Note on the Mechanism on Informal Prior Informed Consent of Export and Import of ODS Approach in NOU Serbia ECA enforcement network meeting 2009 & regional Green Customs workshop, Budapest, Hungary, October 2009 Dunja Dobric, Env. Eng. NOU Assistant Ministry of Environment and Spatial Planning Republic of Serbia

The Mechanism on Informal Prior Informed Consent of Export and Import of ODS (iPIC) aims at assisting member countries to implement licensing systems effectively so that they do not exceed their maximum allowable annual consumption levels, as contained in phase-out strategies or prescribed by the Protocol, as well as to effectively implement the national licensing systems;

Network countries proposed major exporting countries such as China, India and Republic of Korea to work closely with the importing countries to issue export licenses for quantities that match with the import licenses issued by the remaining countries. The other global exporters will also be informed of this process. The European Union has already indicated its cooperation in 2009.

Countries also agreed that in view of the recent strengthening of the control measures for HCFCs, iPIC system should also cover the control of import/export of HCFCs. The key element is that exporting countries check the copy of import licenses voluntarily before issuing export licenses. Similarly the importing countries inform exporting countries of their registered importers and the quantities allocated to them.

Basic elements/requirements of a licensing system to make the system work 1.All importers and exporters of CFCs and HCFCs need to be registered in their respective countries; 2.A license is issued per single shipment of CFCs and HCFCs; 3.An exporter should add the contract with his client to the request for import license, and the importer should add the contract with the exporter at the time of request of a license; 4.Exporters should give the details of the destinations to the NOUs of the importing countries.

Info Sheet ODS licensing [Serbia] 2009 Info Sheet ODS licensing for Serbia 2009 was prepared within the Air Protection Unit in the Ministry of Environment and Spatial Planning Preparation took few weeks in gathering ODS data already existing in Ministry register through ODS import/export licensing

In iPIC presented registered importers and exporters are classified by importing/exporting substances, name, contact information and imported quota [MT] Presented importers in the table are registered in the Chamber of Commerce of Serbia Amounts shown in the tables of iPIC sheet represent the total ODS imported quantity in 2008 by importers and allowed annual quota for import substances from Annex A is not allocated quota for each importer but for the substances

List of banned ODS and / or ODS- equipment Banned is import of used equipment containing ODS as well as new equipment containing controlled ODS from Annex A

Existing regulations to control import and export of HCFCs Name RegulationMain controls Date controls become effective Where to find* Comments Law on Environmental Protection (article 56) Ministry of Environment and Spatial Planning Law was published in Official Gazette RS 135/04 and came into force on on Ministry of Environment and Spatial Planning website address, which is below the table Decision on determination of provisions for export, import and marketing of goods Ministry of Finance of the, Customs Directorate Decision was published on in Official Gazette RS 126/2007 and came into force on on Customs Directorate website address, which is below the table Law on Air Protection (articles 51-54) Ministry of Environment and Spatial Planning Draft Law adopted in first quarter of 2009 Ministry of Environment and Spatial Planning Draft Decree on Substances that deplete the ozone layer Ministry of Environment and Spatial Planning Planned for adoption by the end of 2009 Ministry of Environment and Spatial Planning As requested if the legislation /regulation is available on a website, it should provide the website address e.g. (Law) (Decision)

Information on trade names of HCFC blends As its requested to provide any information available on trade names of blends that contain HCFCs and provide their composition in %-age of each component.

HS codes used in the country Represented as requested to include the HS codes (Harmonized System Codes) in the country for ODS’s including HCFCs and HCFC containing blends;

Penalties Requested to provide reference law, infraction and penalty; e.g. Law on Air Protection Commercial offence (Article 79.) for legal entity for: a) production of ODS; b) import and/or export of ODS, namely products containing these substances, which have been determined by ratified international agreement from the countries, namely to the countries which are not contract parties of that agreement; c) import and/or export and placing on the ODS’s and fluorinated greenhouse gases without the Ministry license; Penal sum from to RSD (23.720,33 USD to ,65)

Offence (article 81) for legal entity for: a) not providing education and vocational training programme; b) practicing activity of production, maintenance and/or repairing of products that contain ODS without the Ministry licence; c) installing new systems that use ODS; d) release (venting) of ODS and F-Gases; e) charging systems which are design for fluorinated greenhouse gases with ODS; f) flushing with ODS during maintenance; g) placing on the market and use of disposable containers; h) places on the market in retail ODS and F-gases; Penal sum from to RSD (7.906,78 USD to ,55 USD)

One example of application… EC consulted the licensing iPIC sheet of Serbia noting that the subject importer of R11 was listed as registered importer, upon which export license was issued; In reverse, Ministry with this consultations had information in advance on following license request.