|
|
 |
Background
Since January 2006, the South Asia-South East Asia and Pacific network member countries, in order to better manage the import and export of the ODS in the region and to effectively implement the national licensing systems, have agreed on a mechanism of Informal Prior Informed Consent (iPIC) on Export and Import of CFCs.
In 2007, the European Community also fully participated in the iPIC, increasing significantly the effectiveness of the system.
The first workshop of the Regional Enforcement Network on Multilateral Environmental Agreements in Bali on 8-10 November 2007 recommended:
1. That, particularly the producing/exporting countries should be required to share information according to the PIC procedure (Decision MOP XVII/12).
2. In view of the recent strengthening of the control measures for HCFCs, the working group recommended the adoption of a mandatory PIC for HCFCs.
3. The quota system could be extended to export and import of HCFCs.
4. Countries may also consider extending the import/export quota system to HFC.
5. Strengthening the licensing procedure by establishing permits for each shipment and obliging importers & exporters to report domestically on the use of such permits is recommended for “large” producing and/or consuming countries.
In 2008 6 countries in the network for Europe & Central Asia (Armenia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan), as well as one country from Latin America (Columbia) joined and thus strengthened the effectiveness of the iPIC procedure.
In the first 2 months of 2009, already 6 more countries from the Latin American and Caribbean (LAC) region, namely Bahamas, Belize, Guyana, Jamaica, St. Lucia and Trinidad & Tobago, joined iPIC. This expansion shows global recognition of the effectiveness of the iPIC procedure.
During the second workshop of the Regional Enforcement Network on Multilateral Environmental Agreements in Bangkok, 24-26 September 2008, countries agreed to continue to use and enhance the Informal Prior Informed Consent (PIC) procedure for the Montreal Protocol (MP). The following actions are recommended to make the system more effective:
1. Information must be reviewed twice a year (start of the year (Feb- March) and middle of the year (31st July). To this end, UNEP will send a request to countries to inform whether any changes to the Information Sheet are to be made, and circulate the revised Information Sheets. However, countries are encouraged to inform UNEP of any revisions to be made to the Information Sheet at any time during the year.
2. A timely response is the key to the iPIC success, and is to be guaranteed by the use of phone calls and email for the fast exchange and delivery of information of registered importers and exporters among parties.
3. A confirmation of receipt should be issued on all exchanges of information. UNEP ROAP should be copied in all emails and should be informed of any difficulties in communication.
These recommendations mainly reflect the experience in applying the iPIC system, and aim at improving its effectiveness.
Basic elements/requirements of a licensing system to make the system work
1. All importers and exporters of CFCs and HCFC need to be registered in their respective countries;
2. A license is issued per single shipment of CFCs and HCFC;
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.
V. MOP and ExCom Decisions on HCFCs
At the 19th Meeting of the Parties to the Montreal Protocol (September 17-21 2007), the Parties agreed to accelerate to phase out HCFCs. The Executive Committee also encouraged measures that could facilitate management of HCFC phase-out. Therefore it is important to initiate a monitoring mechanism for the import and export of HCFCs.
At the 51st meeting of the Executive Committee of the Multilateral Fund in March 2007, a Decision was taking with regard to CTC control. UNEP was requested to organize discussions in regional network meetings about the possibility of voluntary agreements between CTC exporting and importing countries under which CTC exporting enterprises, prior to shipment, would have to request certificates from their importing clients to verify imports for feedstock use or under a valid import license obtained through the importing country's quota system. The Decision 51/11 specifies:
“(e) To request UNEP to organize discussions in regional network meetings about the possibility of voluntary agreements between CTC exporting and importing countries under which CTC exporting enterprises, prior to shipment, would have to request certificates from their importing clients that they had either verified feedstock use or had a valid import licence under the importing country's quota system, bearing in mind that decision VII/30 of the Seventh Meeting of the Parties required importers to provide exporters with a commitment that controlled substances imported for the purpose of being used entirely as feedstock in the manufacture of other chemicals should be used for that purpose only, and that importing Parties report the volumes of controlled ODS imported for that purpose to the Ozone Secretariat;”
Presently, the action plan includes limits for each country for CFCs only. Countries recommended iPIC could be a good platform to initiate such a mechanism on an informal basis (see I. Background).
Many countries have already included mandatory import licensing in their ODS Regulations (See VIII Status of licensing of HCFCs in the national regulations).
The format for the Information Sheet ODS Licensing for 2009, which provides the information needed for iPIC implementation has been revised to take this conclusion by countries into account, and is, attached in Annex I. The main amendments are the inclusion of:
Existing regulations to control import and export of HCFCs:
- Name of Regulation
- Main controls
- Date controls become effective Where to find
- Comments
and
Information on trade names of HCFC blends
- Please provide any information available on trade names of blends that contain HCFCs and provide their composition in %age of each component.
- HCFC blend
- Composition
- HCFC Blend
- Composition
Information on contact persons includes the details of UNEP Policy and Enforcement Officer / Regional Network Coordinator, of the Regional Network that the Country is a member of.
Click to see and download Information Sheet for ODS Licensing template
Action Plan for 2009 and What Is Expected from the Ozone Officers
1. National Ozone Units (NOUs) of importing countries agree to inform the exporting countries such as European Community (EC), China, India and Republic of Korea about their registered importers and quantities of CFCs and HCFCs allocated to them for 2009, wherever possible. This is to be done by 28 February 2009.
2. NOUs, when issuing import/export licenses for CFCs and HCFCs, would informally consult the list of registered importers/ exporters; in case an importer/exporter is not included in the information sheet licensing 2009; they send a email message to the contact person in the country of import/export to request for their approval or disapproval of the intended shipment; They may copy this request to the UNEP contact person to facilitate follow-up on the response; UNEP will ensure confidentiality of the information exchanges.
3. The importing NOUs, when issuing import licenses, should send a copy of the license to corresponding exporting NOUs. To facilitate legitimate CFCs and HCFC trade, the importing NOU should endeavor to send the copy within five working days of the issuance of the license. While this would be the ideal situation, the EU notes the following: ”Our licensing system operates electronically. We issue hundreds of licenses every year. In 2008 around 700 import licenses and about 900 export licenses, more than 300 of those related to iPIC countries. I cannot take the effort to individually send them to NOU.”
4. The exporting NOUs of countries such as EC, China, India and Republic of Korea would check corresponding import license documents before issuing export licenses, and would send the copy of the license to the corresponding importing NOUs. The EU remarks: “So far I never received an import license from an NOU.”
5. If the exporting country NOU has not received the import license documentation within 15 days of receiving the export license application, they are entitled to use their discretion to issue the export license without the import license documentation;
6. The importing NOUs would review that the import licenses should not be issued in excess of the limits set in the phase out plans. However, as there may be more than one exporting country for a specific ODS, this can only be considered as a crude check, and it is thus the the sole responsibility of the importing NOU to ensure their own compliance.
7. The exporting NOUs of countries such as EC, China, India and ROK would review that the export licenses should not be issued in excess of the limits set in the phase out plans of the importing countries (Tables in Point VII);
8. UNEP ROAP will facilitate the exporting countries not to unintentionally export ODS over the limit of the consumption to one country.
9. CTC exporting enterprises, prior to shipment, would have to request certificates from their importing clients that they had either verified feedstock use or had a valid import license under the importing country's quota system, bearing in mind that decision VII/30 of the Seventh Meeting of the Parties required importers to provide exporters with a commitment that controlled substances imported for the purpose of being used entirely as feedstock in the manufacture of other chemicals should be used for that purpose only.
The EU remarks however: “For the time being there is no requirement for a per-shipment-licensing on exports of CTC for feedstock uses, hence the EC cannot ensure this.”
All countries participating in the iPIC are encouraged to provide their ideas on how to improve these guidelines to obtain maximum effectiveness of iPIC.
The 2009 CFC Consumption and Production Table and Status of HCFC Licensing in the National Regulations The 2009 CFC Consumption and Production Table and Status of HCFC licensing in the national regulations (click to view)
Summary of iPIC Queries 2009 - as of 2 July 2009 |
|
|
