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Ozone Depleting Substances – Import and Export Controls
Caitríona Collins BSc, MSc(Agr.), HDip(Mgt)
Inspector
Office of Climate, Licensing and Resource Use
Irish Exporters Association
Waterford, 31st March 2010
Overview
 Introduction to ozone depleting substances (ODS)
 Relevant legislation and controls on ODS
 Restrictions and prohibitions
 Who’s who in ODS controls?
 Import and export licensing
 Procedures and timeframes
 CN codes and Commission guidance
 Reporting by importers and exporters
 Inspections, investigations and illegal trade
 Conclusions
 Further information
Introduction to ozone depleting substances (ODS)
 Ozone depleting substances are chemicals which damage
the ozone layer when released to the atmosphere
 Examples: CFC/HCFC refrigerants, halon fire extinguishers,
methyl bromide fumigant, certain solvents…
 The ozone layer acts as a filter to protect us from the sun’s
harmful rays
 Chlorine and bromine in ozone depleting substances react
with ozone (O3) causing it to beak down
 Ozone depleting substances remain in the atmosphere for
decades – their effect is long term
Relevant legislation and controls on ODS
 Montreal Protocol – most successful global environmental
agreement, with universal participation
 Phasing out production and use of ozone depleting substances
 Approximately 95% phase out achieved to date
 EU Regulation – Regulation 1005/2009
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(replaced previous Regulation 2037/2000)
Directly binding on all Member States
More strict than Montreal Protocol
Controls on production, import, export, placing on the market, use,
recovery, recycling, reclamation and destruction of ODS, or products
and equipment containing/relying on ODS
 Irish Regulations – currently being revised
Restrictions and prohibitions
 General prohibition on production and placing on the market
of ODS or products and equipment containing/relying on ODS
 But, various derogations and exemptions
 Set out in Articles 7 – 14 of the Regulation
 Examples:
 Non-virgin HCFCs for use as refrigerants in maintenance/servicing
 Halons in defined critical use applications (e.g. aircraft, military)
 Essential laboratory and analytical uses
 General prohibition on import and export of ODS or products
and equipment containing/relying on ODS
 But, various derogations and exemptions
 Set out in Article 15 and Article 17 of the Regulation
Who’s who in ODS controls?
 European Commission
 Set up and operate electronic licensing system
 Process and issue import/export licences
 Publish manuals to explain import/export licensing procedures
 Environmental Protection Agency – competent authority
 Responsible for implementation and enforcement in Ireland
 Does not issue or make decisions on licence applications
 Customs – competent body
 Responsible for checking import/export licences at entry/exit
 Importers and exporters
 Must operate within import and export licensing mechanisms
established by the European Commission
Import and export licensing (1)
 Where ODS are permitted to be imported or exported, they
must be accompanied by the relevant licence
 ODS imports are subject to quantitative limits, set by the
European Commission annually
 Quotas are assigned, based on these limits, to specified
importers
 ODS exports are not subject to any such limits
Import and export licensing (2)
 Licensing of imports and exports is set out in detail in Article 18
of the Regulation
 Applications for licences must include detailed data such as:
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Name and address of importer/exporter
Country of import and export
Detailed description of the ODS or products/equipment containing ODS
Appropriate CN (Combined Nomenclature) code
Purpose of proposed import
Intended date of import/export
Relevant Customs office where goods will be declared
Plus more…
Import and export licensing (3)
 The Commission:
 May share data with relevant Member State competent authorities
 May reject a licence application on specific grounds set out
 Will decide on licence applications within 30 days of receipt
 Will copy the licence to the competent authorities in the relevant
Member States
Procedures and timeframes (1)
 All importers/exporters must register in Commission’s Main ODS
Database: http://ec.europa.eu/environment/ozone/ods.htm
 Download a form from the Commission’s website, complete it and return to
Commission
 Registration is essential for:
 Declaring intention to import or export ODS
 Applying for licence to import or export ODS
Procedures and timeframes (2)
 To request an import or export licence, importers/exporters should log in to the Main ODS
Database, open the link "My Home" and click on the button "Request" or "New" next to the
corresponding import or export license type.
Time
Import procedure
Export procedure
Spring
Commission publishes in the OJ a notice to
importers who wish to import ODS into EU in
the following year
Commission publishes in the OJ a notice
to importers who wish to export ODS from
EU in the following year
June – August
Importers who wish to import ODS in the
following year must submit an import
declaration in the Main ODS Database
Exporters who wish to export ODS in the
following year must submit an export
declaration in the Main ODS Database
October –
December
Commission adopts the Decision on import
quotas for the following year, publishes in OJ
and notifies importers
(No quotas apply to ODS export)
During year of
import/export
During the year of import, importers may
request licences in the ODS Database,
based on the quota allocated to them
During the year of export, exporters need
to request an export license in the ODS
Database, based on the export declaration
Common Nomenclature (CN) codes
 Unique CN codes are assigned to each ozone depleting
substance (Annex IV of Regulation)
 CN codes for ODS and potential ODS have been presented by
the Commission in a non-exhaustive list
 The importer/exporter must be satisfied that goods are either
not ODS, or are accompanied by the necessary licence
 All these CN codes have been flagged in TARIC database –
the online Customs tariff database (integrated across EU)
What to do if your import/export is stopped… (1)
 Reason… CN code is flagging ODS Regulation
 "Import prohibition" and/or "Export prohibition“ text appears
 Two things to check:
 If the good is an ODS (or product/equipment containing/relying on ODS),
then the appropriate licence is required
 If the good is not an ODS (or product/equipment containing/relying on
ODS), then the trader must declare this by inserting additional codes in
Box 44 and/or Box 33 of the SAD, depending on the commodity
What to do if your import/export is stopped… (2)
 Box 44:
 Imports
 E 013: Export licence "controlled substances" (ozone), issued by the
Commission. (License required and present)
 Y 902: Goods other than those described in the footnotes linked to the measure
(Licence not required)
 Exports
 Y 902: Goods other than those described in the footnotes linked to the
measure (Licence not required)
 L 100: Import licence "controlled substances" (ozone), issued by the Commission
(Licence required and present)
 Box 33:
 4115: Goods, excluding waste, with ozone-depleting substances or relying on ozonedepleting substances
 4116: Waste with ozone-depleting substances, or relying on ozone-depleting
substances
 4999: Other
Helpdesk
 Customs AEP Helpdesk
 Available to answer all queries on SAD codes and CN codes
 Lo-call number: 1890-204-304
 The Helpdesk is available from 9am to 5pm Mon-Fri.
 Queries may also be emailed to: [email protected]
Commission guidance
 Commission has published Licensing Manuals
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General information
Importers
Exporters
Producers
Laboratories
Customs
These are “living” documents and the most up to date versions are
available on Commission’s website
 Commission Frequently Asked Questions
 http://ec.europa.eu/environment/ozone/faq.htm
These are very useful information resources and should
be used by all relevant parties
Reporting by importers and exporters
 Article 27 of the Regulation
 Reporting requirements set out for all importers and exporters of ODS
or products/equipment containing/relying on ODS
 Reports due by 31st March each year, relating to previous calendar
year
 Reporting format is determined by Commission and available to
download (MS Excel file) from website:
http://ec.europa.eu/environment/ozone/reporting.htm
Illegal trade
 Inspections and investigations to combat illegal trade in ODS
 Responsibility of EPA, as competent authority
 With cooperation from Customs
 Cooperation also with other Member States
 Member State responsibility to report on cases of illegal
trade and any relevant investigations
Conclusions
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Some ODS imports/exports are prohibited
Some are allowed with proper licence
Potential ODS will flag in TARIC
Licences are issued by the European Commission
Registration in ODS Database is essential
Guidance Manuals and FAQs are available on Commission
website
 All imports/exports must be reported to the Commission
annually by 31 March
Further information
 Web links:
 EPA - www.epa.ie and www.ozone.ie
 European Commission - http://ec.europa.eu/environment/ozone/index.htm
 Department of Environment, Heritage and Local Government - www.environ.ie
 http://www.environ.ie/en/Environment/Atmosphere/ProtectionoftheOzoneLayer/
 Contact EPA:
Caitríona Collins or Celine Horner
Environmental Protection Agency
Johnstown Castle Estate, Wexford,
Tel: 053 9160600
Email: [email protected]
 Contact Customs
AEP Helpdesk
Lo-call number: 1890-204-304
(The Helpdesk is available from 9am to 5pm Mon-Fri)
Queries may also be emailed to:
E-mail: [email protected]