Ozone Depleting Substances Import and Export Controls Caitrona

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

Overview n Introduction to ozone depleting substances (ODS) n Relevant legislation and controls on ODS n Restrictions and prohibitions n Who’s who in ODS controls? n Import and export licensing n Procedures and timeframes n CN codes and Commission guidance n Reporting by importers and exporters n Inspections, investigations and illegal trade n Conclusions n Further information

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

Relevant legislation and controls on ODS n Montreal Protocol – most successful global environmental agreement, with universal participation n Phasing out production and use of ozone depleting substances n Approximately 95% phase out achieved to date n EU Regulation – Regulation 1005/2009 n n (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 n Irish Regulations – currently being revised

Restrictions and prohibitions n General prohibition on production and placing on the market of ODS or products and equipment containing/relying on ODS n But, various derogations and exemptions n Set out in Articles 7 – 14 of the Regulation n Examples: n Non-virgin HCFCs for use as refrigerants in maintenance/servicing n Halons in defined critical use applications (e. g. aircraft, military) n Essential laboratory and analytical uses n General prohibition on import and export of ODS or products and equipment containing/relying on ODS n But, various derogations and exemptions n Set out in Article 15 and Article 17 of the Regulation

Who’s who in ODS controls? n European Commission n Set up and operate electronic licensing system n Process and issue import/export licences n Publish manuals to explain import/export licensing procedures n Environmental Protection Agency – competent authority n Responsible for implementation and enforcement in Ireland n Does not issue or make decisions on licence applications n Customs – competent body n Responsible for checking import/export licences at entry/exit n Importers and exporters n Must operate within import and export licensing mechanisms established by the European Commission

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

Import and export licensing (2) n Licensing of imports and exports is set out in detail in Article 18 of the Regulation n Applications for licences must include detailed data such as: n n n n 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) n The Commission: n May share data with relevant Member State competent authorities n May reject a licence application on specific grounds set out n Will decide on licence applications within 30 days of receipt n Will copy the licence to the competent authorities in the relevant Member States

Procedures and timeframes (1) n All importers/exporters must register in Commission’s Main ODS Database: http: //ec. europa. eu/environment/ozone/ods. htm n Download a form from the Commission’s website, complete it and return to Commission n Registration is essential for: n Declaring intention to import or export ODS n Applying for licence to import or export ODS

Procedures and timeframes (2) n 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 Commission publishes in the OJ a notice importers who wish to import ODS into EU in to importers who wish to export ODS from the following year 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 October – December Commission adopts the Decision on import (No quotas apply to ODS export) quotas for the following year, publishes in OJ and notifies importers 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 Exporters who wish to export ODS in the following year must submit an export declaration in the Main ODS Database 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 n Unique CN codes are assigned to each ozone depleting substance (Annex IV of Regulation) n CN codes for ODS and potential ODS have been presented by the Commission in a non-exhaustive list n The importer/exporter must be satisfied that goods are either not ODS, or are accompanied by the necessary licence n 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) n Reason… CN code is flagging ODS Regulation n "Import prohibition" and/or "Export prohibition“ text appears n Two things to check: n If the good is an ODS (or product/equipment containing/relying on ODS), then the appropriate licence is required n 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) n Box 44: n Imports n E 013: Export licence "controlled substances" (ozone), issued by the Commission. (License required and present) n Y 902: Goods other than those described in the footnotes linked to the measure (Licence not required) n Exports n Y 902: Goods other than those described in the footnotes linked to the measure (Licence not required) n L 100: Import licence "controlled substances" (ozone), issued by the Commission (Licence required and present) n Box 33: n 4115: Goods, excluding waste, with ozone-depleting substances or relying on ozonedepleting substances n 4116: Waste with ozone-depleting substances, or relying on ozone-depleting substances n 4999: Other

Helpdesk n Customs AEP Helpdesk n Available to answer all queries on SAD codes and CN codes n Lo-call number: 1890 -204 -304 n The Helpdesk is available from 9 am to 5 pm Mon-Fri. n Queries may also be emailed to: aephelpdesk@revenue. ie

Commission guidance n Commission has published Licensing Manuals n n n n General information Importers Exporters Producers Laboratories Customs These are “living” documents and the most up to date versions are available on Commission’s website n Commission Frequently Asked Questions n 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 n Article 27 of the Regulation n Reporting requirements set out for all importers and exporters of ODS or products/equipment containing/relying on ODS n Reports due by 31 st March each year, relating to previous calendar year n 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 n Inspections and investigations to combat illegal trade in ODS n Responsibility of EPA, as competent authority n With cooperation from Customs n Cooperation also with other Member States n Member State responsibility to report on cases of illegal trade and any relevant investigations

Conclusions n n n 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 n All imports/exports must be reported to the Commission annually by 31 March

Further information n Web links: n EPA - www. epa. ie and www. ozone. ie n European Commission - http: //ec. europa. eu/environment/ozone/index. htm n Department of Environment, Heritage and Local Government - www. environ. ie n http: //www. environ. ie/en/Environment/Atmosphere/Protectionofthe. Ozone. Layer/ n Contact EPA: Caitríona Collins or Celine Horner Environmental Protection Agency Johnstown Castle Estate, Wexford, Tel: 053 9160600 Email: ods@epa. ie n Contact Customs AEP Helpdesk Lo-call number: 1890 -204 -304 (The Helpdesk is available from 9 am to 5 pm Mon-Fri) Queries may also be emailed to: E-mail: aephelpdesk@revenue. ie