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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.

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Presentation on theme: "Ozone Depleting Substances – Import and Export Controls Caitríona Collins BSc, MSc(Agr.), HDip(Mgt) Inspector Office of Climate, Licensing and Resource."— Presentation transcript:

1 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, 31 st March 2010

2 Overview nIntroduction to ozone depleting substances (ODS) nRelevant legislation and controls on ODS nRestrictions and prohibitions nWho’s who in ODS controls? nImport and export licensing nProcedures and timeframes nCN codes and Commission guidance nReporting by importers and exporters nInspections, investigations and illegal trade nConclusions nFurther information

3 Introduction to ozone depleting substances (ODS) nOzone depleting substances are chemicals which damage the ozone layer when released to the atmosphere nExamples: CFC/HCFC refrigerants, halon fire extinguishers, methyl bromide fumigant, certain solvents… nThe ozone layer acts as a filter to protect us from the sun’s harmful rays nChlorine and bromine in ozone depleting substances react with ozone (O 3 ) causing it to beak down nOzone depleting substances remain in the atmosphere for decades – their effect is long term

4 Relevant legislation and controls on ODS nMontreal Protocol – most successful global environmental agreement, with universal participation nPhasing out production and use of ozone depleting substances nApproximately 95% phase out achieved to date nEU Regulation – Regulation 1005/2009 n(replaced previous Regulation 2037/2000) nDirectly binding on all Member States nMore strict than Montreal Protocol nControls on production, import, export, placing on the market, use, recovery, recycling, reclamation and destruction of ODS, or products and equipment containing/relying on ODS nIrish Regulations – currently being revised

5 Restrictions and prohibitions nGeneral prohibition on production and placing on the market of ODS or products and equipment containing/relying on ODS nBut, various derogations and exemptions nSet out in Articles 7 – 14 of the Regulation nExamples: nNon-virgin HCFCs for use as refrigerants in maintenance/servicing nHalons in defined critical use applications (e.g. aircraft, military) nEssential laboratory and analytical uses nGeneral prohibition on import and export of ODS or products and equipment containing/relying on ODS nBut, various derogations and exemptions nSet out in Article 15 and Article 17 of the Regulation

6 Who’s who in ODS controls? nEuropean Commission nSet up and operate electronic licensing system nProcess and issue import/export licences nPublish manuals to explain import/export licensing procedures nEnvironmental Protection Agency – competent authority nResponsible for implementation and enforcement in Ireland nDoes not issue or make decisions on licence applications nCustoms – competent body nResponsible for checking import/export licences at entry/exit nImporters and exporters nMust operate within import and export licensing mechanisms established by the European Commission

7 Import and export licensing (1) nWhere ODS are permitted to be imported or exported, they must be accompanied by the relevant licence nODS imports are subject to quantitative limits, set by the European Commission annually nQuotas are assigned, based on these limits, to specified importers nODS exports are not subject to any such limits

8 Import and export licensing (2) nLicensing of imports and exports is set out in detail in Article 18 of the Regulation nApplications for licences must include detailed data such as: nName and address of importer/exporter nCountry of import and export nDetailed description of the ODS or products/equipment containing ODS nAppropriate CN (Combined Nomenclature) code nPurpose of proposed import nIntended date of import/export nRelevant Customs office where goods will be declared nPlus more…

9 Import and export licensing (3) nThe Commission: nMay share data with relevant Member State competent authorities nMay reject a licence application on specific grounds set out nWill decide on licence applications within 30 days of receipt nWill copy the licence to the competent authorities in the relevant Member States

10 Procedures and timeframes (1) nAll importers/exporters must register in Commission’s Main ODS Database: nDownload a form from the Commission’s website, complete it and return to Commission nRegistration is essential for: nDeclaring intention to import or export ODS nApplying for licence to import or export ODS

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13 Procedures and timeframes (2) nTo 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. TimeImport procedureExport procedure SpringCommission 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 – AugustImporters 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

14 Common Nomenclature (CN) codes nUnique CN codes are assigned to each ozone depleting substance (Annex IV of Regulation) nCN codes for ODS and potential ODS have been presented by the Commission in a non-exhaustive list nThe importer/exporter must be satisfied that goods are either not ODS, or are accompanied by the necessary licence nAll these CN codes have been flagged in TARIC database – the online Customs tariff database (integrated across EU)

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16 What to do if your import/export is stopped… (1) nReason… CN code is flagging ODS Regulation n"Import prohibition" and/or "Export prohibition“ text appears nTwo things to check: nIf the good is an ODS (or product/equipment containing/relying on ODS), then the appropriate licence is required nIf 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

17 What to do if your import/export is stopped… (2) nBox 44: nImports nE 013: Export licence "controlled substances" (ozone), issued by the Commission. (License required and present) nY 902: Goods other than those described in the footnotes linked to the measure (Licence not required) nExports nY 902: Goods other than those described in the footnotes linked to the measure (Licence not required) nL 100: Import licence "controlled substances" (ozone), issued by the Commission (Licence required and present) nBox 33: n4115: Goods, excluding waste, with ozone-depleting substances or relying on ozone- depleting substances n4116: Waste with ozone-depleting substances, or relying on ozone-depleting substances n4999: Other

18 Helpdesk nCustoms AEP Helpdesk nAvailable to answer all queries on SAD codes and CN codes nLo-call number: nThe Helpdesk is available from 9am to 5pm Mon-Fri. nQueries may also be ed to:

19 Commission guidance nCommission has published Licensing Manuals nGeneral information nImporters nExporters nProducers nLaboratories nCustoms nThese are “living” documents and the most up to date versions are available on Commission’s website nCommission Frequently Asked Questions nhttp://ec.europa.eu/environment/ozone/faq.htmhttp://ec.europa.eu/environment/ozone/faq.htm These are very useful information resources and should be used by all relevant parties

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21 Reporting by importers and exporters nArticle 27 of the Regulation nReporting requirements set out for all importers and exporters of ODS or products/equipment containing/relying on ODS nReports due by 31 st March each year, relating to previous calendar year nReporting format is determined by Commission and available to download (MS Excel file) from website:

22 Illegal trade nInspections and investigations to combat illegal trade in ODS nResponsibility of EPA, as competent authority nWith cooperation from Customs nCooperation also with other Member States nMember State responsibility to report on cases of illegal trade and any relevant investigations

23 Conclusions nSome ODS imports/exports are prohibited nSome are allowed with proper licence nPotential ODS will flag in TARIC nLicences are issued by the European Commission nRegistration in ODS Database is essential nGuidance Manuals and FAQs are available on Commission website nAll imports/exports must be reported to the Commission annually by 31 March

24 Further information nWeb links: nEPA - and nEuropean Commission - nDepartment of Environment, Heritage and Local Government - nhttp://www.environ.ie/en/Environment/Atmosphere/ProtectionoftheOzoneLayer/http://www.environ.ie/en/Environment/Atmosphere/ProtectionoftheOzoneLayer/ nContact EPA: Caitríona Collins or Celine Horner Environmental Protection Agency Johnstown Castle Estate, Wexford, Tel: nContact Customs AEP Helpdesk Lo-call number: (The Helpdesk is available from 9am to 5pm Mon-Fri) Queries may also be ed to:


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