0 General Informaton Manual en v1.3
0 General Informaton Manual en v1.3
0 General Informaton Manual en v1.3
DIRECTORATE-GENERAL
CLIMATE ACTION
Directorate A - International & Mainstreaming
CLIMA.A.2 - Climate Finance, Mainstreaming, Montreal Protocol
Manual
PART I
Version 1.3
May 2017
ANNEXES ........................................................................................................................ 19
Annex 1 Glossary for Manual Part I - IV .................................................................. 19
Annex 2 Abbreviations used in Manual Part I - IV ................................................... 22
Annex 3 ODS trade restrictions under the Montreal Protocol .................................. 23
Annex 4 Record of changes to the document ............................................................ 24
The Regulation prohibits imports as well as exports of ODS and products & equipment
containing or relying on ODS. However, there are exemptions to this prohibition. A
licence is required in case of import/export of ODS (in any quantity) for exempted uses.
Licences are issued by the European Commission3 (the Commission) with the use of the
ODS Licensing System.
• types of ODS imports and exports which are permitted in the European Union
(EU),
• a glossary,
• a list of abbreviations,
In summary, Manual Part 1 provides general information about the requirements for ODS
trade. The titles of the sections are presented in the form of questions to guide the reader
1
http://eur-lex.europa.eu/ search — year: 2009, number:1005, type: Regulation.
2
The controlled substances are listed in Annex I of Regulation (EC) No 1005/2009.
3
European Commission, Directorate General Climate Action, e-mail: [email protected]
4
For access to the remaining parts of the manual see https://circabc.europa.eu/w/browse/d514949d-f5cf-
484c-b274-fdafeeb87ae4 The manuals are available at CIRCABC online forum. Go to tab 'Library' and
next to folder '1. Manuals'
The Regulation prohibits the imports and exports of ODS but there are exemptions to the
prohibition. This chapter describes which types of imports/ exports of ODS are permitted
in the European Union.
Substances listed in Table 1 are controlled in the European Union. They are split into
nine groups. In this manual these substances are referred to as ozone-depleting
substances (ODS).
The import and export of substances from Table 1 is prohibited with the exceptions
outlined in Table 3 and Table 4 of this manual. A licence is required if the import/ export
of these substances is allowed as a result of an exemption.
The trade of products & equipment which contain or reply on any of the substances from
Table 1 is restricted. Table 2 provides examples of products & equipment. It also gives
examples of substances to mark the difference between the two.
Equipment:
1) Aircraft which includes portable extinguishers or fixed systems
containing halon,
2) Refrigerator and air conditioner,
3) Heat pump.
Ozone-depleting Substances:
substances 1) Halon 1301 in a pressurised gas cylinder which is not designed
for a specific use (e.g. a standard gas bottle),
2) CTC in a glass bottle for laboratory uses.
Mixtures:
1) A bottle containing CFC 12 (5%) and methanol (95%),
2) A refillable container of R-501 (blend of HCFC-22 and CFC-12).
The trade of any substances and products & equipment containing or relying on ODS is
restricted. Trade activities listed in Table 3 and Table 4 below are exempted from the
general import and export prohibition. The imports and exports of ODS for uses outlined
in Tables 3 and 4 are subject to licencing.
Process agent use Import of substance for process agent use - Restricted to the following substances: CFCs (groups I) and
CTC (group IV)
Export of substance for process agent use - Use must be listed in Annex III of the Regulation
- Importer must hold quota corresponding to the intended import
Essential laboratory or Import or production of substance for laboratory or - Use must be essential; for example listed in Commission
analytical uses analytical use Regulation No 291/2011
- Importer must hold quota corresponding to the intended import
Export of substance for laboratory or analytical use
Use of HCFC for Import of HCFC for repackaging and re-export - Restricted to the following substances: HCFCs (group VIII)
refrigeration, foam - Imported ODS must be repackaged
blowing, fire-fighting, Export of HCFC for refrigeration, foam blowing fire- - Imported ODS must be re-exported until end of the year
solvents etc. fighting, solvent use and other uses following the import year
- The above is permitted until 31/12/2019
- Exports restricted to export of virgin or reclaimed HCFC
5
The purpose for which the undertaking imports/ exports the ODS
Emergency uses of Import of methyl bromide for emergency use - Restricted to the following substance: methyl bromide (group
methyl bromide VI)
- Prior authorisation is required
Critical uses of halon Import of halon for critical use - Restricted to the following substances: halons (group III)
- Use must be critical; it must be listed in Annex VI of the
Export of halon for critical use Regulation
Destruction Import of substance for destruction - Destruction facility must be indicated in advance
For essential laboratory or analytical uses it is allowed to import and export ODS for
exempted essential uses and also it is possible to produce these substances in the
European Union. A non-exhaustive list of the essential uses can be found in the labODS
Registry Manual6 and in the Annex of Commission Regulation No 291/20117.
Another ODS that can be produced in the EU is HCFC (e.g. for refrigeration, foam
blowing fire-fighting or solvent use). However, it is not allowed to place the HCFC
produced for these uses on the European market and it has to be exported out of the EU.
It is allowed to import HCFC for refrigeration, foam blowing fire-fighting or solvent use
provided that the HCFC is repackaged and re-exported out of the EU until the end of the
year following the import year. Therefore the use of HCFC in the EU is prohibited.
The import of methyl bromide is prohibited with the rare exception of use of methyl
bromide in case of emergencies as well as feedstock and laboratory use.
Moreover, with the exception of feedstock and laboratory use, the import/ export of
halons for uses other than critical uses is prohibited. A list of the exempted critical uses
can be found in Annex VI of the Regulation.
European undertakings can also import any ODS for the purpose of destroying it in a
destruction facility in the European Union. Exports for destruction are not permitted.
The trade of most products & equipment containing or relying on ODS is prohibited. The
cases of permitted activities are summarised in Table 4.
6
https://circabc.europa.eu/w/browse/e36f27d0-890d-4e8f-8dec-3b1a468c07e4; also available on the
CIRCABC online forum https://circabc.europa.eu/w/browse/29f68da8-3a37-4a57-9bb9-868e6fe48b3e
— go to the ‘Library’ tab
7
Commission Regulation No 291/2011 on essential uses of controlled substances is available at EUR-Lex
http://eur-
lex.europa.eu/Notice.do?val=562328:cs&lang=en&list=578906:cs,578594:cs,573208:cs,562328:cs,&p
os=4&page=1&nbl=4&pgs=10&hwords=
Table 4 Permitted trade activities for products & equipment containing or relying on ODS
Use8 Activity allowed Conditions
Laboratory or analytical Import of products or equipment for laboratory or
uses analytical use
Critical uses of halons Import of products or equipment containing halon for - Only products & equipment containing Halons (group III) are
critical use on aircrafts permitted
- Use must be critical; it must be listed in Annex VI of the
Import of products or equipment containing halon for Regulation
critical uses other than aircrafts
Destruction Import of products or equipment for destruction - Destruction facility must be indicated in advance
HCFC exempted uses Import of products or equipment covered by an - Only products & equipment containing HCFCs (group VIII) are
exemption decision permitted
- Prior exemption decision is required
8
The purpose for which the undertaiking imports/ exports the ODS
Use8 Activity allowed Conditions
Export of products or equipment covered by an
exemption decision
Metered dose inhalers Export of metered dose inhalers - Only MDIs containing CFCs (group I and II) are permitted
- The quantity intended for export must be covered by an essential
use nomination under Regulation (EC) No 2037/2000
The imports and exports of goods for uses outlined in Tables 3 and 4 are subject to
licencing. However exceptions to this rule exist.
Undertakings request licences through the ODS Licensing System and the Commission
issues the licences by the use of the online system. The procedure for registering in the
ODS Licensing System is described in Manual Part II and information about how to
apply for licences and production authorisations can be found in Manual Part III.
Any physical or virtual movement from or into the customs territory of the Community is
considered an import/ export. This includes transit, customs warehousing and other
temporary imports.
The licensing requirement does not apply in rare cases when the ODS goods remain in
the EU no longer than 45 days and are not subsequently presented for release for free
circulation in the European Union, destroyed or processed. Four customs procedures are
exempted from the licencing requirement under the 45 day re-export rule.
The customs procedures exempted under the 45 day re-export rule are:
• transit,
• temporary storage,
• customs warehousing,
Although a licence is not required in the case described above, such imports and re-
exports are subject to the reporting obligations under Article 27 of the Regulation.
Undertakings making use of the above exemption are encouraged to apply for an import
licence if it is uncertain that the 45 day re-export deadline will be met.
A shipment from an EU country to another EU country does not require an ODS licence
because this is not considered as import/ export.
Since the implementation of the single market in the European Union only trade with
countries outside the European Union is considered as import/ export. However some
territories in some Member States are not part of the European Union (i.e. Faroe Islands,
Channel Islands, Isle of Man). A separate document listing the conditions for trade with
certain territories of EU Member States is available on CIRCABC9. Furthermore, for the
purpose of this Regulation trade with Monaco is considered import/ export although
Monaco is part of the customs territory.
3.3. Can I do imports/ exports of ODS with any country in the world?
The imports and exports of ODS for uses outlined in Tables 3 and 4 are permitted and
subject to licencing. However even if the trade of an ODS is permitted there are cases
where this is overruled. An ODS licence will not be issued in cases of import/ export of
certain substance groups to certain countries as a consequence of an exclusion defined in
the Regulation. The Regulation under Article 20 (1) prohibits the import/ export of ODS
and of products & equipment containing or relying on ODS from/ to any country not
party to the Montreal Protocol.
The possibility to import/ export a substance depends on if the country has ratified the
following amendments:
• If the Montreal Protocol itself was ratified then CFCs (group I) and halons (group
III) can be imported/ exported,
• If the London Amendment was ratified then other CFCs (group II), CTC (group
IV) and TCA (group V) can be imported/ exported,
• If the Copenhagen Amendment was ratified then Group VI (methyl bromide) and
Group VII (HBFCs) can be imported/ exported,
• If the Beijing Amendment was ratified then HCFCs (group VIII) and BCM
(group IX) can be imported/ exported.
The possibility to import/ export a substance also depends on if the trade is with a
developed country or a developing country: In general, developed countries have stricter
requirements imposed than developing countries. Annex 3 to this manual provides
information about the trade limitations for developed and developing countries.
9
See list of territories for details. https://circabc.europa.eu/d/a/workspace/SpacesStore/dab38573-f415-
4cf1-991b-
21f2a9128153/Territories%20&%20countries%20with%20a%20special%20relation%20to%20the%20
EU%20and%20trade%20rules The list of territories is available at CIRCABC online forum. Go to tab
'Library' and next to folder folder '2. Other supporting documents for ODS licensing'
10
A list of the countries indicating which amendment was signed is provided by the UNEP Ozone
Secretariate http://ozone.unep.org/new_site/en/treaty_ratification_status.php
In short trade of ODS with countries which have not ratified a certain amendment of the
Montreal Protocol is not allowed.
3.4. Where can I find the legal text about requirements for ODS licensing?
For information on types of imports/ exports of ODS, which are exempted from the
general import and export prohibition in the European Union, see Article 15 and 17 of
the Regulation. Article 15(2) outlines which types of ODS imports are allowed and
Article 17(2) provides a list of exemptions for exports of ODS. The types are listed based
on the use of the ODS.
Article 15(3) and 17(4) of the Regulation indicate that a licence is required for activities
listed in Article 15(2) and Article 17(2) respectively. The exemption to the licencing
requirement is outlined in Article 15(3) and 17(4). Four customs procedures are
exempted from the licence requirement under the 45 day re-export rule.
Annex I to the Regulation outlines the controlled substances. The import/ export of these
substances is subject to licensing. Substances listed in Annex II to the Regulation (i.e.
new substances) are not controlled substances and are not covered under Article 15 and
17 of the Regulation; therefore are not subject to licensing.
Although imports/ export for activities outlined in Article 15(2) and Article 17(2) of the
Regulation are allowed under the condition of a licence, this may be overruled by Article
20(1) prohibiting the import and export of controlled substances and of products &
equipment containing or relying on controlled substances from and to any State not party
to the Montreal Protocol.
Definitions of terms used in the above articles are explained in Article 3 of the
Regulation.
11
See list of territories for details. https://circabc.europa.eu/d/a/workspace/SpacesStore/dab38573-f415-
4cf1-991b-
21f2a9128153/Territories%20&%20countries%20with%20a%20special%20relation%20to%20the%20E
U%20and%20trade%20rules The list of territories also available at CIRCABC online forum. Go to tab
'Library' and next to folder '2. Other supporting documents for ODS licensing'
12
http://eur-lex.europa.eu/ search — year: 2009, number:1005, type: Regulation.
An importer must hold quota for the import of the ODS in the case of some imports.
Quota is also required for the production of ODS for some uses. This chapter provides
more information about the types of imports/ production that require quota.
Undertakings apply for import and production quota through the ODS Licensing System
and the Commission processes the quota applications by the use of the online system.
Quota is allocated annually for the next calendar year. Information about how to apply
for quota can be found in Manual Part III.
4.1. Must importers apply for quota before applying for a licence?
Importers of ODS must have quota if the use of the ODS is subject to quantitative limits.
• feedstock uses,
In the above cases the importer must apply for ODS quota in advance.
4.2. Must exporters apply for quota before applying for a licence?
Exporters do not need to have quota because exports are not subject to quantitative limits
under the Regulation.
4.3. Must producers apply for quota before applying for a production
authorisation?
Producers of ODS must have quota only if the use of the ODS is subject to quantitative
limits.
13
This use category does NOT include import of halon-based fire extinguishers and aircrafts with such
extinguishers on board. Imports of products and equipment containing or relying on halon to satisfy
critical uses do not require quota. Halon-based fire extinguishers fall into the category of products and
equipment.
In the remaining cases quota is not required. Below are examples of uses for which the
production does not require quota:
• HCFC for export for the use as a refrigerant in non-EU flagged ships,
In the above cases the producer does not need to apply for a production authorisation in
the ODS Licensing System. National legislative requirement are applicable in such case.
4.4. Where can I find the legal text about requirements for ODS quota?
Article 16 of the Regulation outlines in which cases quantitive limits apply for ODS
imports. Article 10 of the Regulation indicates that there is a limit in the quantity for
ODS authorised annually for import and production for essential laboratory and
analytical uses. Based on the two articles, the following activities are subject to
quantitative limits:
b) Import for free circulation in the European Union for critical uses (halons),
c) Import for free circulation in the European Union for feedstock uses,
d) Import for free circulation in the European Union for process agent uses (CFC
and CTC).
The Commission allocates quotas for a), b), c), and d). The quotas are determined on the
basis of quota applications and:
• in accordance with Article 16 of the Regulation for the cases b), c) and d) above.
14
http://eur-lex.europa.eu/ search — year: 2009, number:1005, type: Regulation.
15
Commission Regulation (EU) No 537/2011 on the mechanism for the allocation of quantities of
controlled substances allowed for laboratory and analytical uses in the Union available on EUR-Lex
http://eur-
lex.europa.eu/Notice.do?val=574029:cs&lang=en&list=607332:cs,574029:cs,&pos=2&page=1&nbl=2
&pgs=10&hwords=
A list of contact points at the Commission and of the competent authorities in the
Member States is available at CIRCABC online forum, in library in folder '4. Contact
Information'16.
16
https://circabc.europa.eu/w/browse/91661b30-3bd7-4b25-b083-dbc64092175c
Term Definition
Commission European Commission, Directorate General Climate Action
Competent authority The authorities in the Member States responsible for ODS. For
the list of competent authorities see CIRCABC online forum, in
library in folder '4. Contact information'
https://circabc.europa.eu/d/a/workspace/SpacesStore/34dce2ba-
c117-4e31-b9c4-
266c8c2926e9/Competent%20Authority%20in%20Member%20
States%20contact%20information.pdf
Montreal Protocol The Montreal Protocol on Substances that Deplete the Ozone
Layer (1987). In 2009, the Montreal Protocol achieved universal
ratification. All countries have committed themselves to the
control of ODS.
ODS Licensing System The electronic system for issuing ODS licences.
https://webgate.ec.europa.eu/ods2/domain/ods
Reclaimed ODS ODS that has been processed to a level where the purity of the
ODS is equivalent in performance to virgin, taking into account
its intended use.
Recovered ODS ODS that has been taken out of e.g. an equipment and is awaiting
destruction, recycling or reclamation.
Recycled ODS ODS that has undergone a basic cleaning process and where the
ODS does not achieve equivalent performance of a virgin
substance.
For the purpose of the ODS Licensing System the use is the
purpose for which the undertaking imports/ exports the ODS.
Use category For the purpose of the ODS Licensing System a use category is a
high-level classification of uses. Example: Import or production
of substance for laboratory or analytical use
Use type For the purpose of the ODS Licensing System a use type is a
sub-division of a use category. Example: Import of substance for
laboratory or analytical use - Reference material in chemical
analysis (e.g. for calibration)
BCM Bromochloromethane
CFC Chlorofluorocarbons
CN Combined Nomenclature
CTC Carbon tetrachloride/Tetrachloromethane
EU European Union
HBFC Hydrobromofluorocarbons
HCFC Hydrochlorofluorocarbons
iPIC Informal prior informed consent
MB Methyl bromide
MDI Metered dose inhalers
NOU National Ozone Unit
ODP Ozone-depleting potential
ODS Ozone-depleting substances
QPS Quarantine and pre-shipment
TCA 1,1,1-Trichloroethane
The tables in this annex show which substances can be traded with "Article 2" and
"Article 5"17 countries depending on the ratification status of the country.
17
A party categorised as operating under Article 5 paragraph 1 of the Montreal Protocol is considered as
a developing country. A "Article 2" country under the Montreal Protocol is considered as a developed
country.
18
The list of Article 5 parties is provided by the UNEP Ozone Secretariate
http://ozone.unep.org/new_site/en/parties_under_article5_para1.php