Transcript Measures to prevent illegal trade in HCFCs

Measures to prevent illegal trade
in HCFCs:
The new EU Regulation and the
experience with iPIC
Cornelius Rhein
European Commission
DG Climate Action
Unit C 2 – Transport and Ozone
Regulation (EC) 1005/2009 on
the ozone depleting substances
• Directly applicable in all EU Member States
• Implementation of the Montreal Protocol, but
more ambitious than the Montreal Protocol
• Covers all controlled substances and mandates
reporting on some new ODS
• Controls all uses, even those not controlled
under exempted by the MP (e.g. QPS and
process agent uses)
• Applies since 1 January 2010
HCFCs
• Production until 2020 (Decision XIX/6), for
export only
• Placing on the market until 2015


For maintenance/servicing of existing RAC, but
reclaimed HCFCs only, recycled HCFCs may be
used in own installations or by the servicing
company
Labelling of containers and equipment
• Case-by-case exemption


Substances and products/equipment
not beyond 2019
Trade
•
Broader definition of “import” and “export”
also covering transit
•
Trade in ODS and products and equipment
only as far as the use is authorised in the
EU (no transit of R22 containing equipment)
•
Conditions for import and export are
congruent (except exports of virgin HCFCs
until 2020, imports banned)
•
Licensing for each single shipment
Trade – Import
General import ban for ODS and Products and
equipment containing or relying on ODS,
exemptions for
• ODS for essential laboratory and analytical uses
• ODS for feedstock or processing agents
• ODS for destruction
• MB for emergency uses and halons for critical uses
• P&E for essential analytical and laboratory uses
• P&E containing or relying on halons for critical uses
• P&E containing or relying on HCFC (if authorised on
case-by-case basis)
Trade - Export
General export ban for ODS and P&E
containing or relying on ODS, exemptions for
•
ODS for essential laboratory and analytical uses
•
Halons for critical uses listed in Annex VI
•
ODS for feedstock or process agent uses
•
P&E for essential analytical and laboratory uses
•
P&E containing or relying on halons for critical uses
•
P&E containing or relying on HCFC (if authorised on
case-by-case basis)
Trade - Licensing
• Applicable to all entries/exits procedures,
including transit and temporary storage.
Only good which could enter the EU and
remain less than 45 day on EU territory do
not need a licence to enter and leave.
• Applicable to products and equipment
• Legal basis to refuse licences under the iPIC
system
Benefits of iPIC
•
•
•
•
Prevention of illegal trade
Prevention of harmful trade
Focuses customs controls
Enhancing enforcement
iPIC should not prevent trade !
iPIC process in EU
Incoming request
iPIC
country?
Yes
No
Contact
licensing officer
Response?
Checking
licensing sheet
Listed
trader?
Yes
No
Issue licence
Trade
confirmed?
Yes
No
Do not issue licence
New legal basis
for iPIC
iPIC statistic EU
2007
2008
2009
Accepted
10 (40%)
13 (50%)
12 (55%)
No response
9 (36%)
8 (31%)
1 (5%)
Rejected
6 (24%)
5 (19%)
9 (41%)
Total
25
26
22
Trades licensed
per shipment
352
318
347
% of total
trades rejected
1,7 %
1,6%
2,9%
104
200
22
Metric tons
rejected
Recent iPIC results
• 23 March 2010 – Serbia / Malta
Import licence request from a Serbian company
 Export country: Malta
 Substance: approx 15000 metric tons HCFC
 Initial producer: China
 E-Mail sent by Serbia to EU
 EU informed that exporter is not
registered and holds no export licence
 Maltese authorities were informed and
carried out investigations


Recent info indicate that export took
place directly from China to Serbia, a
company in Malta was only by mistake
indicated exporter (to be confirmed)
Recent iPIC results
• 31 March 2010 – Spain / China




Export licence request from a Spanish company
Export destination: China
Substance: approx. 10 metric tons HCFC-22
Designated use: Refrigeration use on board of Hai Feng 823




E-Mail sent to China
China informed that importer is not
registered and holds no licence
EU did not issue the export licence
China informed that importer is now
registered and no licence is required
Improvement of
info sheets
• Should cover information on all substances
• Methyl bromide
– including for QPS
• HCFC
• Should explain possible exemptions
• Trades that are not subject to licensing
– Feedstock ?
– Ships ?
– ODS containing products ?
• Should be regularly updated/re-confirmed
Data comparison under
Decision XVII/16
• 2006


Total number of pairs /
Number of mismatches:
Potentially illegal trade:
90/65
11907 metric tonnes
• 2007


Pairs/mismatches:
Potentially illegal trade:
95/85
13651 metric tonnes
• 2008


Pairs/mismatches:
Potentially illegal trade:
87/23
5486 metric tonnes