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
Apr 02, 2015
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 (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: 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 ozone-
depleting 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 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
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 HelpdeskLo-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]