labelling programme for controlledsubstances (ODS Act, section 25(1)(c)). The ODS Regulations state that it is the duty of a personwho sells or distributes any equipment that contains a controlled substance to ensure that theequipment bears a label showing what substance it contains (ODS Reg. section 13(1)).

Labelling of products that do not contain ODS is encouraged through Decree No. 111.

57

Iran

Note: This country section has not been updated since the last version of theGuidebook.

(Information provided in March 1996)6

1 StatusThe Islamic Republic of Iran (short name: Iran) ratified the Montreal Protocol on 3 October 1990 andthe London and Copenhagen Amendments on 4 August 1998. Iran operates under Article 5 of theMontreal Protocol.

2 ODS Focal PointThe Department of the Environment (DOE) has the main responsibility for implementing ODS phase-out strategies.

Main contact person:Naser Moharram Nejad, Deputy Director of DOE (Deputy Director for Research)Department of the EnvironmentP.O. Box 15875-5181Tehran, I.R. IranTel: (98-21) 898177Fax: (98-21) 893447

Under the supervision of the DOE, the Ozone Layer Monitoring Centre has the responsibility of co-ordinating and supervising the ODS phase-out activities, prepare regulations on import and consumptionof ODS, collect data on ODS consumption, etc.

3 Regulations and GuidelinesIran has no regulations yet on control of ODS. Regulations to ban import and consumption of ODSand equipment using ODS are under preparation and will be finalized as soon as possible. Theymight be based on a Law on the Protection of the Environment, approved by the Parliament in 1974and amended in 1992. However, they could also be based on the Combating Air Pollution Act of1995, in which case Art. 12 and 15 would be referred to with regard to producers and manufacturingcompanies and Art. 22 for others.

For the time being, guidelines issued by the Ministry of Industry and approved by the Department ofthe Environment are used to control ODS.

Regulations on import and consumption are prepared jointly by the Department of the Environment,the Department of Customs, the Ministry of Industry and other relevant Agencies.

4 Controls on Import and Sale of ODS in bulkIran has not introduced permit or notification requirements for import of ODS in bulk or prohibitedimport of any type of ODS.

Monitoring of ODS import is based on customs statistics and information required in connection withgeneral import permit systems which are handled by the Department of Customs. No changes aremade to the customs procedures or customs codes. The information is compiled by the Ministry ofCommerce and the Iran Customs Department (ICD).

Contact person:Ali Akbarian (in charge of ICD statistics)Iran Customs DepartmentTel: (98-21) 8892106Fax: (98-21) 892137

6 Iran did not submit any new information for the update of this Guidebook.

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The guidelines by the Ministry of Industry prohibit import of equipment using CFCs, such as mobileair-conditioners.

6 Controls on the Use of ODS (other than methyl bromide) -“End Use Controls”

In accordance with the guidelines by the Ministry of Industry, no permits are given for establishmentof new industry units with equipment using CFCs.


The general ban on installation of new units using ODS in industries is also applicable to installationof refrigeration and air-conditioning equipment. The Ministry of Industry (MOI) is responsible forsupervising the implementation of these guidelines.

Contact person:Mr Shaaneh Saz, Head of Engineering Department of Metal IndustriesMinistry of IndustryTel: (98-21) 817 2306Fax: (98-21) 889 8060

Guidelines by private enterprises contain requirements on basic education in refrigeration technology,practical experience on refrigerants in general, completion of courses with information on ozonedepletion and related issues, access to equipment to minimize emissions and record keeping.Enterprises and technicians which fulfil such requirements will be given a certificate, but such acertificate is not a condition to be allowed to service or install refrigeration and air-conditioningequipment with ODS refrigerants. Guidelines by private enterprises contain requirements on designand maintenance of the equipment, but not on recovery and recycling of the refrigerant.

There is no established co-operation with trade associations aimed at promoting reduction of useand emissions of ODS refrigerants, and no trade associations engaged in the development orimplementation of a Code of Practice related to the reduction of ODS refrigerant emissions or use.

8 Controls on Methyl BromideMethyl bromide is classified as a pesticide and controlled in accordance with the rules applicable topesticides.

The overall responsibility for strategies to limit use and emissions of methyl bromide with regard toits effects on the ozone layer rests with the Department of Environment.

Contact person:Mr Ferdowsi, General Director of the Human Environment Bureau (HEB)Department of EnvironmentTel: (98-21) 898232Fax: (98-21) 898232

The Ministry of Agriculture is also involved in the control of methyl bromide.

Contact person:Mr Mohammad Reza Mirzaloo, Manager of Pesticides ActivitiesPlant Protection Organisation (PPO)Ministry of AgricultureTel: (98-21) 2043198Fax: (98-21) 2043187

59

Japan

(Information provided in September 2000)7

1 StatusJapan ratified the Montreal Protocol on September 13, 1988, the London Amendment on September4, 1991 and the Copenhagen Amendment on December 20, 1994. It is a Non-Article 5 country.

2 ODS Focal PointThe authorities responsible for implementing ODS phase out strategies in Japan are the Ministry ofInternational Trade and Industry (MITI) and the Environment Agency (EA).

Contact person at MITI: Contact person at the EA:Haruhiko Kono, Director Toshihiko Kasai, DirectorOzone Layer Protection Office Wide Area Atmospheric Protection OfficeBasic Industries Bureau Air Quality Bureau1-3-1 Kasumigaseki 1-2-2 KasumigasekiChiyoda-ku Chiyoda-kuTokyo, JAPAN Tokyo, JAPANTel: (81-3) 3501 4224 Tel: (81-3) 5521 8291Fax: (81-3) 3501 6604 Fax: (81-3) 3580 7173E-mail: [email protected]

3 Regulations and GuidelinesThe following regulations and guidelines control ODS consumption in Japan.

3.1 Regulations1 Law Concerning the Protection of the Ozone Layer through the Regulation of Specified

Substances and Other Measures, May 20, 1988. Official number: No 53 of 1988. Amended bylaw No. 8 of 1991, law No. 89 of 1993 and law No. 54 of 1994. Latest full revised text as ofJune 29, 1994. Cited here as the Ozone Law.

2 Ordinance on Enforcement of the Law Concerning the Protection of the Ozone Layer throughthe Regulation of Specified Substances and Other Measures, September 26, 1994. OfficialNo: 308 of 1994. This is a regulation by cabinet, subordinate to the Ozone Law. Cited here asthe ODS Reg.

3 MITI Ordinance on Enforcement of the Law Concerning the Protection of the Ozone Layerthrough the Regulation of Specified Substances and Other Measures, December 24, 1988.Official No: 80 of 1998. This Ordinance has the status of a ministerial order, subordinate tothe ODS Reg.

4 Foreign Exchange and Foreign Trade Law, December 1, 1949. Official number: No. 228 of1949. Amended by law No. 59 of 1997. Latest full revised text October 1, 1998. Cited here asthe Trade Law.

Sanctions for non-compliance include fines and jail.

3.2 Guidelines1 Guidelines on Reduction and Limitation of Emission and Rationalisation of Use, April 1, 1989.2 CFC Recovery Promotion Programme, April 1997.

7 The SEI has not had access to translations of the Japanese Regulations. The information is therefore solelybased on the information submitted by Japan in the questionnaire.

60


4 Controls on ODS in Bulk (other than methyl bromide)4.1 Production, import, export and sale of ODS in bulkAll controlled ODS are subjected to a production quota under the Ozone Law, Article 4,5(2), 11, 13and an import quota under the Trade Law, Article 52. The quantity each importer may import isbased on amounts imported during previous years and allocated in the form of an individual quota.The production and import quotas have been set at zero since the following dates.

• CFC January 1, 1996• Halon January 1, 1994• Carbon tetrachloride January 1, 1996• 1,1,1-trichloroethane January 1, 1996• HBFC January 1, 1996

Exemptions apply to substances that are to be used in essential uses or as feed stock. Permits toproduce or import banned substances under an exemption are given on the condition that producersor importers may only distribute the substances for approved uses.

Permits to import banned substances under an exemption are given subject to a condition thatimporters may only distribute the substances for approved uses.

The authority responsible for handling production and import permits is MITI.

Contact person:Haruhiko Kono, see section 2.

4.2 Monitoring import of ODSImporters must report to MITI on their activities (Trade Law, Art. 55(8)). Customs codes have beenadjusted to facilitate the classification of ODS in customs.

In addition to the mandatory reports from importers, MITI also receives voluntary information fromimporting companies relating to imports for essential and feed stock uses.

The authority responsible for compiling information on ODS imports is MITI.


4.3 ODS import from and export to non-party countriesImport from and export to non-parties is banned (Trade Law, arts. 48 and 52).


The import of products containing ODS from Non-Party countries is prohibited (Trade Law, art. 52).There are no restrictions on import from other countries.

6 Controls on the Use of ODS (Other than Methyl Bromide) “End-Use Controls”

There are no bans on the use of ODS for certain applications and there are no other regulationsapplying to end-use. However, the guideline on Reduction and Limitation of Emission andRationalisation aims to limit the use of ODS in all sectors.

7 Controls on the Service and Installation of Refrigeration andAir-Conditioning Equipment

There are no requirements on certification of service technicians. However, the guidelines “CFCRecovery Promotion Programme, April 1997” promotes the recovery of refrigerants.

61

Japan

The Japanese government has established co-operation with a trade association called the JapanIndustrial Conference for Ozone Layer Protection (JICOP).

Contact point:JICOPHongo-Wakai Building, 2-40-17HongoBunkyo-kuTokyo 113 0033JAPAN

8 Controls on Methyl BromideThe Agricultural Chemicals Law applies to all pesticides and establishes a registration system forpesticides. It controls the sale and use of methyl bromide.

Production of methyl bromide is controlled under the Ozone Law which requires a permit from MITI(Ozone Law, Art. 4, 12, 13). Methyl bromide producers must report on their activities to MITI justlike other producers of ODS (Ozone Law 25).

Import of methyl bromide is controlled under the Trade Law, which also requires a permit from MITI(Trade Law, Art. 52). Methyl bromide importers must report on their activities to MITI just like otherimporters of ODS (Trade Law, art. 55(8)).

The authority responsible for implementing methyl bromide strategies is the Ministry of AgricultureForestry and Fisheries.

Contact person:Noburo Saito, DirectorPlant Protection DivisionAgricultural Production BureauTel: (81-3) 3501 3964Fax: (81-3) 3591 6640

MITI and the EA are also involved in implementing methyl bromide strategies.

Contact person at MITI:Haruhiko Kono, see section 2.

Contact person at EAToshihiko Kasai, see section 2.

9 Voluntary AgreementsThe government of Japan entered into agreement with industry in 1994 regarding the establishing ofa halon bank. There is also a CFC Recovery Voluntary Plan from 1997. The agreements are non-binding.

The Fire and Disaster Management Agency is responsible for supervising the implementation of theagreement regarding the halon bank.

Contact person:Morio Sakamoto, DirectorFire Prevention DivisionTel: (81-3) 5574 0123Fax: (81-3) 5574 0133

MITI is responsible for supervising the implementation of the CFC Recovery Voluntary Plan.


10 Economic Incentives and DisincentivesEconomic incentives in the form of tax reductions and favourable loans are meant to encouragealternatives to ODS in cleaning, refrigeration and air-conditioning equipment. Favourable loans arealso available for the purchase of recovery equipment.

The government authorities in charge are MITI and the EA.

Contact person at MITI:Haruhiko Kono, see section 2.

Contact person at EA:Toshihiko Kasai, see section 2.

62


11 Labelling RequirementsThe Guideline on Management of the Halon Bank encourages labelling of products that do notcontain ODS.

Contact person involved in the implementation of the guideline:Morio Sakamoto, see section 9.

12 Criteria for Selection of AlternativesThere are criteria for the selection of alternatives to halon stated in the Notice Concerning GasExtinguishing Equipment. Before installing an alternative gas in extinguishing equipment it must besubject to an evaluation by experts in accordance with following points:

⟨ performance;⟨ toxicity;⟨ way of installation;⟨ way of discharging the gas;⟨ maintenance; and⟨ security, etc.

Contact person:Morio Sakamoto, see section 9.

63

Jordan


1 StatusJordan ratified the Montreal Protocol on 31 May 1989, the London Amendment on 12 November1993, the Copenhagen Amendment on 30 June 1995 and the Montreal Amendment on 3 February1999. Jordan operates under Article 5 of the Montreal Protocol.

2 ODS Focal PointThe General Corporation for the Protection of the Environment (GCEP) has the main responsibilityfor implementing ODS phase-out strategies.

Main contact person:Ghazi Faleh Odat, HeadProject Implementation Unit (PIU)GCEPP.O. Box 1408Amman, JordanTel: (962-6) 533 1042Fax: (962-6) 533 5936

3 Regulations and GuidelinesThe following regulations are used to control ODS:

1 Ministerial Order No. H/28/1814, 27 January 1994, cited here “M.O. H/28/1814”.2 Import Instructions No. (1) for the year 1995, by the Minister of Industry & Trade, cited here

“Imp. Instr. No. (1) 1995”.

A new Environmental Law is in force since Oct. 1995 (Environment Protection Law No. 12 of 1995).Based on mandates in this law, by-laws on ODS have been issued:

1 Instructions for Monitoring and Control of Ozone Depleting Substances Issued Pursuant toArticle 8 paragraph (f) of the Environment Protection Law No 12 of 1995, cited here as “ODSInstr”.

The ODS Instr. establishes an Ozone Unit in the GCEP and also a National Ozone Committee includingthe Director General of the GCEP, as well as representatives from various Ministries, NGOs, theRoyal Scientific Society and the Head of the Ozone Office. The ODS Instr. also contains rules onimport and use of ODS. The role of the Ozone Unit is inter alia to gather data and disseminateinformation. The role of the National Committee includes approving procedures related to theimplementation of the Montreal Protocol.

4 Controls on ODS in Bulk (other than methyl bromide)4.1 Production, import export and sale of ODS in bulkPermits are required for import of all chemical substances, including ODS (Imp. Instr. No. (1) 1995).

The permit approvals are issued in relation to the amount imported earlier by the same importer.Permits are combined with a condition that the substances may only be used locally and not exported.Permits are freely transferable to other enterprises.

Requests for permits for ODS are received by the Ministry of Trade & Industry and approved by theGCEP/Ozone Office (ODS Instr., Art 9).

Contact person: Ghazi Faleh Odat (see Section 2)

Export and re-export of ODS is prohibited unless the export has been consented to by the GCEP andthe countries concerned through coordination by the Ozone Secretariat.

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The ODS Instr. provides that the GCEP shall cooperate with the Civil Defence Directorate whenissuing import permits for halon (ODS Instr., Art 8).

The GCEP in cooperation with customs shall not clear ODS through customs unless they are labelled,clearly indicating the scientific and commercial name of the substance and with the text “OzoneDepleting Substance” (ODS Instr., Art. 18), see section 11 below

4.2 Monitoring import of ODSMonitoring ODS import is based on information required in connection with the approval of importpermits and mandatory reporting from all importers (see Imp. Instr. No (1)1995, sect. A), regularsurveys by consultants, customs statistics and field visits to enterprises. Customs codes have beenadjusted to facilitate monitoring of ODS imports. Information on ODS import is compiled by theGCEP.

Contact person: Ghazi Faleh Odat (see Section 2).

4.3 ODS import from and export to Non-Party CountriesODS import from and export to a Non-Party country is prohibited.

5 Controls on Import and Sale of Products Containing, Madewith or using ODS

5.1 General regulationsAll bodies that have received support from the Multilateral Fund are prohibited from importing anyequipment that contains ODS (ODS Instr., Art 14(2)).

The GCEP is the competent authority for approval of import licences for refrigeration and air-conditioning equipment that contain ODS, spare parts for factories using ODS and spare parts forrefrigeration and air-conditioning equipment (ODS Instr., Art. 9)

It is prohibited to export or re-export any ODS containing equipment unless a consent has beenreceived from the GCEP and the countries concerned (ODS Instr., Art. 16).

The GCEP in co-operation with customs shall not clear equipment containing ODS through customsunless it is labelled clearly indicating the scientific and commercial name of the substance and withthe text “Ozone Depleting Substance” (ODS Instr., Art. 18).

5.2 Import from Non-Party CountriesImport from Non-Party countries of products, which are specified in Annex D of the Montreal Protocol,are not approved.


GCEP shall, in co-operation with concerned bodies, prevent the licensing of new activities, and shallnot allow the expansion of existing activities, that use ODS (ODS Instr., Art. 7). Licensing of newindustries using ODS and the expansion of existing industries is prohibited by Ministerial Order (M.O.H/28/1814). All companies that have benefited from the Multilateral Fund must destroy all theirobsolete ODS using equipment (ODS Instr. Art. 15).

In co-operation with the Civil Defence Directorate the GCEP shall train all bodies that import, handle,fill and use halon in the good practices for engaging in these activities (ODS Instr., Art. 8).

The GCEP shall also make companies, factories and institutions that use ODS aware of phase outschedules mentioned in Annex 3 to the ODS Instr., the final dates for use of ODS, the final dates tobenefit from grants available from the Multilateral Fund, and of import and export procedures applyingto ODS and equipment containing ODS (ODS Instr., Art. 13).

Bodies using ODS are prohibited from venting ODS into the atmosphere and have a duty to store andrecycle them in accordance with provisions to be set out by the GCEP (ODS Instr., Art. 17).

The GCEP, in co-operation with the agencies responsible for waste, shall prevent the disposal ofequipment containing ODS at any disposal site unless approval from the GCEP has been obtained.Procedures for such approvals are to be determined by the National Committee (ODS Instr., Art. 19)

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Jordan


Jordan has no regulations or governmental guidelines specifically dealing with service and installationof refrigeration and air-conditioning equipment with ODS refrigerants. Note however the generalprohibition against venting ODS into the atmosphere and requirement of recycling mentioned abovein section 6.

8 Controls on Methyl BromideMethyl bromide is classified as a pesticide and controlled in accordance with the rules applicable topesticides. Permits are required for import of methyl bromide like for all other chemicals under theImp. Instr. No (1) 1995. In addition the Pesticide Import Regulations control the import of methylbromide.

The ODS Instr. (Art. 9(1)) exempts methyl bromide from the ODS that the GCEP may issue importlicences for. However the GCEP may, together with the Ministry of Agriculture follow up theimplementation of ODS phase-out strategies, provide guidance to farmers using methyl bromide andmonitor the import of methyl bromide (ODS Instr., Art. 10).

The overall responsibility for strategies to limit use and emissions of methyl bromide with regard toits effects on the ozone layer rests with the GCEP.

Contact person: Ghazi Faleh Odat (see Section 2).

9 Voluntary AgreementsOzone Project Trust Fund Grant Agreements are established for the aerosol and foam sectors,specifying percentage reductions, final phase-out dates and other actions, within the framework ofthe support from the Multilateral Fund. These agreements are supervised by the GCEP.

10 Economic Incentives and DisincentivesEquipment imported under Multilateral Fund Grants is exempted from duties. The GCEP is in chargeof the implementation of these exemptions, in co-operation with the customs authorities.

Contact points:GCEP Department of CustomsGhazi Faleh Odat (see Section 2) Moh’d Abu Haimor

Tel: (962-6) 623 186.

In addition the ODS Instr. (Art. 20) gives the Minister of Municipal, Rural Affairs and the Environmentthe mandate to cancel or reduce taxes and customs duties on ozone friendly substances and toincrease taxes and duties on ODS after a recommendation by the Director general of the GCEP/headof the National Committee.

11 Labelling RequirementsAll manufacturers of products that contain ODS shall fix labels on their products clearly indicatingthe scientific and commercial name of the substance and containing the text “Ozone DepletingSubstance” (ODS Instr., Art. 12)

Products that do not contain ODS shal be labelled with the text “Ozone Friendly Substance” (ODSInstr., Art. 13).

12 Criteria for Selection of AlternativesJordan has not established governmental guidelines for the selection of acceptable alternatives toODS. However, in practice the alternatives approved by the Scientific Panel are adopted.

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Kiribati


1 StatusKiribati ratified the Montreal Protocol on January 7, 1993. It is an Article 5 country.

2 ODS Focal PointThe authority responsible for implementing ODS phase out strategies is the Ministry of Environmentand Social Development, Environment and Conservation Division (MESD).

Contact person:Baranika Etuati, Acting DirectorEnvironment and Conservation DivisionPO Box 234TarawaKiribatiTel: (686) 28593Fax: (686) 28334E-mail: [email protected]

3 Regulations and GuidelinesKiribati has no regulations or guidelines to control ODS consumption

4 Control of ODS in Bulk (Other than Methyl Bromide)MESD collects information on ODS import through voluntary reports from importing companies. Theauthority responsible for collecting information on ODS import is the MESD.

Contact person:Michael PhillipsEIA Trainer(see section 2)

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Malaysia


1 StatusMalaysia ratified the Montreal Protocol on August 29, 1989, the London Amendment on June 16 1993and the Copenhagen Amendment on August 5, 1993. It is an Article 5 country.

2 ODS Focal PointThe Department of Environment, DOE (Jabatan Alam Sekitar, JAS) in the Ministry of Science,Technology and Environment has the main responsibility for implementing ODS phase out strategies.

Main contact person:Mr. Lee Choong Min, Principal Assistant DirectorOffice for Project Management Under the Montreal Protocol, PMO(Pejabat Pengurusan Projek Protokol Montreal)Jabatan Alam Sekitar, JAS12th Floor, Wisma Sime DarbyJalan Raja Laut50662 Kuala Lumpur, MalaysiaTel: (60-3) 294 7844; 296 4468 (dir.)Fax: (60-3) 293 1480; 293 7655E-mail: lcm@jas:sains.myInternet: http://www.jas.sains.my

3 Regulations and Guidelines3.1 RegulationsThe following regulations are used to control ODS:

1 Custom Duties (Amendment)(No.35) Order, 1989 {Perintah Duti Kastam (Pindaan)(No.35)(1989)}, entering into force on December 14, 1989; official short name and numberAct 235, P.U. (A) 414, Cited here as Act 235, Amend. 35.This Order was revised on November 17, 1994 by Customs Duty Order (Amendment)(No.11) 1994 (Perintah Duti Kastam (Pindaan)(No. 11) 1994). Cited here as Act 235, Amend. 11.

2 Environmental Quality (Prohibition on the Use of CFC and Other Gases as Propellants andBlowing Agents) Order 1993 (Perintah Kualiti Alam Sekeliling (Larangan Ke Atas PenggunaanKlorofluorokarbon Dan Lain-Lain Gas Sebagai Propelan Dan Agen Pengembang)(1993)),December 31, 1993, official number P.U./A/434. Cited here as P.U./A/434.

3 Custom Duties (Prohibition of Import) (Amendment) (No. 4) (1994) (Second Schedule)(Perintah Duti Kastam (Larangan Mengenai import) (Pindaan) (No.4) (1994) (Jadual Kedua)),entered into force on April 7, 1994. Cited here as Act 235, Amend. 4.

4 Environmental Quality (Refrigeration Management) Regulation, 1999 (entered into force onJanuary, 1 2000). Cited here as Refrigeration EQR.

5 Environmental Quality (Halon Management) Regulation, 1999 (entered into force January 1,2000). Cited here as Halon Management EQR.

3.2 GuidelinesIn addition, the following guidelines are used to control ODS:

1 Administrative Order, 1990 (Fire Service Department, FSD) (Arahan Pentadbiran, 1990),June 1 1990.

2 Administrative Guideline, 1992, December, 19923 Guidelines on Control Measures for the Protection of the Ozone Layer, DOE, April 1994.4 ODS Solvents, DOE, April 1994.5 Significant New Alternates List (SNAL), DOE, June 1994.

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6 Guidelines for Project Preparation under the Multilateral Fund, DOE, July 1994.7 Reduction and Recovery of CFC in Mobile Air-Conditioning. A Guidebook for Mechanics, June

1994.8 Guidelines for Pre-qualifying and Selection Criteria for Acceptable Alternatives of ODS in

Malaysia, DOE, January1995.9 Non-ODS Technology in Malaysia: A Guidebook, 1997.

The regulations, administrative orders and guidelines are based on mandates in the EnvironmentalQuality Act, 1974 (Akta Kualiti Alam Sekeliling 1974, AKAS, 1974), the Custom Act 1967, and theFire Act, 1988. All acts must be passed and endorsed by the Cabinet or the Parliament. Regulations,such as P.U.(A) 434 and Act 235, can be endorsed by the Minister designated under a specific Act.

Administrative orders and guidelines are not legally binding but are intended to discourage any useof ODS that would be contradictory to the phase out targets stated in Malaysia’s Country Programme.

Sanctions against non-compliance include fines, jail, withdrawal of permits to operate and withdrawalof privileges. Applicable rules can be found in the Environmental Quality Act, 1974, and the CustomDuty Act, 1967.

4 Controls on ODS in Bulk (other than methyl bromide)4.1 Production, import, sale and export of ODS in bulkImport permits are required for the import of CFCs, halons, carbon tetrachloride and 1,1,1-trichloroethane, under the Approved Permit (AP) system (Act 235, Amend. 4 and 11).

Applications for import permits are handled and approved by the Ministry of International Trade andIndustry, MITI (Kementerian Perdagangan Antarabangsa Dan Industri). An Advisory Committee ofApplications for Permits to Import ODS was established under MITI.

Contact person:Dr. K.J. John, Director of Industrial PolicyIndustrial PolicyMinistry of International Trade and IndustryTel: (60-3) 651 0033Fax: (60-3) 651 2302.

All importers must register with MITI. The import quota is reduced annually by 10 to 15 per centuntil phased out completely in 2010. Importers cannot transfer their permits to other companies.

All suppliers, wholesalers and other distributors selling ODS must keep written records of sales(Guidelines on Control Measures for the Protection of the Ozone Layer).

Malaysia’s AP system does not cover export. However, under the Halon Management EQR a permitfrom the Director General is required to export recycled halon from the country. Permits will only beissued if the Director General is convinced that the halon is intended for destruction or reclamationunder a process that is not available in Malaysia, and that afterwards the halon or other resultingproduct will be brought back into Malaysia (Halon Management EQR, section 16). The RefrigerantManagement EQR prohibits the export of CFC-11, 12, 113, 114 and 115 unless export occurs underapproval from the Director General, who may only approve the export under the same conditions asmentioned above in relation to recycled halon (Refrigerant Management EQR, sect. 7)

4.2 Monitoring import of ODSODS import is monitored through information obtained in connection with the approval of importpermits, through information from customs and the Statistic Department and through voluntaryinformation from trade associations and importing companies.

Since 1999 importers and distributors have been required to submit an Importer Declaration Formannually to MITI to monitor the phase out of ODS. On the form they must submit what quantitiesand types of ODS they have imported during the year and from what country. Importers must statewhat sector they belong to and what distributor or end-user they have sold the substances to.Distributors must also specify their sector and name their end-users.

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Malaysia

Customs procedures have been adopted to facilitate the monitoring of ODS import, by introducingspecial declarations and by adjusting customs codes (Act 235, Amend. 35 and 11). Act 235 Amend.11 covers HCFCs, HBFCs and methyl bromide (“Annex C and E substances”), as well as CFCs,halons, carbon tetrachloride and 1,1,1-trichloroethane (“Annex A and B substances”).

The Department of Statistic, Malaysia (Jabatan Perangkaan, Malaysia) compiles information on ODSimport, based on information from customs declaration forms.

Contact person:Mr. Abdul Rahman Muhammad, Statistic OfficerTrade Affairs, Department of StatisticTel: (60-3) 294 4264Fax: (60-3) 293 7471

The Department of Environment receives and checks data from the Department of Statistics, Customsdeclaration forms, information from the AP system and supplementary data from users and importers.

4.3 ODS import from non-party countriesUnder the AP system, no import from non-party countries is approved.


There are no regulations banning import or sale of any products containing, made with or requiringODS for use. No special permits are required for import or sale of such products.


6.1 Regulations

6.1.1 CFCsThe use of CFC 11, 12, 13, 111-115 and 211-217 (Annex A and B substances) is prohibited in:

Aerosols as a propellant in:medical drugs January 1, 1999 P.U./A/434, Art. 3 p. 2other aerosols June 1, 1994 P.U./A/434, Art. 2 p. 1a

Foam Blowing agent in:extruded polystyrene foam July 1, 1995 P.U./A/434, Art. 5 p. 2 a Ithermoformed plastic packaging July 1, 1995 P.U./A/434, Art. 5 p. 2 a iimoulded flexible polyurethane foam July 1, 1995 P.U./A/434, Art. 5 p. 2 a iiirigid polyurethane foam January 1, 1999 P.U./A/434, Art. 5 p. 2 bother June 1, 1994 P.U./A/434, Art. 5 p. 1

Refrigerants:new installations of chillers and January 1, 2000 Refrigeration EQR s. 4refrigeration systems

6.1.2 HalonsFrom June 1 1990, new installations of halon systems have been prohibited unless written consent isobtained from the Fire Service Department (FSD Administrative Order, 1990).

P.U./A/434, Art. 5 p. 1 b prohibits the use of halon 1211, 1301 and 2402 in portable aerosol fireextinguishers, June 1 1994.

The Halon Management EQR prohibits the use of new portable halon fire extinguishers and theinstallation of new halon fire extinguishing systems (Halon Management EQR sect. 4 and 7). An oldportable extinguisher may not be refilled (Halon Management EQR sect. 6). The Director General ofEnvironmental Quality may grant a licence of exemption from these rules if the use or installation

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meets the essential use criteria stated in schedule 2 to the regulation (Halon Management EQRsect. 9). Essential uses are defined by the regulation (schedule 2) as:

⟨ Where there is danger to human life either in an installation where human occupancy iscritical and evacuation is not possible or where the continued operation of the installation iscritical to protect human life and acceptable alternative means of fire protection are unavailable.

⟨ In an installation critical to the community where the loss of equipment or services may havefar-reaching consequences and acceptable alternative means for fire protection is unavailable.

⟨ When, in the opinion of the Director General, the denial of use is not reasonably practicableor would be contrary to the spirit of the act.

An owner of halon should inform the Director General of any halon in his or her possession (HalonManagement EQR, sect. 5). Testing of fire equipment containing halon may only take place with theapproval of the Director General, who may impose conditions on the approval (Halon ManagementEQR section 8). Discharges from existing fire protection systems containing halon are prohibitedexcept for the purpose of extinguishing a fire (Halon Management EQR sect. 12). After a dischargefrom a fixed system the occupier of the premises in which the equipment is installed must inform theDirector General of the discharge (Halon Management EQR sect. 13).

When servicing any fire extinguishing equipment it is the responsibility of the owner or the personwho is otherwise in control of the equipment to ensure that any halon that would otherwise beemitted from the equipment is reclaimed (Halon Management EQR, sect. 15).

6.1.3 Carbon tetrachloride and 1,1,1-trichloroethaneThe prohibition in P.U./A/434 on use in aerosols and as foam blowing agents (see Sect. 6.1.1)applies also to carbon tetrachloride and 1,1,1-trichloroethane (P.U./A/434, Art. 2, 3, 5 and theschedule).

6.1.4 HCFCs and HBFCsThere are no regulations banning the use of HCFCs and HBFCs.

6.1.5 ExemptionsExemptions from the prohibitions on use of ODS in aerosols and as foam blowing agents can begranted if the use is essential for the protection of human health or safety and no alternatives areavailable. Such cases are handled by DOE. Contact person, see Sect. 2.

The DOE handles exemptions for the use of halons in co-operation with the Fire Rescue Department(Jabatan Perkhdimatan Bomba, Malaysia).

Contact person:Mr. Wan Mohd Nor Ibrahim, Principal Assistant DirectorFire Rescue Department,Tel: (60-3) 8888 0036Fax: (60-3) 8888 0019

6.2 Governmental GuidelinesThe use of ODS is also governed by the following governmental guidelines (for full name, see Sect.3):

⟨ The MIDA Administrative Guideline, encourages the use of CFC free technology and discouragesany use of CFCs in new manufacturing.

⟨ The DOE Guidelines on Control Measures for the Protection of the Ozone Layer, require thatcertain codes of practice should be followed and that persons purchasing ODS for specifiedactivities within the dry cleaning, refrigeration/air-conditioning and fire protection sectorsshould t be registered, etc.

⟨ The DOE Guidelines on ODS Solvents, provides recommendations to solvent users on actionsneeded to reduce and eliminate the use of CFC 113, 1,1,1-trichloroethane and carbontetrachloride.

⟨ The DOE Guidebook for Mechanics; Reduction and Recovery of CFC in MAC, promotes recoveryand reduction of the use of CFC 12 in mobile air-conditioning (MACs).

⟨ Non-ODS Technology in Malaysia: A Guidebook, 1997.

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Malaysia


The controls on service and installation of refrigeration and air-conditioning equipment using ODSrefrigerants are primarily governed by the DOE Guidelines on Control Measures for the Protection ofthe Ozone Layer. CFCs from air-conditioning and refrigeration units should be recovered and recycled,securely stored or returned to the distributor in connection with service, maintenance anddecommissioning. Codes of practice should be followed for design and service. There are norequirements on special qualifications and equipment needed to service or install refrigeration andair-conditioning equipment in the Guidelines, but anybody purchasing ODS for service, maintenanceand installations of refrigeration/air-conditioning units should be registered.

The Refrigerant Management EQR requires that service technicians working with equipment containingCFC 11, 12 113, 114 or 115 as a refrigerant must have gone through approved training for the taskand have access to approved recovery and recycling equipment (Refrigerant Management EQR,section 5). The regulation mandates the Director General to keep a register of approved recoveryand recycling courses and approved equipment. Nobody may vent an ODS refrigerant into theatmosphere except with an approval from the Director General (Refrigerant Management EQR,sect. 6).

Air-conditioning manufacturers have a responsibility to conducting retrofitting training for anybodyinvolved in retrofitting (Refrigerant Management EQR, sect. 9). In addition, they have a duty toprovide technical expertise and assistance to retrofitting training programmes organised by thegovernment (Refrigerant Management EQR, sect. 10).

A national code of practice for mobile air-conditioning operators is under preparation.

DOE handles the implementation of the guidelines and the Refrigerant Management EQR.

The DOE has an established co-operation with the following trade association aimed at promotingthe reduction of use and emissions of ODS refrigerants:

ASHRAE (M) ChapterTel: (60-3) 7474 661Fax: (60-3) 7474 460

ASHRAE (M) Chapter will be engaged in the implementation of a new Refrigeration Code of GoodPractice to reduce emissions and use of ODS refrigerants, with particular regard to the building ofair-conditioners.

8 Controls on Methyl BromideMethyl bromide is classified as a pesticide and governed by the regulations generally applicable topesticides (i.e. the Pesticides Act, 1979 No149 and the Hydrogen Cyanide Act, 1953 No 260, revisedin 1981).

The Pesticides Act restricts the import of methyl bromide by means of a licencing system. However,the amount of methyl bromide imported is not controlled under the AP system for ODS importcontrol. All importers of methyl bromide must register with the Pesticide Board (required under thePoison Act, since 1967). Vendors of methyl bromides must also be registered under the PesticidesAct.

Under Act 235 Amend. No. 11, methyl bromide is assigned a separate customs code to facilitate themonitoring of methyl bromide import.

The Hydrogen Cyanide Act requires methyl bromide to be handled by licenced fumigators.

The overall responsibility for strategies to limit use and emissions of methyl bromide with regard toits effects on the ozone layer rests with the Department of Agriculture, which also monitors theimplementation of the methyl bromide phase out programme.

Contact person:Mr. Mokhtarud-din bin Hussain, Agriculture OfficerQuarantine DivisionDepartment of AgricultureTel: (60-3) 298 3077Fax: (60-3) 298 3646

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9 Voluntary AgreementsThere are no formal voluntary agreements with industry on actions to phase out ODS.

However, seven sector specific working groups under an ODS Working Groups Committee wereformed by the Government in 1990 to formulate strategies to reduce and eliminate the use of ODS.As a result, the Country Programme and strategies to phase out ODS were developed in co-operationwith industry represented in the industrial working groups.

The DOE has also established co-operation with the following trade associations, in addition to theone mentioned under Section 7:

Federal Malaysian Manufacturers (FMM)Wisma FMM, No 3Persiaran DagangPJU 9 Bandar Sri Damansara52200 Kuala LumpurTel: (60-3) 6361 211Fax: (60-3) 6341 266 / 6347 288

Malaysia International Chambers of Commerce and Industry (MICCI)Tel: (60-3) 254 2677Fax: (60-3) 256 1929

10 Economic Incentives and DisincentivesMalaysia has introduced duty exemptions for the recovery and recycling of machines and the importof HFC 134a and tax reductions for the manufacture and imports of environmental protectiveequipment, to encourage the use of alternatives to ODS. The incentives are enacted under theCustoms Act, 1967, with the Ministry of Finance as the responsible government authority.

Contact person:Ms. Komalan KesawanFinance DivisionMinistry of Finance (Kementerian Kewangan Malaysia)Tel: (60-3) 2582 535Fax: (60-3) 2535 707

The Malaysian Industry Development Authority (MIDA) is also involved in the implementation of taxreductions.

Contact person:Ms. Chew Kim YoomTel: (60-3) 255 3633Fax: (60-3) 255 7970

There are no economic disincentives enacted to discourage use of ODS.

11 Labelling RequirementsIn March 1996 Malaysia introduced a “Certification and Labelling Scheme for ODS”, encouraging thelabelling of products or equipment which contain or are made with ODS or require ODS for their use.The DOE Guidelines on Control Measures for the Protection of the Ozone Layer also states that allvessels and containers containing ODS (including HCFCs, HBFCs and methyl bromide) should belabelled with the name of the substance contained in the vessel or container.

Contact person:Mr. Abdul Aziz Long, ManagerEnvironmental Management System - Certification UnitStandard and Industrial Research Institute of Malaysia (SIRIM)Persiaran Dato’ KenteriP.O. Box 703540911 S. Alam, MalaysiaTel: (60-3) 5567 928Fax: (60-3) 5567 932E-mail: [email protected]; Internet: http://www.sirim.my

Malaysia has no requirements for mandatory verification of products which are labelled as notcontaining or made without ODS.

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Malaysia

12 Criteria for Selection of AlternativesMalaysia has established governmental guidelines for the selection of acceptable alternatives toODS. The general criteria are spelled out in the Significant New Alternates List (SNAL), see Section3. Only suppliers and distributors need official endorsement. A SNAL sub-committee was set upunder the National Steering Committee on the Protection of the Ozone Layer. The criteria andprocedure for endorsement is specified in the Guidelines for Pre-qualifying and Selection Criteria forAcceptable Alternatives of ODS in Malaysia.

Applications for endorsement are handled by DOE (contact person, see Sect. 2) or, in the case of fireprotection agents, by the Fire Service Department.

The DOE Guidelines for Project Preparation under the Multilateral Fund also contains criteria for theselection of ODS alternatives, applicable for projects where funding from the Multilateral Fund of theMontreal Protocol is requested.

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Maldives

Note: This country section has not been updated since the last version of theGuidebook

(Information provided in July 1996)8

1 StatusThe Republic of Maldives ratified the Montreal Protocol on May 16, 1989 and the London Amendmenton July 31, 1991, but has not yet ratified the Copenhagen Amendment. It is an Article 5 country.

2 ODS Focal PointThe Ministry of Planning, Human Resources and Environment (MPHRE) has the main responsibilityfor implementing ODS phase out strategies.

Main contact person:Mohamed Khaleel, Deputy DirectorEnvironmental AffairsMinistry of Planning, Human Resources and EnvironmentGhazee Building, Ameeru Ahmed MaguMalé, MaldivesTel: (960) 313039Fax: (960) 327351

3 Regulations and GuidelinesThe Republic of Maldives has no regulations on the control of ODS and no drafts in an advancedstage of preparation.

4 Monitoring Import of ODSMonitoring ODS import is based on customs statistics. No adjustments have been made to customsprocedures or customs codes. The information is compiled by the Ministry of Planning, HumanResources and Environment. Contact person: Mohamed Khaleel, see section 2.


The Ministry of Planning, Human Resources and Environment has established co-operation with thefollowing ministries and associations in order to promote the reduction of use and emissions of ODSrefrigerants:

Ministry of Trade and IndustriesGhazee Building, Ameeru Ahmed MaguMalé

Maldives Association of Tourism Industry (MATI)H. Deen’s VillaMalé

Maldives Traders Association (MTA)S.T.A. Trade Centre04-05, Orchid MaguMalé

Vocational Training Centre (VTC)Kalhuthukkalaa MaguMalé

8 The Maldives did not submit any new information for the update of this Guidebook.

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Mongolia

(Information provided in February 2000)9

1 StatusMongolia ratified the Montreal Protocol, the London Amendment and the Copenhagen Amendmenton March 7, 1996.

2 ODS Focal PointThe authority responsible for implementing ODS phase out strategies in Mongolia is the NationalOzone Authority of the Ministry of Nature and the Environment (NOA MNE).

Contact person:Dr. Ts. Adyasuren, Director and Project Co-ordinatorNational Ozone AuthorityBaga Toiruu 44Government Building 3Ministry for Nature and EnvironmentUlaanbaatorMONGOLIATel: (976-1) 312 458Fax: (976-1) 312 320Email: [email protected]

3 Regulations and Guidelines3.1 Regulations

1 The Mongolian Law on Environmental Protection, March 30, 1995. Cited here as EPL.2 The Mongolian Law on Protection from Toxic Chemicals, April 14, 1995. Cited here as LPFTC.

Some small amendments to the LPFTC and respective guidelines are under preparation.3 Procedure on permission for ODS Import, Sale and Use, June 23, 1999. Official number 104.

Cited here as Regulation 104.

The EPL and LPFTC are primary legislation enacted by parliament while regulation 104 is subordinatelegislation enacted by the Cabinet.

3.2 GuidelinesNational Ozone Layer Protection Programme, August 25, 1999. Official number 129. Cited here asNOPP.

4 Controls on ODS in Bulk (other than methyl bromide)4.1 Controls on the production, import, export and sale of ODS in bulkImport of CFCs, halon, carbon tetrachloride, 1,1,1-trichloroethane and HBFCs requires a permit(Regulation 104). Permits are allocated under individual quotas which are based on ODS importduring previous years and fit within the maximum limit determined for the country. Permits are nottransferable and may be combined with conditions.

The authorities responsible for import permits are the Co-ordinating Board for the Use of ToxicChemicals and NOA MNE.

Contact person:G. DembereldorjOfficerNOA MNETel: (976-1) 312 458Fax: (976-1) 312 320

9 The SEI has not had access to translations of the Regulations of Mongolia. The information is therefore solelybased on the information submitted by Mongolia in the questionnaire.

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4.2 Monitoring import of ODSA condition on the import permit requires importers to report the quantities they intend to import tothe NOA MNE. The NOA MNE notifies customs of what amounts of ODS and ODS containing productsit has authorised to be imported and to whom it has given permission. In addition the NOA MNE usesregular surveys by consultants to collect information on ODS imports.

Customs report customs statistics to the NOA MNE. Customs codes have been modified to facilitatethe classification of ODS in customs.

The authority responsible for compiling information on ODS import is the NOA MNE.

Contact person:G. Dembereldorj , see section 4.1.

4.3 ODS import from and export to Non-Party countriesIt is prohibited to import ODS from or export it to a Non-Party country.


5.1 Generally applicable rulesRefrigerators and freezers containing ODS may only be imported under a permit (Regulation 104).

The government authorities responsible for permits and for determining allowable quantities of ODScontaining products that may be imported are the Co-ordinating Board for Use of Toxic Chemicalsand the NOA MNE.

Contact person:G Dembereldorj , see section 4.1.

5.2 Import from Non-Party CountriesImport of products made with or containing ODS from Non-Parties is prohibited (Regulation 104).


There are no regulations banning the use of ODS for certain applications or otherwise dealing withend-use controls in Mongolia. However, the NOPP is aimed at reducing the use of CFCs and HCFCs.The NOPP also plans the commencement of special ODS courses in for example refrigerationtechnology.

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Myanmar


1 StatusMyanmar ratified the Montreal Protocol and the London Amendment on November 24, 1993 but hasnot yet ratified the Copenhagen Amendment. It is an Article 5 country.

2 ODS Focal PointThe National Commission for Environmental Affairs, NCEA (Part won kyin htein ye ah myo tharcommission) has the main responsibility for implementing ODS phase out strategies.

Main contact person:Ms. Daw Yin Yin Lay, DirectorPart won kyin htein ye ah myo thar commission, NCEAMinistry of Foreign Affairs ComplexPyay RoadDagon P.O., Yangon,MyanmarTel: (95-1) 221594Fax: (95-1) 221546

3 Regulations and GuidelinesMyanmar has no regulations for the control of ODS and no draft regulations in an advanced stage ofpreparation.

However, a National Environmental Law is presently in its final stages of approval. The CountryProgramme to phase out ozone depleting substances in accordance with the provisions in the MontrealProtocol will be implemented after adoption of this regulation.

4 Monitoring Import of ODSMonitoring ODS import is based on customs statistics and information from relevant ministries andthe private sector. No changes are made to the customs procedure or customs codes. The informationis compiled by the NCEA.

Contact person:Ms. Daw Yin Yin Lay, see section 2.

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Philippines


1 StatusThe Philippines ratified the Montreal Protocol on July 17, 1991 and the London Amendment onAugust 9, 1993. It is an Article 5 country.

2 ODS Focal PointThe Environment Management Bureau (EMB), Philippine Ozone Desk (POD) within the Departmentof Environment and Natural Resources (DENR) has the main responsibility for implementing ODSphase out strategies.

Main contact persons:Peter Anthony A. Abaya, Director Agnes L. Goze, Project ManagerEnvironment Management Bureau Philippine Ozone DeskCo-ordinator, Philippine Ozone Desk Human Resources Development Bldg.,EMB Bldg., DENR Compound, DENR Compound, Visayas Ave., Diliman, Quezon CityVisayas Ave., Diliman, Quezon City Fax: (63-2) 925-2344/928-1244Tel: (63-2) 927-1517 E-mail: [email protected]

Elvira S. Pausing, Senior Environmental Management SpecialistEMBDesk Officer, Philippine Ozone DeskHuman Resources Development Bldg.,DENR Compound, Visayas Ave., Diliman, Quezon CityFax: (63-2) 925-2344/928-1244E-mail: [email protected]

3 Regulations and GuidelinesThe control of ODS is based on the:

⟨ Toxic Chemicals, Hazardous Wastes and Nuclear Waste Act, 1990 (Republic Act 6969), July23, 1990, official number and abbreviation. Cited here as: R.A. 6969;

⟨ DENR Department Administrative Order No 29 “Implementing Rules of Republic Act 6969”,June, 1992, official number and abbreviation here: DAO 29.

⟨ DENR Administrative Order No. 58, 1998, Priority Chemical List. Official number andabbreviation here: DAO 58.

⟨ Notice to the Public, December 1, 1998.⟨ DENR Administrative Order No. 18: Chemical Central Order for ODS, February 23 2000,

official number cited here as “CCO”.

The R.A. 6969 gives DENR the power to monitor and regulate all chemical substances and mixtures,which represent an unreasonable risk to health or the environment. Section 19 of DAO 29 requestsDENR to set up a Priority Chemicals List. DENR can issue a Chemical Control Order (CCO) toprohibit, limit or place conditions on the use, manufacture, import, export, transport, process, storageand possession for sale of any priority chemical or any new chemical which, in the opinion of DENR,poses an unreasonable risk to health or the environment (DAO 29, Sec. 20).

Sanctions against non-compliance include fines and jail. Applicable rules are found in DAO 29.

An updated Country Programme on the phase out of ODS was approved by the Government onDecember 7 1999.

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4 Controls on ODS in Bulk (other than methyl bromide)4.1 Production, import and sale of ODS in bulkAll ODS are designated as priority chemicals to be controlled under DAO 29 section 20. This regulationgives the mandate to prohibit or limit use, manufacture, import, export, process, storage, possessionand sale of ODS or to impose conditions on these activities through a Chemical Control Order (CCO).

The phase out schedule for ODS in the Philippines as mandated by RA 6969 was expressed in thecountry programme, which aims at phasing out the use of CFC 113, carbon tetrachloride and 1,1,1-trichlorethane by 1996, CFC 11, 12, 114 and 115 and halon 1211 and 1301 in new equipment by1998 and CFC 11 and 12 for servicing by 2010. Through a notice to the public on December 1, 1998this schedule was made binding and the import of CFC for any other purpose than servicing existingequipment was prohibited starting from January 1, 1999.

A CCO was approved in February 2000. It prohibits the production of CFCs, halon, carbon tetrachlorideand 1,1,1-trichloroethane and also the use of these substances in the manufacture of products (CCOsect. 3.1.1.). The CCO reiterates the import bans and final phase out dates from the Notice to thePublic (CCO, sect. 3.2.1.) and adds also bans on imports of Halon 2402 by January 1, 1999 and on“other” CFCs by January 1, 2000. Import of any mixtures or blends containing any of the abovesubstances was prohibited as of January 1, 2000 (CCO, sect. 3.2.1.). After January 1 2011 all importof the above substances will be prohibited. The DENR-EMB maintains the right to speed up thephase out if it is deemed necessary (CCO, sect. 3.2.6). Violations of the CCO, DAOs or RA 6969 mayresult in the cancellation of the registration certificate (CCO section 4.7).

Registration of importers of halon, CFC, carbon tetrachloride or 1,1,1-trichloroethane was requiredalready by DAO 58. The CCO also reiterates this obligation, stating that importers who import any ofthe substances above for the purpose of a business listed in Annex II to the CCO10 must registerwith the DENR-EMB (CCO, sect. 4.1). A certificate of registration will be granted only to applicantsthat show proof of:

⟨ an understanding and appreciation of the environmental effects of ODS and the effects ofozone depletion;

⟨ the capability to take effective measures including the necessary equipment and training forhandling ODS; and

⟨ That the person has not violated RA 6969 and its implementing rules and regulations.

An application for registration must be made on the appropriate form and contain inter alia a copy ofan Environmental Compliance Certificate issued by DENR and information on whether the applicantis an importer-distributor or an importer-end user. Registrations must be renewed annually (CCOsect. 4.2 and 4.3).

The DENR-EMB determines an individual annual import quota per substance per importer. Thebaseline is set at the level of consumption for 1996. The quota is non-cumulative and any part of itthat has not been used during the year is forfeited (CCO 3.2.5).

An importer must request clearance from DENR-EMB before a shipment leaves the port of origin.Clearances are given on a per-shipment and per chemical basis (CCO, sect. 6.4) and are combinedwith specified conditions on the handling and distribution of imported ODS, etc.. The CCO providesthat importers may only distribute the imported ODS to accredited service providers or essentialuses certified by the DENR-EMB (CCO, sect. 6.3).

There is no quota for HCFC or HBFC, however, a clearance from the DENR-EMB is required for importof these substances as well as for those under the quota system (CCO sect. 2.2 and 6). Anyimportation without clearance is considered an illegal import and will be confiscated and forfeited infavour of the government.

10 I.e. Service, operation, installation or decommissioning of dry cleaning equipment; service and installation ofmotor vehicle air-conditioning; service of commercial and industrial refrigeration and air-conditioning; service,design, installation, commissioning and decommissioning of fixed flooding fire protection; and service anddecommissioning of portable fire extinguishers.

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EMB co-operates with banks which issue Letters of Credit. A Memorandum of Agreement for AccreditedBanks (MAAB) was issued in 1993 by the Central Bank of the Philippines, stating that no letters ofcredit shall be issued for chloroflurocarbons unless an importation clearance is issued by the EMB.

Contact person:Peter Anthony A. Abaya, DirectorDENR-EMBEMB Bldg., DENR Compound,Visayas Ave., Diliman,Quezon City, PhilippinesTel: 927-1517

4.2 Monitoring import of ODSImporters allocated importation clearance must keep records of all transactions. Records must besubmitted annually to the DENR-EMB or when applying for subsequent importation clearances,whichever is earlier. Records should always be made available for inspection by an authorised person(CCO, sect. 7).

Monitoring of ODS import is based on the mandatory reporting from the importers, other informationacquired in connection with the importation clearance approval process, customs statistics, voluntaryinformation from importing companies, information from the Bureau of Food & Drugs (BFAD) - theagency which issued Importation Clearance for CFCs until 1992 - and the SGS, an agency contractedby the Philippine Bureau of Customs to control imported goods. Information available in BusinessMonitor, which publishes statistics inter alia on chemicals, is also used.

Information on ODS import is compiled by DENR-EMB.

Contact person:See section 2.

4.3 ODS import from or export to Non-Party countriesImport from non-party countries is controlled within the framework of the importation approvalprocess. There are no specific regulations on import from or export to non-party countries.


5.1 Regulations applicable to all countriesAerosols containing CFCs are banned by the Bureau of Food & Drugs (BFAD), for cosmetics and bythe Fertilizer and Pesticide Authority (FPA), for pesticides by circular from the respective agencies.

The Country Programme envisages inter alia bans on import of chillers unable to be retrofitted fromCFC 11 and 12, and bans on import of new and second hand cars with CFC 12 mobile air-conditioning.

The CCO states that the DENR should issue procedures for the import of equipment containing orusing ODS by February 2001 at the latest. Import of such products will be prohibited not later than31 December, 2010.

5.2 Import from non-party countriesThere are no special regulations banning import of products containing ODS from non-party Countries.

6 Controls on Use of ODS (other than methyl bromide) - “EndUse Controls”

Cosmetic and pesticide aerosols containing CFCs are banned by circular from BFAD and FPA, seesection 5.1.

The CCO prescribed the use of CFC, halon, carbon tetrachloride and 1,1,1-trichloroethane in themanufacture of any product as prohibited from January 1 2000, unless it has been certified as anessential use (CCO, sect. 3.1.1). In the latter case production may continue until 2010.

The CCO establishes a system of accreditation for persons servicing any of the industries listed inAppendix II of the CCO (CCO, sect. 5). The listed industries include: service, operation, installationor decommissioning of dry cleaning equipment; service, design, installation, commissioning anddecommissioning of fixed flooding fire protection; and service and decommissioning of portable fireextinguishers (for service of refrigeration systems see sect. 7 below). The exact details of theaccreditation system are still under development.

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The DENR-EMB will grant a certificate of accreditation to applicants that can prove the following:

⟨ an understanding and appreciation of ODS issues and their effects on the ozone layer;and

⟨ the capability to take effective measures including training and access to the necessaryequipment for minimising emissions.

Importers may only distribute halon and CFCs to accredited service persons (CCO, sect. 6.3). If aservice person is also an importer, the Certificate of Registration for ODS import may suffice also asa certificate of accreditation, provided that the services offered are declared on the declaration form(CCO, sect. 4.5.).

The Bureau of Product Standards (BPS) issued a Memorandum Circular on 10 June 1999 statingthat the manufacturing, refilling, importing and selling of Halon type portable fire extinguishersshould not be allowed after June 30, 1999. Halon portable fire extinguishers produced and/or madeavailable for sale after this date should be confiscated and appropriate administrative charges shouldbe filed for violations.

Contact person at BPS:Mr. Jesus L. Motoomul, DirectorBureau of Products Standards (BPS)Tel: (63-2) 890-4852

7 Controls on Service and Installation of Refrigeration and Air-Conditioning Equipment

The CCO requires accreditation for anybody engaged in servicing the activities listed in Appendix IIto the CCO (CCO, sect. 5). The listed industries include the installation of motor vehicle air-conditioningand service of commercial and industrial refrigeration and air-conditioning. The details of theaccreditation system are still under development (see above section 6). EMB has an established co-operation with four trade associations aimed at promoting the reduction of use and emissions ofODS refrigerants. They are:

⟨ Appliance Service Association of the Philippines (ASAP);⟨ Association of Home Appliance Manufacturers (AHAM);⟨ Philippine Chamber of Commerce and Industry (PCCI); and⟨ Philippine Society for Ventilation, Air-conditioning and Refrigeration Engineers (PSVARE).

None of these trade associations are engaged in the development or implementation of codes ofgood practice to reduce ODS refrigerant emissions or use.

EMB is initiating the establishment of a Refrigeration Centre for the training of accredited servicetechnicians.

8 Controls on Methyl BromideMethyl bromide is classified as a pesticide and controlled under the regulations generally applicableto pesticides. Registration of methyl bromide is made under the Presidential Decree No. 1144.Methyl bromide can be administered only by an accredited pesticide applicator.

EMB is involved in implementing strategies to limit use and emissions of methyl bromide with regardto its effects on the ozone layer but the main responsibility rests with the Fertilizer and PesticideAuthority (FPA).

Contact person:Ms. Aida Ordas, ChiefPesticide Regulatory Services DivisionFertilizer and Pesticide Authority (FPA)Tel : (63-2) 922-3371

9 Voluntary AgreementsThere are no voluntary agreements with the industry on actions to phase out ODS but enterpriseswhich receive grants from the Multilateral Fund are requested to submit ODS phase out plans with atime schedule.

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Philippines

10 Economic Incentives and DisincentivesThe Department of Trade and Industry (DTI), in particular its Board of Investment, which providesincentives for industry, takes into account the need to reduce and phase out ODS use. There are nospecial economic incentives to encourage use of alternatives to ODS (apart from the support fromthe Multilateral Fund) and no economic disincentives to discourage use of ODS.

Contact person at DTI:Mr. Raul A. AngelesEnvironmental UnitBoard of Investment, DTITel: (63-2) 890-5493

11 Labelling RequirementsThere are no specific regulations on the labelling of products which contain, are made with ordesigned for ODS, but the Bureau of Food and Drugs requires labelling of cosmetics, and the Fertilizerand Pesticide Authority requires labelling of pesticides. The Environmental Unit of DTI also haslabelling requirements. The Bureau of Product Standards (BPS) which in particular is involved incontrol of fire extinguishers issues a “PS” quality mark which has been used to limit the use of halonfire extinguishers. A guideline for the proposed ozone friendly mark scheme is being drafted. This isa voluntary recognition programme by the private sector, the DTI and the DENR.

Contact person:Mr. Raul A. AngelesEnvironmental UnitBoard on Investment, DTITel: (63-2) 890-5493

12 Criteria for Selection of AlternativesThe Philippines has not established governmental guidelines or criteria for the selection of acceptablealternatives to ODS.

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Vietnam


1 StatusThe Syrian Arab Republic ratified the Montreal Protocol on 12 December 1989 and the London,Copenhagen and Montreal Amendments on 30 November 1999. Syria operates under Article 5 of theMontreal Protocol.

2 ODS Focal PointThe Ministry of State for Environmental Affairs (GCEA) has the main responsibility for implementingODS phase-out strategies.

Main contact persons:Dr. Farouk Adli Eng. M. Khaled KalalyMinister of State for Environment Co-ordinator, National Ozone UnitMinistry of State for Environmental Affairs (GCEA) Ministry of State for Environmental Affairs (GCEA)PO Box 3773 PO Box 3773Tolyani, Damascus Tolyani, DamascusTel: (963-11) 3310381 Tel: (963-11) 3310381Fax: (963-11) 3314393 Fax: (963-11) 3314393

3 Regulations and GuidelinesThe Syrian Arab Republic is currently working on the preparation of regulations and guidelines tophase out the use of CFCs. The following regulations control ODS consumption in Syria:

1 Ministerial Decree of 1996 on imports of CFC2 Ministerial Decree of 2000 on use of CFC in aerosols and foams

In addition the GCEA is planning to prohibit the use of halon except for essential uses in 2001.

Limited regulatory actions are possible until the Syrian Parliament has approved the EnvironmentalLaw, which is currently studied by the Parliament.

4 Controls on ODS in Bulk (Other than Methyl Bromide)4.1 Production, import, export and sale of ODS in bulkThe Ministerial Decree of 1996 on imports of CFC prohibits the import of CFC without a permit issuedby the GCEA.

4.2 Monitoring import of ODSMonitoring ODS import is based on information required in connection with the import permit systemand customs statistics. Information is presently compiled by the Ministry of Economy and ForeignTrade. The GCEA is also involved in the compilation of data on ODS import.


The use of CFC in the aerosol and foam sectors was prohibited in July 2000 by Ministerial Decree.The use of halon in new installation requires permission from the GCEA since 1996. The GCA isplanning to prohibit all use of halon, except for essential uses, by 2001 (based on the availability ofalternatives and assistance).


The GCEA has an established co-operation with the Chamber of Industry (Damascus, Harica) toreduce use and emissions of ODS refrigerants, and aims at setting up complete guidelines, if possible,especially for servicing and maintenance. Improvements in this sector are expected after the activitiesunder Syria’s RMP have been implemented.

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7 Controls on Methyl BromideThe GCEA and the Ministry of Agriculture have joint responsibility for strategies to limit use andemissions of methyl bromide with regard to its effects on the ozone layer.

Contact person: M.Khaled Kalaly, (see Section 2).

8 Voluntary agreementsThere are no general voluntary agreements with industry (but a number of Multilateral Fund supportedprojects for individual enterprises).

9 Labelling RequirementsThe Syrian Arab Republic has requirements on labelling of refrigerators, aerosols and foam whichcontain or are made with ODS. The Ministry of Supply is in charge of implementing such requirements,together with the Ministry of Industry.

There are no requirements for mandatory verification of products which are labelled as not containingor made without ODS.

10 Criteria for Selection of AlternativesThe GCEA works together with the relevant authorities and the Chamber of Industry to provideguidelines on the selection of acceptable alternatives to ODS.

Contact person: M. Khaled Kalaly, (see Section 2).

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Thailand


1 StatusThailand ratified the Montreal Protocol on July 7, 1989, the London Amendment on June 25, 1992and the Copenhagen Amendment on December 1, 1995. It is an Article 5 country.

2 ODS Focal PointThe Department of Industrial Works (DIW), under the Ministry of Industry, has the main responsibilityfor implementing ODS phase out strategies.

Main contact person:Wanna Rodratana, ManagerOzone Layer Protection Unit,Hazardous Substances Control BureauDepartment of Industrial Works (DIW)75/6 Rama VI RoadBangkok 104 00, ThailandTel: (66-2) 202 4228Fax: (66-2) 202 4015E-mail: [email protected]

3 Regulations and Guidelines3.1 RegulationsThe following regulations are used to control ODS:

1 Hazardous Substance Act, B.E. 2535, March 29, 1992. Cited here as “H.S.A 2535”. TheHazardous Substance Act mandates the Minister of Industry, Ministry of Agriculture and Cooperatives and Ministry of Public Health to regulate import, export, production, possession,and the use of ODS. Applicable rules are included in ministerial regulations under the HazardousSubstance Act.

2 Notification by the Minister of Industry, February 17, 1995. Cited here as “MOI not. February1995”. It designates substances controlled in Annex A, B, C and E of the Montreal Protocol11

as Hazardous Substances Type 3, implying that a permit is required for production, import,export and possession. This notification incorporated also an earlier declaration by the Ministerof Public Health on consumer aerosols containing CFCs. Cited here as “MPH December 1990”.

3 Notification by the Minister of Industry dated August 23, 1995, cited here as “MOI not.August 1995”.

4 Notification by the Minister of Industry dated March 24, 1997. Cited here as MOI not., March1997. It prohibits the use of CFCs in manufacturing of household refrigerators.

5 Notification by the Minister of Industry dated March 24, 1997. Cited here as “MOI not. 1997”.It prohibits expansion of existing aerosol factories and establishment of any new aerosolfactories that are using CFCs as propellants.

6 Notification by the Minister of Commerce dated March 1997. Cited here as MOI not. 1997. Itprohibits import of household CFC-refrigerators.

Sanctions against non-compliance with the Hazardous Substance Act include fines and jail.

11 The Annex A and Annex B substances were controlled already under the “Toxic Substance Act” which precededthe “Hazardous Substance Act” (Annex A since 1990 and Annex B since 1991).

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3.2 GuidelinesTo control ODS, DIW has also passed the following guidelines:

1 Instructions by the Department of Industrial Works to control the use of ozone depletingsubstances in industrial plants, April 1, 1992. Cited here as “DIW 41/2535”.

DIW 41/2535 is not legally binding but acts as a directive to government authorities on how toimplement other regulations, particularly for approvals under the Thai Factory Act.

4 Controls on ODS in Bulk (other than methyl bromide)4.1 Production, import, sale and export of ODS in bulkThere are no regulations banning import or sale of any ODS in bulk.

ODS listed in Annex A, B and C of the Montreal Protocol are classified as Type 3 Hazardous Substancesunder Thailand’s Hazardous Substances Act and as such the import, export, production and possessionof these substances require a permit from DIW. (H.S.A. 2535, in particular Sec. 18, 23-42). Importersmust register with the DIW and registered importers may apply for a share of the total import quota.In the case of CFC-11 and CFC-12, DIW has limited the right to apply for a part of the quota toimporters who have previously imported these substances. Quotas for these CFCs are allocated toimporters with a 10 per cent reduction and year compared to the 1995 level.

Importers and exporters of Hazardous Substances Type 3 must notify and seek clearance for eachtransportation/shipment of such chemicals before arrival to or departure from the port and submitreports to DIW by the end of July and January of the following year (MOI not. August 1995). Permitscan also be combined with other conditions and may be transferable on a case-by-case basis.

Applications for import and export permits are handled and approved by DIW.

Contact person:Wanna Rodratana, see section. 2.

4.2 Monitoring import of ODSImporters report annually to the licensing authority on the quantities of ODS that they have importedduring the year. The information submitted includes:

⟨ the name, trade name and common name of the substance;⟨ the chemical formula;⟨ hazardous substance registration;⟨ total quantities imported;⟨ who the substance was distributed to and in what quantities; and⟨ any remaining quantities.

The customs officer makes a note on the licence when goods are cleared through customs. Thelicence is shown to DIW every time an importer wants to get permission to bring in a new shipmentof ODS. In that way the DIW can control that no ODS is imported after the importer’s total share hasbeen filled. The information obtained by mandatory reporting and through licences is also comparedwith the information submitted by the importers when applying for clearance for each particularshipment

No adjustments have been made with regard to customs codes.The responsibility for compiling information on ODS import rests with DIW.

Contact person:Wanna Rodratana, see section 2.

4.3 ODS import from and export to non-party countriesODS export to and import from non-party countries is prohibited (H.S.A. 2535).

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Thailand


MOC not. 1997 prohibits the import of household CFC-refrigerators.

Import and sale of consumer aerosols using CFCs as a propellant has been banned since 1990,except for medical aerosols (MPH Dec. 1990; MOI not. February 1995). An extension of the ban toalso include non-consumer aerosols is under consideration.

In order to import or export aerosols containing ODS (e.g. spray cans with 1,1,1-trichloroethane),the importer must notify the DIW and seek clearance before each shipment departs from or arrivesat the port. The requirement to seek clearance also applies to portable fire extinguishers containinghalon 1211 (H.S.A. 2535, sec. 23).


The use of CFCs as propellant in the manufacturing of consumer aerosols, except for medical aerosols,has been prohibited since 1990. An extension of the ban to non-consumer aerosols is underconsideration.

At present, there are no other regulations banning the use of CFCs or any other ODS. The DIW order41/2535 instructs the Factory Control and Inspection Bureau and One-Stop Services Centre not toissue factory licences to any new factories that intend to use Annex A and B chemicals in theirproduction process. A similar condition applies to factories seeking a licence to expand their existingfacilities, if the expansion would result in the increased use of Annex A and B chemicals.

Possession of a regulated ODS requires a permit (H.S.A. 2535, section 23).


When considering whether to give a business approval under the Thai Factories Act, governmentofficials should consider whether car factories and car service stations of a certain size have recoveryand recycling equipment for ODS (DIW 41/2535, sec. 1b).

DIW, in co-operation with the chiller suppliers, the World Bank and UNEP, has established “Codes ofGood Practice for Chillers” for reducing emissions of refrigerants during the installation, operation,dismantling and maintenance of chillers.

DIW has an established co-operation with the following trade association aimed at promoting thereduction of use and emissions of ODS refrigerants:

Air-Conditioning Engineering Association of Thailand

Contact person:Mr. Chaiyan Salicupt, PresidentFortune Town Office Building 28th Floor, No. 1Rama IX Intersection, Ratchadapisek Rd.Dindaeng District, Bangkok 10320Tel: (66-2) 642-1200Fax: (66-2) 642-1247

8 Controls on Methyl BromideMethyl bromide is controlled as a Type 3 chemical under the Hazardous Substance Act.

The overall responsibility for developing appropriate strategies to limit use and emissions of methylbromide rests with the Agriculture Department, Ministry of Agriculture and Co-operatives.

Contact person:Mr. Chamlong ChettanachitaraDirector, Agricultural Regulatory DivisionDepartment of AgricultureMinistry of Agriculture and Co-operativesTel: (662) 579-8576Fax: (662) 579-8535

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9 Voluntary AgreementsAt the Japan-Thai-US Trilateral Conference in Bangkok in March 1992, a trilateral agreement wasconcluded between the Thai Government, USEPA and the Japanese Ministry of International Tradeand Industry (MITI), stating a final phase out date for the use of CFCs and 1,1,1-trichloroethane atseveral multinational companies within the refrigeration/air-conditioning and solvent sectors. Theimplementation is supervised by DIW. Seven chiller suppliers signed a Memorandum of Understandingwith DIW to adopt the Codes of Good Practice for Chillers on a voluntary basis on September 15,2000.

Contact person:Wanna Rodratana, see section 2.

10 Economic Incentives and DisincentivesDuty reductions or exemptions are introduced for the import of any equipment that will improve thecondition of the environment. The DIW, the Ministry of Finance and the National Steering Committeeare in charge of the implementation of these incentives.

Thai industries seeking support from the government are discouraged from using ODS. ODS-basedindustrial projects will not be granted privileges by the Board of Investment (BOI).

11 Labelling RequirementsThailand has no regulations requiring the labelling of products or equipment which contain or aremade with ODS, or require ODS for their use, but Thai Environmental Institute with the co-operationof Thai Industrial Standards Institute has induced a Green Label for certain products which do notcontain ODS, or are made without use of ODS, for instance, refrigerators and aerosol products.

Thailand has no requirements for mandatory verification of products which are labelled as notcontaining or made without ODS.

12 Criteria for Selection of AlternativesThere are no governmental guidelines or official criteria for the selection of acceptable alternativesto ODS.

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Asia and the Pacific Region

(Information provided in May 2000)

1 StatusTuvalu ratified the Montreal Protocol on July 15 1993 and the London, Copenhagen and MontrealAmendments August 31 2000. Tuvalu operates under Article 5 of the Montreal Protocol.

2 ODS Focal Point

The Environment Department has the responsibility for implementing ODS phase out strategies inTuvalu.

Main contact:Ministry of Natural resources and EnvironmentEnvironment DepartmentMataio TekineneEnvironment OfficerPrivate Mail BagVaiakuFunafuti AtollTuvaluTel: (688) 20 179Fax: (1-801) 606 7626

3 Regulations and GuidelinesTuvalu has no regulations to control ODS and no regulations in an advanced state of preparation.

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Vietnam

(Information provided in January 2000)

1 StatusVietnam ratified the Montreal Protocol and its London and Copenhagen Amendments on January 26,1994. It is an Article 5 country.

2 ODS Focal PointThe Hydro Meteorlogical Service (HMS) of Vietnam (Tông Cuc Khí Tu’o’ng Thuy Vãn) has the mainresponsibility for implementing ODS phase out strategies.

Main contact person:Dr. Dao Duc Tuan, DirectorNational Office on Climagte Change and Ozone ProtectionHydro Meteorlogical Service of Vietnam (HHS)Tông Cuc Khí Tu’o’ng Thuy Vãn57 Nguyen Du StreetHanoi, VietnamTel: (84-4) 822 8974Fax: (84-4) 826 3847E-mail: [email protected]

3 Regulations and Guidelines1 Law on Environmental Protection of Vietnam (1993) Article 19 and 45.2 Joint Ministries Circular Letter on Determination of Import Management and Control of Using

Methyl Bromide, February 19, 1998 (92/1998/TTLT/TCKTTV-BNN & PTNT).

A draft government decree “The Decision of the Prime Minister on the List and Schedule to PhaseOut Controlled Ozone Depleting Substances in Vietnam”, has been submitted to the Government bythe Hydro Meteorological Service.

4 Controls on ODS in Bulk4.1 Production, import and export of ODS in bulkTo date Vietnam has only general legislation to control import of ODS. The Law on EnvironmentalProtection of Vietnam requires, as of 1995, in Article 19 an approval from the Sectorial ManagementAgency concerned, as well as from the State Management Agency for Environmental Protection forimportation and exportation of technologies, chemical products and substances relating to theprotection of the environment. Article 45 of the same regulation states that Vietnam should implementall international treaties and conventions, which it has signed or participated in, including the MontrealProtocol and relevant amendments.

The purpose of the proposed Ministerial Decision is to create a legal framework for controlling ODSimport and consumption in Vietnam.

4.2 Monitoring import of ODSODS import is monitored through information from customs and the Statistics Department, voluntaryinformation from trade associations and importing companies, as well as from surveys which havebeen carried out by consultants. No changes have been made to customs procedures or customscodes but the HMS is intending to introduce specific codes for ODS after promulgating the MinisterialDecision. The information is compiled by the Ministry of Trade and the General Department ofCustoms.

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Regulations to Control Ozone Depleting Substances: A Guidebook

5 Controls on Methyl BromideThe “Joint Ministries Circular Letter on Determination of Import Management and Control of UsingMethyl Bromide” from 1998 limits the rights to import and use methyl bromide.

Section II of the circular deals with import restrictions and states that the Ministry of Agriculture andRural Development (MARD) and the Hydro Meteorological Service (HMS) shall determine the quantityof methyl bromide that can be imported annually. Importers must comply with the requirements inthe existing official documents regarding the import of pesticides.

Section III restricts the use of methyl bromide. It underlines that the substance has been classifiedby the MARD as a limited use pesticide. Hence, the circular letter states that its use is limited toorganisations and individuals who fulfil the conditions set out in the Decree on Plant Protection andQuarantine, the Regulation on Plant Quarantine, the Decision on State Managing of FumigationAccording to Resolution 189/NN – BVTV/QD March 31, 1994 and other related documents.

The circular letter creates an obligation for users to report to the MARD and the Hydro MeteorologicalService on their annual consumption of methyl bromide, including quantities used, and the species,quantity and volume of the objects that have been quarantined with methyl bromide.

Breaches of the provisions of the circular letter can result in a fine or criminal charges. Compliancewith the provisions of the circular letter on the other hand may be rewarded in accordance withgovernment rules.

6 Economic Incentives and DisincentivesVietnam has applied tax reductions in the importation of chemicals to encourage alternatives to CFC12 in the cosmetics sector.

7 Voluntary AgreementsThere are no voluntary agreements with the Vietnamese industry for ODS control or phase out.However, many multinational companies in Vietnam have pledged to invest only in modern andenvironmentally friendly technology in their Vietnam projects.

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Regulations to Control Ozone-Depleting Substances: A … · There are no rules specifically prohibiting trade in bulk ODS with Non-Parties. ... printed electronic circuits air