Regulations to Control Ozone-Depleting Substances: A Guidebook

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2 100 Regulations to Control Ozone-Depleting Substances: A Guidebook

3 Belarus (Information provided in August 2000) 1 1 Status Belarus ratified the Montreal Protocol on 31 October 1988 and the London Amendment on 10 June It is a Non-Article 5 country. 2 ODS Focal Point The government authority responsible for preparing and implementing ODS phase-out strategies is the Ministry of Natural Resources and Environment Protection (MNREP). Vladimir Minchenya, Head Department for the State Control on Ozone Layer Protection 10 Kollektornaya Street Minsk Belarus Tel: (375-17) Fax: (375-17) minproos@minproos.belpak.minsk.by 3 Regulations and Guidelines The following Regulations and Guidelines control the consumption of ODS in Belarus: 1 The Law on Environment Protection, Article 37, 26 November The Law on Air Protection, Article 42, 15 April Decree of the Soviet of Ministers of the Republic of Belarus (SMRB) About the Urgent Measures to Implement International Treaties on Ozone Layer Protection, 2 July Official number: No Order of the SMRB About Creation of Inter Agency Commission to Work out the National Program on Ozone Layer Protection, 19 August Official number: No Decree of the Cabinet of Ministers of the Republic of Belarus About Additional Measures to Freeze the Consumption of Substances Depleting the Ozone Layer, 19 February Official number: No Decree of the SMRB About Prohibitions and Limitations of Movements of Things through the Customs Area of the Republic of Belarus, 18 March Official number: No Decree of the SMRB About Signing of an Agreement between the Government of the Republic of Belarus and the World Bank in Providing Financial Assistance to Stop the Use of ODS in the Republic of Belarus, 12 May Official number: No Decree of the SMRB About Establishing a National Scientific Research Centre for Monitoring the Ozonosphere, 14 May Official Number: No Decree of the SMRB About the Measures on State Regulations in the Field of ODSs Management. This Decree initiated the licensing system for ODS production, storage and use. 10 Order of the Cabinet of Ministers of the Republic of Belarus About Introducing Tax Free and Value Added Tax Free for the Machines, Equipment and the Materials Imported into the Republic of Belarus to Reduce Consumption of ODS, 12 June Official number: No Decree of the SMRB About an Addition to the DSMRB enacted 28 Nov No 1563 About Forfeiting the Rights of some Decrees of the Government of the Republic of Belarus, 12 February Official Number: No Decree of the SMRB About the Measures of Further Improvement of the State Control Activity on Ozone Layer Protection, 13 November Official number: No The SEI has not had access to translations of the Regulations of Belarus. The information is therefore solely based on the information submitted by Belarus in the questionnaire. 101

4 Regulations to Control Ozone Depleting Substances: A Guidebook 13 Order of the Ministry of Natural Resources and Environmental Protection, introduced Regulation About the Order of Giving Permissions for ODS and Equipment Containing ODSs Movements (imports, exports, transit) through the Customs area of the Republic of Belarus, 12 August Official number: No Order of the Ministry of the Republic of Belarus About Giving Permission for ODS Free Equipment, 13 January Official number: No Order of the Ministry of the Republic of Belarus, introduced Regulation About the Order of Giving Special Permission (Licences) to Economical Entities of the Republic of Belarus to Exercise Special Activities in the Field of Natural Resources and Environmental Protection, 6 August Official number: No This Order includes the regulation of production, storage and use of ODS. 16 Order of the President of the Republic of Belarus About Making the Tax and Other Payments Free to Import the Equipment and Materials under the Global Environmental Fund Facilities, 14 January Official number: No. 12. There is a draft regulation The Law on Ozone Layer Protection being prepared. It is estimated that it will be enacted by the end of It will define the governmental authorities knowledge of ozone protection and regulate ODS consumption. Ministerial decrees are resolutions to implement international obligations and state laws. Orders from the Ministry of the Republic of Belarus are orders to implement ministerial decrees. Sanctions for non-compliance with the above regulations include fines, withdrawal of permit to operate and withdrawal of privileges. 4 Control of ODS in Bulk (Other than Methyl Bromide) The import of the following substances is banned as of 1 January 2000 (DSMRB No 1741): CFCs Halon Carbon tetrachloride 1,1,1-trichloroethane Exemptions may be granted for essential uses. Permission from the MNREP is required for importation of any ODS controlled under the Montreal Protocol, now mainly relevant for import of HCFC, HBFC, methyl bromide and for import under an exemption (OMNREP No. 120 of 1997 and OMNREP No 330 of 1998). Importers must report what volumes they intend to use for the present and coming year. These volumes are the basis for allocation of quotas and any import that occur outside the use reported is considered illegal. Permits may be traded freely between companies. The authority responsible for permits is the MNREP. Vladimir Shevchenok Leading Specialist The Ozone Office Tel: ( ) Fax: ( ) / Monitoring import of ODS Information on ODS import is gathered in connection with applications for import quotas and permits (DSMRB No 1038 of 1997 and the following OMNREP No. 113 of 1999). Customs codes have been modified to facilitate the classification of ODS in customs. The government authority responsible for collecting information on ODS monitoring is the MNREP. Vladimir Shevchenok (see section 4) 4.3 ODS import from and export to Non-Party countries The import from and export to Non-Parties is prohibited (OMNREP No 120 of 1997). 102

5 Belarus 5 Control on Import and Sale of Products Containing, Made with or Using ODS 5.1 Generally applicable regulations Import of refrigeration equipment and aerosol cans containing, made with or using ODS from any country is banned (OMNREP No 120 of 1997 and OMNREP No 330 of 1998). 5.2 Import from Non-Party countries Import of equipment containing ODS from Non-Parties is banned (OMNREP No. 120 of 1997). 6 Controls on the Use of ODS (other than Methyl Bromide) End-Use Controls Resolution Number 1038/1997 establishes a licensing system for storage, use and production of ODS. 7 Controls on Service and Installation of Refrigeration and Airconditioning equipment There are no rules requiring certification of service personnel in Belarus. However, within the GEF ODS Phase-Out Project a National Centre for Refrigerant Technicians Training has been established. The Government has established cooperation with several trade associations and others aimed at promoting reduction of use and emissions of ODS refrigerants. Beltorgprogress National Enterprise (under the Ministry of Trade) 31/1Zheleznodorozhnaya Street, Minsk Tel: ( ) Ministry of Food and Agriculture, 15 Kirova Street, Minsk Consumer Population Services National Union, 16 Levkova Street, Minsk National Union of Cooperation Consumer Companies, 17 Masherova Street, Minsk Controls on Methyl Bromide A permit is required for import, export or transit of o all controlled ODS, including methyl bromide (DSMRB No 218 of 1997) and an import fee must be paid at importation (Decree 1038 of 1997). A licence is needed for production, storage and use of ODS, including methyl bromide (Decree No of 1997). Annual reporting on the use of methyl bromide is required. The government authorities responsible for implementing methyl bromide strategies are the MNREP and the Ministry of Food and Agriculture. Vladimir Shevchenok (see section 4) 9 Economic Incentives and Disincentives There is a compulsory fee for import of ODS, except HCFC, of around 1.5 US dollar per kilo, which equals 0.6% of a minimum salary in Belarus (Decree.1038 of 1997). Import fees are administered through the State Customs Committee. 103

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7 Bulgaria (Information provided in August 2000) 1 Status Bulgaria ratified the Montreal Protocol on 20 November 1990, the London Amendment and the Copenhagen amendments on 28 April 1999 and the Montreal Amendment on 24 November It is a Non- Article 5 country. 2 ODS Focal Point The Ministry of Environment and Waters (MOEW) has the main responsibility for implementing ODS phase-out strategies in Bulgaria. Main contact person: Lidia Assenova, State Expert Air Protection Department MOEW 22 Maria Luiza street 1000 Sofia Bulgaria Tel: (359-2) Fax: (359-2) Regulations and Guidelines 1 Decree of the Council Ministers on the Control and Management of the ODS, 1 January 2000 (DCM 254/1999). Cited here as DCM 254/ Regulation on the Control and Management of Substances that Deplete the Ozone Layer, 1 January 2000, cited here as ODS Reg. The Regulation is issued under Article 8 of DCM 254/ Decree of the Council Ministers on the Regime of the Introducing of Hazardous substances, 8 February 1999 (DCM 12/1999). Cited here as DCM 12/1999. The articles in this Decree that regulated ODS were amended by DCM 254/1999. The DCM 12/1999 fully replaced the Decree of the Council Ministers Specifying Import and Transit of Wastes and Hazardous Substances Regulations, 1 January 1997 (DCM 268/1996). 4 Decree of the Council Ministers for the Measures of Trade Policy Concerning Import and Export, 1 January 1999 (DCM 271/1998). Cited here as DCM 271/1998. The articles in this regulation that regulated ODS were amended by DCM 254/99. The DCM 271/1998 fully replaced the earlier Decree of the Council Ministers on Import and Export Regulation, 1 January 1998, (DCM 493/1997), which in turn had replaced the Decree of the Council of Ministers on Import and Export Regulation, 1 Jan 1996 (DCM 266/ ). Import of ODS into Bulgaria was banned in 1996 when DCM 266/1995 entered into force. The ban is renewed every year (DCM 268/1996, DCM 493/1997, DCM 12/99). At the moment it is only the DCM 254/1999 that deals with the control of ODS. It has amended the others either by repealing them in full or by repealing the articles dealing with ODS. Sanctions for non-compliance include fines and withdrawal of permit to operate. 105

8 Regulations to Control Ozone Depleting Substances: A Guidebook 4 Controls on ODS in Bulk 4.1 Production, sale, import and export of ODS in bulk The production, import, export and placing on the market of CFC, Halon, 1,1,1-trichloroethane, carbon tetrachloride and HBFC is banned (DCM 254/1999, Art. 2(1)) as of the following dates: Substance Date Regulation CFC-11, 12, 113, 114, and 115 Import: 1 Jan 1996 DCM 266/1995 Art. 6 Sale: 1 Jan DCM 254/1999 Art. 2 Other CFCs Import: 1 Jan DCM 266/1995 Art. 6 Sale 1 Jan 2000 DCM 254/1999 Art. 2 Halon 1201, 1301 and 2402 Import: 1 Jan 1998 DCM 493/1997 Art 6 Sale: 1 Jan DCM 254/1999 Art 2 Carbon tetrachloride and Import: 1 Jan 1998 DCM 493/1997 Art 6 1,1,1-trichloroethane Sale: 1 Jan DCM 254/1999 Art 2 HCFC Import: 31 Dec DCM 254/1999 Art 4 Sale: 31 Dec DCM 254/1999 Art 6 HBFC 1 Jan 2000 DCM 254/1999 Art 2 Exemptions apply to: Import, export, and placement on the market of ODS for laboratory use in quantities not exceeding ten kilos. Import and placing on the market of halons for critical uses defined in Annex 3 or of recycled halon to be used in maintenance of refrigerating systems. Import and placing on the market of recycled or recovered ODS for service purposes. Export of used substances for the purpose of their recycling, recovery or destruction. Import and export under an exemption (except for import of recycled or recovered substances) requires a permit issued by the Minister of Environment and Water. The production, import and export of HCFCs will be banned as of 31 st December 2010 (Decree 254/ 1999, Art. 4). Until the ban enters into force the Minister of Environment and Water shall determine an annual quota for HCFC import. Individual importers are then issued an allowance to import certain quantities during the calendar year in which the allowance was issued (ODS Reg. Arts. 9 and 10). A copy of the allowance must be attached to the customs declaration. The importer/exporter must take all measures to prevent leakage of ODS and must ensure that the substances are properly labelled, showing for example trade name, chemical composition and customs code of the substance as well as data about the producer, importer/exporter and distributor (ODS Reg. Art. 11). Import and export of ODS is only allowed through certain specified ports that have been equipped with special equipment for detecting and identifying ODS. (ODS Reg. Art. 14). The authority responsible for receiving applications for permits and taking the final decision thereon is the MOEW. Main contact person: Silviia Raykova, Chief Expert Coordination and Actions at Ecological Hazard MOEW Tel: (359-2) Fax ((359-2) sraykova@moew.govrn.bg 106

9 Bulgaria 4.2 Monitoring import of ODS The MOEW maintains a database with information on the quantities of ODS used in the country. Importers and exporters must report annually on their activities (ODS Reg. Art. 17). The reports shall include the following information: Quantities and types of ODS that they have been trading in and whether the substances were virgin or recycled. The country the substances were imported from or exported. The contact details of the recipient. Quantities of ODS in stock. A draft outline of intended import/export for the coming year. In addition the MOEW uses the information given in connection with applications for import and export permits to verify the information given in the reports. Customs declarations and customs codes have been customized to allow better monitoring of ODS import and export. The customs head quarters shall submit the data on ODS that has crossed the border to the MOEW biannually (ODS Reg. Art. 22). Lidia Assanova (see section 2). 4.3 ODS import from and export to Non-Party Countries Trade with Non-Parties in CFC, Halon, 1,1,1-trichloroethane, carbon tetrachloride and HBFC, HCFC and methyl bromide is prohibited. The prohibition does not apply to substances being exported with the purpose of having them destroyed (DCM 254/1999, Art. 3). 5 Controls on Import and Sale of Products Containing, Made with or Using ODS 5.1 Regulations applicable to import from any country The import, export and placing on the market of certain products containing, made with or using CFC, Halon, 1,1,1-trichloroethane, carbon tetrachloride and HBFC is banned (DCM 254/1999, Arts. 2(2) and 10). The products are listed in Annex 2 to the Regulation and include: Cars and trucks equipped with air-conditioning units; refrigerators; freezers; dehumidifiers; water coolers and gas liquefying units; ice machines; air-conditioning and heat-pump units; aerosol products; perfumery, cosmetics and toilet preparations; insecticides, rodenticides, fungicides, herbicides etc.; preparations and charges for fire extinguishers, charged fire extinguishing grenades; prepared de-icing fluids; portable fire extinguishers; and insulation boards, panels and pipe covers. When importing or exporting products manufactured with, containing or using ODS, a document specifying the type of substance per type of goods shall be attached to the customs declaration (ODS Reg. Art. 15). Import and export of ODS products is only permitted through certain ports equipped with instruments for the detection of ODS (ODS Reg. Art. 14). 5.2 Import from Non-Party countries Import and export from Non-Parties of the products listed in Annex 2 to the DCM 254/1999 (see section 5.1 above) containing, made with or using HCFC is prohibited (DCM 254/1999, Art. 3(1). 107

10 Regulations to Control Ozone Depleting Substances: A Guidebook 6 Controls on Use of ODS (other than methyl bromide) End Use Controls ODS which may not be imported into Bulgaria may not be used there either (DCM 254/1999, Art. 2). The same exemptions as stated in Section 4.1 relating to the placing on the market of ODS apply also to the use of those substances. This includes of course the exemptions for critical use of halon, which are defined in Annex 3 to the DCM 254/1999 as follows: Use of halon in aircraft; - in military land vehicles and naval vessels; - for making inert occupied spaces where flammable liquid and/or gas releases could occur in the military and petrochemical sector and in cargo ships; - for making inert manned communication and command centres for the armed forces or otherwise essential for national security; - for making inert spaces where there may be a risk for dispersion of radioactive matter; and - in the Channel Tunnel and associated installation and rolling stock Use of halon in aircraft; - in extinguishers essential for the personal safety used for initial extinguishing by fire brigades; and - in military and police extinguishers for use of persons. The production of certain products containing, made with or using CFC, Halon, 1,1,1-trichloroethane, carbon tetrachloride and HBFC is banned (DCM 254/1999, Arts. 2(2) and 10). The products are listed in Annex 2 to the Regulation, see section 5 above. The production of products that are manufactured with or use HCFCs will be prohibited when the ban on HCFC in bulk enters into force in 31 December 2010 (DCM 254/1999, Art. 4(2) and the Transitional Provisions 4). All remaining use of HCFC will be banned as of 31 December 2011, with exemptions applying to cases where the HCFC is to be used for laboratory needs in quantities not exceeding ten kilos, service activities or to replace halon in critical use appliances (DCM 254/1999, Arts. 6 and 7). There are provisions on recovery and recycling of ODS from heat pumps, solvent containing installations and fire protection equipment, and on reporting by service technicians. These rules are the same as those that reply to service and installation for refrigeration and air-conditioning equipment and will be described under section 7 below. Users (a term that includes persons using ODS for manufacture as well as for service and maintenance purposes) must report annually on their activities including the following information (ODS Reg. Art. 18): The name and details of the company; the ODS type and quantities purchased; purpose of use and description of the type of product manufactured with the substance; information about the ODS using equipment for which ODS is procured; quantities in stock; and an outline of ODS quantities needed for the following year. 7 Controls on service and installation of refrigeration and airconditioning equipment Users, including persons that use ODS for service and maintenance purposes, must report under Article 18 of the ODS Reg. (see section 6 above). In addition companies or persons recovering and recycling ODS must report annually on their activities (ODS Reg. Art. 19). The latter reports should include information on: the details of the company. processing method. addresses of users from whom the ODS was taken type and stock of ODS 108

11 Bulgaria Only certified service technicians may recover and recycle ODS contained in refrigeration and airconditioning equipment, heat pumps, solvent containing installations and fire protection equipment. To become certified a person must go through special training in collecting, recovering and recycling ODS. In addition persons who recover and recycle ODS need to have three years of working experience in the field (ODS Reg. Art. 3). The purpose of collecting ODS contained in equipment shall be to have it destroyed or to recover and recycle the substances for reuse in the service and maintenance sector. Recovery and recycling shall be carried out at special recovery/recycling stations, which must be enclosed structures of a certain standard and meet specified fire safety requirements (ODS Reg. Art. 4). The authority mainly responsible for rules on servicing and installation is the MOEW. Contact person Lidia Assenova (see section 2). 8 Controls on methyl Bromide Methyl bromide is controlled under the DCM 254/1999 like any other ODS. The authority responsible for implementing strategies aiming to phase-out methyl bromide consumption is the MOEW in cooperation with the Ministry of Agriculture and Forests (MAF). Main contact person at MOEW: Lidia Assenova (see section 2) It will be prohibited to place methyl bromide on the market as of 31 December 2004 and the use thereof will be banned as of 31 December 2005 (DCM 254/1999, Arts. 5 and the transitional provisions 5). No exemptions apply. 9 Economic Incentives and Disincentives Until 31 December 1997 there were economic incentives in form of duty exemptions and tax reductions for using ozone friendly alternatives. The MOEW has also used GEF grants and favourable loans to encourage the use of alternatives. As of 1 January 2000 taxes on the import and export of ODS are imposed (DCM 254/1999, transitional provisions 1). Lidia Assenova (see section 2) 10 Labelling requirements Products that contain, are made with or require ODS for their use shall be labelled by the producers according to the Bulgarian National Standards, which are harmonized with the European Standards. They are issued by the Agency of Standardization and Metrology. In the Regulation to DCM 254/1999 there is a requirement for labelling of containers for ODS (see Art. 11(3). The customs officer at the borders must check every container for such labels. The MOEW has prepared and the Bulgarian Parliament adopted a law for protection from harmful impact of dangerous substances, preparations and products. There is a requirement for labelling of containers for substances also under this regulation, which will come into a force in Mrs. Slavitza Dobreva, state expert, European integration Department, MOEW Tel: (359-2) , Fax: (359-2) The European Directive for labelling of the products will be incorporated into Bulgarian law by the Ministry of Industry. Mr. Boncho Bonchev, state expert, European integration Department, Tel: (359-2) Fax: (359-2)

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13 Croatia (Information provided in August 2000) 1 Status The Republic of Croatia (Croatia) ratified the Montreal Protocol on 8 October 1991, the London Amendment on 15 October 1993, the Copenhagen Amendment on 11 February 1997 and the Montreal Amendment on 8 September Croatia operates under Article 5 of the Montreal Protocol. 2 ODS Focal Point The Ministry of Environmental Protection and Physical Planning is responsible for enforcement of the provisions of the Vienna Convention, the Montreal Protocol and its amendments and has also the main responsibility for implementing ODS phase-out strategies. Main contact person: Ms Jasenka Necak, Head of Atmosphere Protection Department Environmental Protection Division Ministry of Environmental Protection and Physical Planning Ulica grada Vukovara 78/III Zagreb Croatia Tel: (385-1) Fax: (385-1) jasenka.necak@duzo.tel.hr 3 Regulations and Guidelines The following regulations are directly relevant for the control of ODS: 1 By-Law on Substances that Deplete the Ozone Layer, Narodne novine No. 7/99 and 20/99, cited here as BLSDOL. 2 Law on Ratification of the Vienna Convention for the Protection of the Ozone Layer. 3 Law on Ratification of the Montreal Protocol on Substances that Deplete the Ozone Layer. 4 Law on Ratification of the London Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. 5 Law on Ratification of the Copenhagen Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. 6 Law on Ratification of the Montreal Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. 7 Customs Law, Law on Trade, Other more general regulations which are indirectly relevant for the control of ODS include: 9 Law on Environmental Protection (Zakon o za titi okoli a), Law on Air Quality Protection (Zakon o za titi zraka), Law on Waste (Zakon o otpadu), Plant Protection Law (Zakon o za titi bilja),

14 Regulations to Control Ozone Depleting Substances: A Guidebook 13 Law on Poisons (Zakon o otrovima), Law on Transport of Hazardous Substances (Zakon o prijevozu opasnih tvari), Value Added Tax Law (Zakon o porezu na dodanu vrijednost), Law on Standardization (Zakon o normizaciji), Controls on ODS in Bulk (other than methyl bromide) 4.1 Import, sale and export of ODS in bulk The By-Law on Substances that Deplete the Ozone Layer is structured so as to prohibit generally the production (Article 3) of all ODS in the Montreal Protocol unless specifically exempted by the By- Law. Import of substances listed in Group I and II of Annex A, Group II and III of Annex B and Group I of Annex E to the Montreal Protocol is allowed only to satisfy domestic needs (the BLSDOL, Art. 5). Import of recycled and recovered ODS is banned, except as regards recycled halons registered at the halon bank. However, substances that have been recovered in Croatia may be exported and reimported should their recycling not be possible in Croatia (BLSDOL, Art. 16). Consumption of Annex B Group I (BLSDOL Art. 10) and Annex C Group II (BLSDOL, Art. 14) substances is banned. ODS consumption quotas are established for Annex A Group I (BLSDOL, Art. 8) and II (BLSDOL Art. 9), and Annex E Group I (BLSDOL, Art 15) Substances. Consumption of these substances is banned from January 1, Annex B Group II and Group III substances will be banned from January 1, 2006 (BLSDOL Art. 11), and Annex C Group I (HCFCs) will be banned from January 1, 2030 (BLSDOL, Art. 13). An exemption is made for Annex A Group I and II and Annex B Group II and III substances that are necessary to special needs 2. The annual consumption levels for these substances may be exceeded by up to ten percent of the determined levels (BLSDOL, Art, 12). Import or export of ODS requires a licence. Applications for permits are handled and approved by the Ministry of Economic Affairs (Department of Foreign Trade). Requests for licences shall be submitted on a particular form (BLSDOL, Art. 18). An approval is also needed from the MZOPU. Ms. Vlatka Kuèeviæ Department of Foreign Trade Ministry of Economic Affairs Tel: (385-1) Fax: (385-1) Monitoring import and export of ODS Monitoring ODS import is based on the mandatory reporting by all importers and on customs statistics. The importer or exporter must keep a register of data, including information on types and quantities of imported/exported ODS; quantities of imported ODS sold; and names of purchasers (BLSDOL, Art. 19). The data have to be provided to MZOPU on the prescribed form within 30 days of expiry of the permit. The MZOPU is responsible for keeping record of import, export and consumption of ODS and for compiling information on ODS import and export. Customs codes have been adjusted to facilitate monitoring of ODS import. Ms Hrvojka unjiæ Atmosphere Protection Department/Ozone Office Environmental Protection Division Ministry of Environmental Protection and Physical Planning Tel: (385-1) Fax: (385-1) hrvojka.sunjic@duzo.tel.hr 4.3 ODS import from and export to Non-Party Countries. Import and export of ODS from and to Non-Parties is prohibited (BLSDOL, Art. 4). 2 Special needs are defined in the BLSDOL Art. 12 as use of ODS contained in products intended for preserving human, plant and animal life; for national defence and safety; fire fighting, and traffic and scientific research safety when such products cannot be replaced by a more environmental friendly alternative. 112

15 Croatia 5 Controls on Import and Sale of Products Containing, Made with or Using ODS. Import and placing on the market of new and recovered products containing ODS listed in Groups I and II of Annex A, Groups I II and III of Annex B and Group II of Annex C of the Montreal Protocol is prohibited (BLSDOL Art. 6). However an exemption to this rule is made by Article 21 of the BLSDOL for products necessary to satisfy special needs until 31 December Such import requires a particular permission from the Ministry of Economic Affairs, which must in turn consult the MZOPU on the matter (BLSDOL 21). As of July 1, 1999, all products listed in Appendix 2 of BLSDOL have to be accompanied by a Statement of Product s Compliance, declaring that they do not contain ODS (BLSDOL, Art. 22). These products include: Cooling and air-conditioning devices that contain or use Annex A Group I ozone depleting substances (chlorofluorocarbons) in insulation and/or as refrigerants Aerosol products containing Annex A Group I ozone depleting substances (chlorofluorocarbons) as propellants, excluding medical use Products containing Annex B Groups II and III ozone depleting substances (carbon tetrachloride and 1,1,1-trichloroethane) as solvents). Fire-extinguishing apparatus containing Annex A Group II ozone depleting substances (halons), including portable fire-extinguishers and fixed fire-fighting systems. Products whose technological production processes involve Annex A Group I ozone depleting substances (chlorofluorocarbons) and Annex A Groups II and III ozone depleting substances (carbon tetrachloride and 1,1,1-trichloroethane) as solvents or foaming agents. 6 Controls on the Use of ODS (other than methyl bromide) - End Use Controls Beside ODS consumption control based on import/export company reports, the By-Law on Substances that Deplete the Ozone Layer also controls ODS consumption for maintenance purposes (see section 7). 7 Controls on Service and Installation of Refrigeration and Airconditioning Equipment ODS must be recovered during service/maintenance (BLSDOL, Art. 23) or decommissioning 3 (BLSDOL, Art. 24). of ODS-using refrigeration and air-conditioning equipment as of January 1, The operator of the equipment must keep a register in relation to servicing/maintenance (BLSDOL Art. 23) and decommissioning of ODS using equipment (BLSDOL Art. 24) of quantities of recovered ODS, handling of the operations and, in the case of service/maintenance, quantities of new/recycled ODS that has been added to the equipment. These data must be reported annually to the MZOPU on a prescribed form. Non-recyclable ODS are subject to hazardous waste management regulations/by-laws. Prior to their disposal on a landfill or during disposal operations household equipment must have ODS recovered from it by the facility operator (effective January 1, 2000). All persons or organisations doing maintenance and decommissioning of ODS using equipment need to obtain permission from MZOPU to do so (BLSDOL, Art. 26). The MZOPU is primarily responsible for the implementation of this by-law. see section 4.2. The actual controls on service and installation of refrigeration and air-conditioning equipment using ODS refrigerants are primarily governed by the Law on Standardization (ZOS) and the Ordinance on Technical Norms on Mobile Closed Containers for Compressed, Liquid and Under-Pressure Dissolved Gases. The ordinance contains requirements on service and installation enterprises and individual service technicians. 3 The rules relating to decommissioning only pertain to non/household equipment. 113

16 Regulations to Control Ozone Depleting Substances: A Guidebook Enterprises, as well as individual service technicians, installing or servicing refrigeration and airconditioning equipment are required to have certain qualifications which include basic education on refrigeration technology in accordance with the Law on School System and practical experience on refrigerants in accordance with the Law on Craft. Enterprises which fulfil these requirements are granted an authorization without which they would not be allowed to install or service the equipment. The same requirements apply to all refrigeration and air-conditioning equipment whether designed for ODS or for other refrigerants. The above mentioned regulations include requirements on maintenance of the equipment. The Ministry of Economic Affairs and the State Office for Standardization and Meteorology are primarily responsible for the implementation of these regulations. Contact persons: Ms. Sanja fielinski-matunec, advisor Ms. Snje ana Zima, M.Sc. Ministry of Economic Affairs Head of Standardization Department Ulica grada Vukovara 78 State Office for Standardization and Metrology Zagreb Ulica grada Vukovara 78 Croatia Zagreb Tel: (385-1) Croatia Fax: (385-1) Tel: (385-1) Fax: (385-1) There is no trade associations engaged in the development or implementation of Codes of Good Practice aimed at reducing emissions or use of ODS refrigerants, but the Croatian Chamber of Commerce is engaged in development and implementation of Codes of Practice in general. 8 Controls on Methyl Bromide As per By-Law on Substances that Deplete the Ozone Layer, methyl bromide will be phased-out by 1 January 2006 (section 15). Also, on the basis of the Plant Protection Law the Commission formed by the Ministry of Agriculture and Forestry decides, regarding present scientific findings and national/ international laws, which pesticide may be used on the territory of the Republic of Croatia and during what period of time. Mr. Robert Smolec, B.Sc., Senior Adviser Section of Agriculture, Food and Tobacco Industry Ministry of Agriculture and Forestry Ulica grada Vukovara 78 Zagreb Croatia Tel: (385-1) Fax: (385-1) Other authorities involved include the Ministry of Health, which issues licenses for import, export and sale of methyl bromide. Ms Ana-Vinka Zekan, M.Sc., Inspector Ministry of Health Ulica Baruna Trenka 6 Zagreb Croatia Phone: (385-1) Fax: (385-1) Voluntary Agreements There are no formal voluntary agreements with the industry on actions to phase out ODS, and no trade associations involved in the development or implementation of Codes of Good Practice to reduce use and emissions of ODS in any sector of application. 114

17 Croatia The Ministry of Environmental Protection and Physical Planning has an on-going co-operation with the trade association to promote reduction of the consumption of ODS in general: Ms. Andelka Bedrica Croatian Chamber of Economy Department Rooseveltov trg Zagreb, Croatia Tel: (385-1) Fax: (385-1) Economic Incentives and Disincentives There is no specific regulation that makes it possible to grant duty exemptions for import of environmentally friendly equipment. Also, Croatia has not introduced any economic disincentives to discourage use of ODS. 11 Labelling Requirements The By-Law on Substances that Deplete the Ozone Layer states that, starting from July 1, 1999, all products when placed on wholesale market have to be accompanied with a Statement of Product s Compliance, declaring that they do not contain ODS. In addition the Law on Environmental Protection (ZOZO) contains a general obligation for manufacturers to provide warnings on environmental pollution that can be caused by their products, raw material and the packaging material (ZOZO, Sec. I.50). MZOPU is in charge of the implementation of this regulation. 12 Criteria for Selection of Alternatives Croatia has no governmental guidelines or officially established criteria for the selection of acceptable alternatives to ODS. The issue will be addressed in the lectures for maintenance workers and companies as a part of the Refrigerant Management Plan project. 115

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19 Czech Republic (Information provided in August 2000) 1 Status The Czech Republic ratified the Montreal Protocol on 1 January 1993, the London and Copenhagen Amendments on 18 December 1996 and the Montreal Amendment on 5 November It is a Non- Article 5 country. 2 ODS Focal Point The authority responsible for implementing ODS phase-out strategies in the Czech Republic is Ministry of Environment of the Czech Republic. Dr. Jiri Dobiasovsky, Specialist Air Protection Department (odbor ochrany ovzdu í) Vrsovicka 65, Prague 10 Czech Republic Tel: (420 2 ) Fax: (420 2 ) dobiasovsky@env.cz 3 Regulations and Guidelines The ODS consumption in the Czech Republic is controlled by the following regulations: 1 Act of the Czech Republic No. 86/1995, Col. on Protection of the Ozone Layer of the Earth, 1 July Official number: 86/1995 Sb., cited here as Z86/1995, Sb. This Act ensures the implementation of the Montreal Protocol and its Amendments. 2 Decree of the Ministry of Environment No. 109/2000, Col. Regulating the Amount of Substances Depleting the Ozone Layer of the Earth that are Defined for the Basic Needs in , of 10 April 2000 Official number 109/2000 Sb., cited here as 109/2000 Sb.. This regulation establishes limits consumption of substances for basic needs in Decree of the Ministry of Environment No. 110/2000, Col. Regulating the Yearly Ceiling of Total Admissible Amount of Substances Depleting or Threatening Ozone Layer of the Earth Allowed to be Manufactured or Imported During the Years , from 10 April 2000 Official number: 110/2000, Sb., cited here as 110/2000, Sb.. This regulation establishes limits on consumption of HCFC and methyl bromide in Act No. 211/1993,Col. on the Ban of Production, Imports and Usage of Substances Depleting or Threatening the Ozone Layer of the Earth and of Products Containing these Substances, 8 June June Official number: 211/1993, Sb., cited here as Z211/1993, Col. The Z86/1995, Sb. And Z211/193 Col. are primary legislation whereas decrees 109/2000 Sb. and 110/2000, Sb. are Ministerial Orders. In addition to the above regulations there is a new regulation under preparation: Bill on the Protection of the Air and Ozone Layer of the Earth following the new Regulation of the European Parliment and of the Council on Substances that Deplete the Ozone Layer (LEX 2000R, 29 June 2000). Estimated time for final decision: November

20 Regulations to Control Ozone Depleting Substances: A Guidebook 4 Controls on ODS in Bulk (Other than Methyl Bromide) 4.1 Production, import, export and sale of ODS in bulk The import and production of the following substances is banned: Substance Date Regulation CFCs 1 January 1996 Z86/1995 Sb. Art. 4 Halon 1 April 1994 Z211/1993 Sb. Art.3 Carbon tetrachloride 1 January 1996 Z86/1995 Sb. Art. 4 1,1,1-trichloroethane 1 January 1996 Z86/1995 Sb. Art. 4 HCFCs 4 1 January 1996 Z86/1995 Sb. Art. 4 HBFCs 1 January 1996 Z86/1995 Sb. Art. 4 Import of HCFC and small quantities of other ODS for basic needs is still allowed (decrees 109/2000 and 110/2000 Sb.) but subject to a permit requirement (Z86/1995 Sb. Art. 5). Permits are given on the condition that import and export may only take place at determined customs points. The total allowable amount of ODS import and export is divided into individual quotas which are allocated to importers/exporters based on amounts imported/exported during earlier years. The authority responsible for handling import permits is the MZP. Dr. Eva Rychilkova, Director Dr. Jiri Dobiasovsky Air Protection Department (see section 2) Tel: (420-2) Fax: (420-2) Monitoring Import of ODS Information on ODS import is collected through mandatory reporting by all importers (Z86/1995 Sb Art. 7), regular surveys by consultants, information required in connection with the allocation of permits and customs statistics. Customs codes have been adjusted to facilitate the correct classification of ODS. It is the MZP that has the responsibility for collecting information on ODS import. Dr Jiri Dobiasovsky (see section 2) 4.3 ODS Import from and export to Non-Party countries Import from and export to Non-Party countries is banned (Z86/1995 Sb. Art.4). 5 Controls on Import and Sale of Products Containing, Made with or Using ODS Trade with Non-Party countries in products or equipment that is made with or containing ODS is prohibited in accordance with Annex D of the Montreal Protocol. Import of ODS containing products is banned also in relation to countries that are Parties to the Montreal Protocol (Z86/1995 Sb. Article 4). 4 Only ban on production, import is allowed until

21 Czech Republic 6 Controls on the Use of ODS (other than Methyl Bromide) End-Use Controls The Czech Republic have banned the use of some ODS for certain applications as follows below: Application Substance Date Regulation Aerosols CFC 1993 Z211/1993 Sb. Art. 2 HCFC1 Jan Z86/1995 Sb. Art. 4 1,1,1-trichloroethane 1993 Z211/1993 Sb. Art. 2 Foam packaging material CFC1 Jan Z86/1995 Sb. Art. 4 Flexible foams CFC1 Jan Z86/1995 Sb. Art. 4 Rigid foams CFC1 Jan Z86/1995 Sb. Art. 4 Domestic Refrigerators CFC1 Jan Z86/1995 Sb. Art. 4 Commercial, industrial and CFC1 Jan Z86/1995 Sb. Art. 4 transport refrigerators (new equipment) Mobile Air-conditioning CFC1 Jan Z86/1995 Sb. Art. 4 (new installations) Stationary Air-conditioning CFC1 Jan Z86/1995 Sb. Art. 4 (new installations) Fire extinguishers Halon 1 Jan Z86/1995 Sb. Art. 4 (new equipment) HBFC1 Jan Z86/1995 Sb. Art. 4 There are no exemptions to these prohibitions. 7 Controls on Service and Installation of Refrigeration and Air- Conditioning Equipment There are no regulations or guidelines in the Czech Republic that deal with service or installation of ODS using equipment. Nor are there any rules on design or maintenance of equipment or on recovery and recycling. However, the government has established a cooperation with the Association of Refrigeration and Air-conditioning (SCHKT) aimed at promoting the reduction of use and emissions of ODS refrigerants. Contact point: SCHKT (Svaz chladicí a klimatizaèní techniky s.r.o.) Komunardu 6, Prague 7 - Holesovice Czech Republic 8 Controls on Methyl Bromide The consumption and use of methyl bromide is controlled through Z86/1995 Sb. like any other ODS. Import and export of methyl bromide requires a permit (for more details on the import/export licensing system see section 4 above). The responsible authority is the MZP. Jiri Dobiasovsky (see section 2) 9 Economic incentives and disincentives All produced or imported regulated ODS, including substances contained in imported products, are subject to a particular fee (Z86/1995 Sb.) in amount of 200 CZK per kg of substance (around 6 USD) (Z86/1995 Sb. Article 6). The fee is an income for the State Environmental Fund for special use in protection of the ozone layer (e.g. a support of the collection of ODS). The fee is not to be levied for substances used as feedstock or for substances imported to ensure protection of the health and lives of persons. The responsible authority is the State Environmental Fund. 10 Labelling Requirements Products that contain ODS must carry a label stating that fact (Z86/1995 Sb. Art. 3). 119

22 Estonia (Information provided in July 2000) 1 Status Estonia ratified the Montreal Protocol 17 October 1996 and the London and Copenhagen Amendments 12 April It is a Non-Article 5 country. 2 ODS Focal Point The authority responsible for implementing ODS phase-out strategies in Estonia is the Ministry for the Environment (Keskkonnaministeerium), KKM. Main contact person: Valentina Laius, Senior Officer Environment Management and Technology Department Toompuiestee 24 Tallinn ESTONIA Tel: (372) Fax: (372) valentina@ekm.envir.ee 3 Regulations and Guidelines 3.1 Regulations The following regulations control ODS in Estonia: 1 Ambient Air Protection Act, 22 April This Act gives the mandate for issuing regulations to prohibit or restrict ODS or ODS products. 2 Act on the Accession to the London and Copenhagen Amendments to the Montreal Protocol, 12 April Government Regulation on Adoption of Estonian Country Program for Phasing out Ozone Depleting Substances, May Government Regulation Establishing Requirements for Controlling Substances Depleting the Ozone Layer, 6 May Official Number 146, cited here as GR Ministry Regulation on the Implementation of the Import and Export Licensing System of Controlled Substances and Products Containing Controlled Substances, 14 April Official number: 43, cited here as KKM R Government Regulation to the Vienna Convention and Montreal Protocol Implementation, 8 April Official number: 254.k, cited here as MP Reg. 7 Act on the Accession to the Vienna Convention on the Protection of the Ozone Layer and Montreal Protocol on Substances that Deplete the Ozone Layer, 11 September The Ambient Air Protection Act 8 contains the mandate for listing substances and products for which the import, export, transit, manufacture and use is prohibited or requires a permit issued by the KKM. The GR 146 was issued under this mandate and lists the substances and products that are controlled under Estonian regulations. The KKM R. 43, which is a ministerial order was issued on the basis of GR. 146 and outlines the application procedure. 3.2 Guidelines The Ministry Regulation on Adoption of Estonian Combined Nomenclature (CN) codes for the ozone depleting substances and products 22 June 1999 (Keskkonnaministri käskkiri nr 310 Osoonikhiti kahandavate ainete ja neid aineid sisaldavate toodete nimekirjadele Esti kaufade nomenclatuvri koodide kinnitamine) Official number: 310. Cited here as CN Reg. 121

23 Regulations to Control Ozone Depleting Substances: A Guidebook 4 Controls On ODS in Bulk (other than methyl bromide) 4.1 Control of Production, Import, Export and sale of ODS Substances listed under GR 146 (i.e. CFCs, halons, carbon tetrachloride, 1,1,1-trichloromethane, HBFCs and HCFCs) may only be manufactured, used, imported, exported or transited under a written permission from the KKM (Ambient Air Protection Act 8). Import, export, production and consumption of CFC-11, 12, 113, 114, 115 and halon will be prohibited as of 1 January 2002 (GR 146, s. II, 14). Permits are required for import, export and manufacture of all ODS controlled under the Montreal Protocol. The KKM R. 43 outlines the application process. There is no quota system for import and export of bulk substances. Customs make a note on the permit of quantities actually imported to the country. When applying for an import, export or transit permit the applicant must submit information on turnover of ODS for the last two years, quantities, chemical and common name and customs codes for the substance, and whether the substance is virgin or recycled (KKM R.; Annex 1). If the substance is being imported the applicant must also state the purpose, time and place of the import. If the substance is to be exported information must be included about the purpose of export and volumes of new substances exported as raw materials. Permits are also required for production of ODS. The applicant must again state the turnover of ODS over the last two years and the name, formula and quantity of the ODS (MoE R Annex 1). It is the KKM that receives applications for permits and takes the final decision in the issue. Valentina Laius Rein Raudsep, Director (see section 2)Environment and Technology Department Tel: (372) Fax: (372) Monitoring of ODS import Information on ODS import is gathered by the KKM through voluntary information from importing companies, information gathered in connection with the import permit applications and customs statistics. The customs codes have been modified to facilitate the correct classification of ODS. Valentina Laius (See section 2) 4.3 Import from and export to Non-Parties Trade in ODS with Non-Party countries is prohibited (GR 146 Section II, import and export - point 10; 11; 12; 13). 5 Controls on Import and Sale of Products Containing, Made with or Using ODS The Ambient air Protection Act prescribes that a permit is needed for import and export of those products containing ODS which are listed under the GR 146. In the application for a permit to import products containing ODS the applicant must submit information on turnover of ODS within the last two years, the name and customs code for the product, the type and quantity of ODS contained in the product and exporting country. (KKM R. 43 Annex 1). The authority responsible for issuing permits is the KKM. Valentina Laius Harry Liiv, Director (see section 2)Environment Department Tel: (372) Fax: (372)

24 Estonia 6 Controls on the Use of ODS (other than Methyl Bromide) End-Use Controls Estonia has prohibited the use of CFC in several applications as of the 1 January 2000 and HCFC as of 2015 as listed below (GR. 146, I). The use of 1,1,1-trichloroethane and halon is also prohibited in some applications: Application Substance Date Aerosols CFC 1 Jan HCFC 1 Jan ,1,1-trichloroethane 1 Jan Foam packaging material CFC 1 Jan HCFC 1 Jan Flexible foams CFC 1 Jan HCFC 1 Jan Rigid foams CFC 1 Jan HCFC 1 Jan Domestic refrigerators CFC 1 Jan HCFC 1 Jan Commercial, Industrial and CFC 1 Jan transport refrigerators - new equipment Mobile air-conditioning; CFC 1 Jan new installations Stationary air-conditioning; CFC 1 Jan new installations Dry cleaning CFC 1 Jan HCFC 1 Jan ,1,1-trichloroethane 1 Jan Other use of solvents CFC 1 Jan HCFC 1 Jan ,1,1-trichloroethane 1 Jan Sterilants and miscellaneous uses CFC 1 Jan HCFC 1 Jan ,1,1-trichloroethane 1 Jan Fire extinguishers; Halon Jan new equipment or installations Halon 1301 Halon 2402 The authority responsible is the KKM. Valentina Laius (see section 2) 7 Controls on Methyl Bromide The Act on the Accession to the Vienna Convention on the Protection of the Ozone Layer and Montreal Protocol on Substances that Deplete the Ozone Layer 1996, the Ambient air Protection Act 1998 and the Plant Protection Act 2000 control the consumption of methyl bromide in Estonia. Since the mid 1980s the Ministry of Agriculture has had strict rules on methyl bromide. Permits are required for import, export, sale and use of methyl bromide. The responsible authorities are the KKM and the Plant production Inspectorate. Contact persons: Enn Liive, Department head Jaan Saar, Head Estonian Plant Production Inspectorate Air and Radiation Division Teaduse 2, Saku Ministry of Environment Harjumaa Toompuiestee 24 ESTONIA Tallinn Tel: (372) /612/600 ESTONIA Fax: (372) Tel (373) tki@eol.ee Fax. (373) jaan@ekm.envir.ee 123