Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 2013-25)
The main policy objective is to regulate, restrict, or prohibit the importation, manufacture, processing, sale, distribution, use, and disposal of chemical substances and mixtures that pose unreasonable risk or injury to health or the environment, specifically to abate or minimize risks and hazards to the stratospheric ozone, public health, and the environment.
The CCO covers chemical substances listed under Annex A (Groups I and II), Annex B (Groups I, II, and III), and Annex C (Groups I and II) of the Montreal Protocol, including their forms as defined under the Protocol, such as substances alone or in mixtures, bulk forms, contained in equipment or products. Methyl Bromide, although an ODS, is regulated under different laws due to its use as a pesticide.
The phase-out of HCFCs includes: by 2013, imports not to exceed baseline consumption; by 2015, a 10% reduction and ban on HCFC-141b for foam manufacturing except servicing; by 2020, a 35% reduction with a ban on HCFC-22 for manufacturing except servicing; by 2025, a 67.5% reduction with a ban on HCFC-123 except servicing; by 2030, a 97.5% reduction and ban on blends containing HCFCs; by 2040, absolute ban on importation except essential use servicing allowance during 2030-2040 period.
Any person who imports ODS for any industry or activity is required to register with the Department of Environment and Natural Resources (DENR) through the Environmental Management Bureau (Bureau). Registration requires proof of capability to handle ODS responsibly, compliance with notification requirements under RA 6969, and submission of supporting documents such as ECC, SEC/CDA/DTI registration, MSDS, and handling procedures.
Applicants must show understanding of ODS impacts and handling capabilities, attend relevant training within the last three years, comply with RA 6969 and DENR AO No. 29 regulations, submit a duly accomplished registration form, ECC or CNC, business registration documents, MSDS, and safety handling procedures. Renewal applications must be submitted within the last 30 days of the calendar year.
PSIC is a required clearance that registered ODS importers must secure from the DENR through the Bureau before ODS shipments enter the Philippines. Shipments without PSIC will be considered illegally imported and subject to confiscation. PSIC applications include submission of forms with detailed shipment and transaction information and valid supporting documents.
Violators are subject to administrative and criminal liabilities under RA 6969, DENR AO No. 29, and applicable laws. Penalties include cancellation of registrations for importers, exporters, dealers, retailers, and service providers; revocation of DTI accreditation for shops; cancellation of TESDA certificates for technicians; and possible interim stop orders by DENR.
Essential use refers to exemptions from phase-out and control measures granted for uses critical to health, safety, or societal functioning where no acceptable alternatives exist. These uses do not count toward a country's consumption under the Montreal Protocol and are granted globally (e.g., laboratory uses) or on a case-by-case basis by the Meeting of the Parties.
Administrative violations include back conversion (charging systems with CFC/HCFC differently designed), installation of CFC systems, sale/use of small disposable containers with CFCs, manufacturing or placing in market of products with Halons or CFCs, use of banned CFC-containing equipment, intentional venting of ODS, use of CFC-11 as blowing agent or flushing agent, and possession of unregistered refrigerants or mislabeling controlled substances.
They must register on an enterprise and site-specific basis with the DENR Regional Office by demonstrating training and understanding of ODS impact and safe handling (proof of training in the last five years), submit accomplished and notarized forms, relevant business permits and registration, and annual disposition reports. Certificates are valid for one calendar year and renewal applications must be timely submitted.
Service providers including technicians, mechanics, contractors, and repair shops who handle ODS-using equipment must register with DENR through the Bureau. They must have TESDA certification or DTI accreditation and show capability in handling and phasing out ODS responsibly, adhering to good practices set in the Code of Practice for Refrigeration and Air conditioning.
The annual import quota system limits the volume of ODS imported per substance per calendar year in accordance with the phase-out schedules. It is non-cumulative, meaning unused quota does not roll over. It helps the Philippines meet its commitments to reduce ODS consumption progressively until full phase out.