Scope and Coverage of Regulated Substances
- Covers ozone-depleting substances listed in Groups I and II of Annex A and Groups I, II and III of Annex B of the Montreal Protocol
- Includes substances alone, in mixtures, bulk, in equipment or in manufactured products
- Annex C and E substances not fully covered until ratification of amendments by Senate, except methyl bromide regulated by Fertilizer and Pesticide Authority
Control Measures and Phase-Out Schedule
- Manufacture ban of Section 2.1 substances from January 1, 2000
- Use in certified essential product manufacture allowed until December 31, 2010
- Import bans from various dates on CFCs and halons listed, with phased reductions based on 1996 baseline
- All importation prohibited from January 1, 2011
- Specific import quotas apply per importer and substance, based on weight percentages in mixtures
- Import of use systems or equipment with these substances controlled separately with a phase-out schedule by December 31, 2010
Registration of Importers
- Importers must register with DENR-EMB and obtain Certificate of Registration annually
- Requirement to demonstrate understanding, capability to handle, and compliance history
- Application requires forms, environmental clearances, business registration papers
- Violations may lead to cancellation of certificate
Accreditation of Dealers, Retailers, and Service Providers
- Accreditation system to ensure capability in handling ODS and compliance
- Certificates valid for one year and require renewal
- Application similar to importers, requiring compliance documents
Pre-Shipment Importation Clearance
- Mandatory clearance required prior to entry of ODS shipments
- Illegally imported substances subject to confiscation and forfeiture
- Application must include substance details, safety data, handling procedures, inventory and buyer info
- Clearance issued per shipment, valid for six months
- Distribution restricted to accredited providers or certified essential use entities
Recordkeeping Obligations
- Importers to maintain transaction records for clearance applications
- Records subject to inspection by DENR-EMB or authorized agencies
Confidential Business Information
- Importers may claim confidentiality on reports
- Department assesses and may grant confidentiality under conditions
- Non-confidential information treated as public document with limited disclosure exceptions
Penalties for Violations
- Violations punishable administratively and criminally under relevant environmental laws
Separability Clause
- Invalidity of any part does not affect remaining provisions
Effectivity
- Takes effect 15 days after publication in Official Gazette or two newspapers
[Notes]
- Ozone Depleting Potential (ODP) values guide regulation severity
- 1996 used as baseline consumption with allowances for unaccounted imports
- Quotas non-cumulative per year
- Specific documentation required for new and ongoing importations