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

Transcription

1 (Information provided in July 2000) 1 Status ratified the Montreal Protocol on October 23, 1989 and the London Amendment on December It is an Article 5 country. 2 ODS Focal Point The Ministry for Local Government, Housing and Environment (MLGHE) is the authority with the main responsibility for implementing ODS phase out strategies. Main Contact person: Mr. Bhaskaran Nair, Deputy Permanent Secretary ODS Unit Department of Environment Box 2131 Government Building Suva Tel: (679) / Fax: (679) / nram@govnet.gov.fj 3 Regulations and Guidelines 1 Ozone Depleting Substances Act, June (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, Customs Tariff Nomenclature Regulations, 1986 (No. 12 of 1986). Amended in November 1998 to include specific customs codes for ODS in bulk under chapter Customs Act, 1986 (No 11 of 1986). 7 Customs regulation, 1986 (No. 108 of 1986). 8 Land Transport Act, Quarantine Act, 1965 (Chapter 12). 10 Quarantine Regulations, Sustainable Development Bill, 1999 (No 34 of 1999). In addition, an amendment to the Customs Act is being prepared to contain rules on permits for trade 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 bulk ODS controlled by the ODS Act are listed in the schedule to the act. The list includes all Annex A and B substances regulated by the Montreal Protocol as well as HCFCs and methyl bromide, leaving HBFCs 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 in principle banned under the act from January 1, 2000 (ODS Act sect. 14 (1)). Import, export and manufacture of HCFCs is allowed until January 1, 2031 (ODS Act sect. 14 (2)). is not a producer of ODS. 47

2 Regulations to Control Ozone-Depleting Substances: A Guidebook 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 but only an auhtorised supplier may 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 the applicant has adequate knowledge of the environmental implications of ODS, the ODS Act, ODS Regulations and the relevant codes of practice (ODS Reg. Sect. 8). Applications must be made on the forms in schedule 2 to the ODS Regulation (ODS Reg. 9(2)). Permits may be subject to any condition the Director decides (ODS Reg, sect. 8(2)). Some standard conditions are stated on the permit (form 4, schedule 2 to the ODS Reg.) such as labelling, reporting on quantities actually imported and record keeping. Anybody who wants to be licenced under the ODS Reg. must have at least three years of relevant trade experience, adequate knowledge of the relevant code of practice and a certificate to handle ODS approved by the Director (ODS Reg. section 11). Importation of ODS must be in accordance with the relevant code of practice and authorised suppliers have a duty to ensure that any ODS in their possession is handled in a way that minimises the risk of emissions to the atmosphere (ODS Reg., 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 Officer ODS Unit Department of Environment Tel: (679) / Fax: (679) nram@govnet.gov.fj 4.2 Monitoring import of ODS Previously, information on ODS import was obtained through voluntary reports from importers, surveys by consultants and customs statistics. has since adjusted HS codes for the purpose of ODS monitoring. The new ODS Reg. (sect. 4) requires authorised suppliers to keep records of all import and sale of ODS including information regarding: controlled substances held in stock on October ; 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 substances by 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 over their activities in addition to the other recording obligation under the regulation, and submit these to the 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 ODS import from and export to Non-Parties bans the import from and export to all countries of Annex A and B substances. There is no particular rule relating to trade with Non-Parties. 4.4 Sale of ODS in bulk A person who wants to sell a controlled substance must have a permit for the premises in which the substance will be stored (ODS Act, sect. 16(2)). The Director for the Environment issues permits. 48

3 The Director is empowered under the act to make standards for the storage or handling of the controlled substances (sect. 16(5)). In addition, the ODS Reg. provides that only authorised suppliers may sell, offer for sale or distribute ODS and to authorised purchasers only (ODS Reg., sect. 3(1) and (2)). Any person may apply to the Director 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 be satisfied that the applicant has adequate knowledge of the effect of ODS on the environment, the act, regulations and the relevant codes of practice. The minimum requirements an applicant must fulfil to get a sales permit, or a permit to purchase ODS, are the same as those applying to importers or handlers of ODS (see section 4.1). Sales must occur in accordance with the relevant code of practice. The supplier is responsible for ensuring that the substances are handled in such a way that releases into the atmosphere are minimised (ODS Reg., sect. 3(4)). The requirements on record keeping and reporting referred to above (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 annually to the Director of the Environment (ODS Act, sect. 16(12)). The ODS Reg. further details what should be in the records kept by ODS suppliers (see above, sect. 4.2.) Only an authorised purchaser may purchase ODS (ODS Reg., section 5). Purchasers must keep records for every purchase. 5 Control on import and sale of products containing or made with or using ODS Since July the ODS Act has prohibited the import and export of certain products that contain CFCs, halons, carbon tetrachloride or 1,1,1, trichloroethane (ODS Act section 14(3) (6)). These products include: motor vehicles with an air-conditioning system which contains any of the above mentioned ODS; 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 the above 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 use any 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 B a 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 product is labelled, showing what substance it contains (ODS Reg., section 13(1) and (2)). 5.1 Import from Non-Party countries There 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 all applications. 49

4 Regulations to Control Ozone-Depleting Substances: A Guidebook 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 s approval, establish procedures and requirements for the licencing of persons under the act. The minister 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 obtaining the licence described in the ODS Act (ODS Reg., sect. 2). The rules dealing with handling of ODS are 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 approved equipment 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 extinguisher must replace it with a non-halon extinguisher by October The Director for the Environment may not approve the installation of any halon extinguisher unless there is no acceptable alternative and the installation is necessary to protect human life in the case of an emergency. It is prohibited to discharge a fixed halon fire extinguishing system unless it is for the purpose of extinguishing a fire that poses a risk to life or property (ODS Reg., sect. 17). 50 Contact person: Mr. Epeli Nasome, Director ODS Unit Department of Environment Tel: (67-9) / Fax: (67-9) 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 Director for the Environment. Handling includes the installation and servicing of air-conditioning and refrigeration equipment. Before granting a licence the Director must be satisfied that the applicant has adequate knowledge of 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 a practical examination and this may also be required upon renewal of a licence. Applicants may also be required to obtain a certificate from an approved institution. In order to obtain a permit the applicant must have at least three years of relevant trade experience, an adequate knowledge of the code of practice and a certificate from an institution approved by the Director (ODS Reg., section 11). Licences are valid for 12 months. Licensed persons are responsible for training and supervising their employees (ODS Reg., section 10). A person who services any equipment by charging it with a controlled substance or replaces any equipment must attach a label on the equipment. The label must show the name of the service person, 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 must keep 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 would otherwise have been released into the atmosphere in a manner that is in accordance with the code of 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 substance and a note that the container may only be used for storage and return of a particular type of substance. In addition, all controlled substances delivered to an authorised supplier must be delivered in a container labelled with the name and colour code of the substance (ODS Reg., section 15).

5 A person who is in possession of a controlled substance must keep it in an airtight container. The container and the substance must be disposed to an authorised supplier, purchaser or storage facility, or be destroyed in a manner approved by the Director or expressed in the relevant code of practice. 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, when possible, that the ODS in the equipment is reclaimed before disposal of the apparatus. If a controlled substance is taken to an authorised handler, the handler should either recycle the substance for reuse in an existing system, deposit it for storage in an approved storage facility or destroy it in a manner approved by the department (ODS Reg., sect. 19(2)). Owners of ODS using equipment shall have the controlled substance therein replaced by an noncontrolled 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 or she must either find a replacement for the system by using HFC-134a, HFC-152a, HCFC-24, HCFC-22 or any other non-cfc substance, retrofit the system to use non-controlled substances or require the owner 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 who becomes aware of such a discharge has an obligation to report it to the D irector (ODS Act, section 18(4), (5) and (6)). People can defend themselves against unlawfully discharging a controlled substance if they can show that the discharge was not caused deliberately or by their negligence and 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 control of a refrigeration and air-conditioning service workshop, shall use a particular approved recovery and recycling unit (ODS Act, sect. 15(4) and ODS Reg., sect. 19(1)). It is also noted that a person who dismantles a vehicle containing an air-conditioning unit that uses a controlled substance must ensure the 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 Bromide Methyl bromide is a controlled substance under the ODS Act. Thus what has been written regarding licences and permits to purchase, import, sell, store and handle controlled substances applies also to methyl bromide. Aerosols containing methyl bromide may only be offered for sale or distributed if an authorised purchaser purchases it or if it is to be sold or distributed for medical purposes (ODS Reg. sect. 18(2)). 9 Economic Incentives and Disincentives The ODS Act gives the minister the mandate to establish fiscal incentives to give effect to the national policy and the implementation of the Act (ODS Act, section 25(1) (b)). It also obligates the minister responsible for finance to make regulations under the Customs Act to provide for the variation of import duties in order to encourage import of equipment that does not contain or use controlled substances (ODS Act, sect. 25 (2)(b)). allows exemptions from duties for recovery and recycling equipment and technical equipment for training. Contact persons: Mr. Epeli Nasome, see section 6. Ms. Nirupa Ram, see section Labelling Requirements A person who sells, offers for sale or distributes any equipment that contains a controlled substance must 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 of ODS 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. 51

6 Regulations to Control Ozone-Depleting Substances: A Guidebook Persons servicing any equipment by charging it with a controlled substance or who replace such equipment must attach a label thereupon, showing the person and company who conducted the service, 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 substances to suppliers (ODS Reg., 16). If controlled substances are reclaimed the authorised handler must ensure that containers used for this purpose are labelled with the word RECLAIMED. Containers must also show the name of the authorised supplier, a warning label that the container may only be used for the storage and return of a particular substance, and the name and any colour code of the substance (ODS Reg., 15). 52