Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 2004-08)
The policy of the State is to regulate, control, restrict or prohibit the import, export, use, manufacture, distribution, processing, storage, possession and sale of Ozone-Depleting Substances to abate or minimize their risk and hazards to the stratospheric ozone, public health, and the environment.
The CCO applies to chemical substances under Annex A (Groups I and II), Annex B (Groups I, II, and III), and Annex C (Groups I & II) of the Montreal Protocol, as amended, listed in ANNEX II. Annex E substance (Methyl Bromide) is covered under separate pesticide regulations.
A Controlled Substance is any chemical subject to control measures such as phase-out requirements under the Montreal Protocol.
Essential Uses are those ODS usages exempted from control measures or phase-out, such as laboratory and analytical uses or cases where no acceptable alternative is available, and exemption is granted on a case-by-case basis by the Meeting of the Parties.
Importation of CFC 11 and CFC 12 for manufacturing products and equipment has been banned since January 1, 1998.
- From Jan 1, 1999: Not exceeding the average importation from 1995 to 1997 - From Jan 1, 2005: Reduced by 50% - From Jan 1, 2007: Reduced by 85% - From Jan 1, 2019: All importation prohibited Additionally, all importation for CFC-11 was absolutely prohibited from Jan 1, 2005.
Importers must register with the Department through the Bureau annually and show proof of attendance to a DENR-Bureau seminar, capability to handle ODS responsibly, commitment to participate in refrigerant reclamation, and compliance with RA 6969 and other environmental laws. Documentary requirements include registration forms, environmental certificates, business registration documents, material safety data sheets, handling procedures, and other required documents.
Prohibited acts include back conversion, installation of CFC-using systems, sale/use of small disposable CFC containers, import/manufacturing of products containing Halons or CFCs (except metered dose inhalers), use of CFCs in mobile air conditioners from specific years, use of CFC-11 as blowing agent for foam, intentional release/venting and flushing with ODS.
Violators are administratively and criminally liable under Sections 43 and 44 of DAO No. 29 series of 1992, Sections 13-15 of RA No. 6969, and other laws. Violations also constitute grounds for cancellation of registration certificates for importers, dealers, resellers, service shops, and technicians' competency certificates.
All must keep records of all transactions and prepare an annual report for the Bureau by January 31 of the following year. Service providers must keep records for validation. Records must be available for inspection by authorized government officers at any time.