Coverage
- Applies to importation, exportation, use, manufacture, distribution, possession, and sale of chemical substances listed under Montreal Protocol's Annexes A Groups I and II, B Groups I, II, III, and C Groups I and II.
- Methyl Bromide (Annex E) is regulated separately under pesticide laws.
- Includes substances alone, in mixtures, in bulk, part of equipment, or in manufactured products.
Definitions of Key Terms
- Establishes precise definitions for key terms such as Alternative Substances, Article 5 countries, Back Conversion, Bureau (Environmental Management Bureau), CFCs, Consumption, Controlled Substances, Department (DENR), Essential Uses, Flushing, HCFCs, Importer, Installation, Montreal Protocol, Ozone, Ozone Depletion, ODP, ODS, Ozone Layer, Party, Phase out, Reclamation, Recovery, Recycling, R-502, Servicing, and Venting.
Ban on Importation of ODS
- Affirmed ban on importation for manufacturing use of various specific ODS substances including certain CFCs and groups under Annex A and B from set dates in the 1990s.
- Exceptions allowed only for essential uses per the Montreal Protocol.
Phase-Out Schedule and Import Controls
- Importation allowed only for essential uses and servicing existing equipment.
- Implementation of individual annual import quotas for ODS substances managed by the Bureau.
- Import quotas calculated on substance content in mixtures.
- Non-cumulative annual quotas adhering to phase-out timetable reducing ODS imports progressively from 1999 to ultimate ban dates (e.g., complete ban on CFC-11 by 2005).
- Department may accelerate phase-out schedules as necessary.
Registration of Importers and Pre-Shipment Clearance
- Mandatory registration of ODS importers with DENR-Bureau, valid for one year with annual renewal.
- Registration requires proof of training, capability to handle ODS responsibly, participation in reclamation programs, and compliance with environmental laws.
- Detailed documentary requirements include SEC or equivalent registrations, Environmental Certificates, MSDS, and handling procedures.
- Annual import quota determination accompanies registration.
- Pre-shipment importation clearance is compulsory before ODS entry; shipments without clearance are illegal and subject to confiscation.
- Clearance applications must include comprehensive shipment data and documents.
- Distribution restricted to registered dealers, accredited parties, or essential use entities.
- Validity of clearances defined per substance type.
Registration of Dealers, Retailers, and Resellers
- Accreditation system for capability evaluation in handling ODS, with one-year validity and renewal.
- Similar requirements as importers including training, capability demonstration, reclamation commitment, and compliance with environmental laws.
- Application requirements include business registration documents.
- Only registered/accredited entities may engage in purchase, resale, distribution, and use of ODS.
- Dealers and retailers must observe a "Good Practice" Code in refrigeration and airconditioning.
Certification of Service Providers and Accreditation of Service Shops
- Service shops accredited by the Department of Trade and Industry (DTI).
- Service providers/technicians certified by TESDA based on competency standards.
- Obligations include capability for safe handling, emission minimization, and participation in phase-out measures.
- Adherence to "Good Practice" Code as a precondition for accreditation and certification.
Records Keeping
- All stakeholders (importers, distributors, dealers, retailers) must maintain transaction records and submit annual reports to the Bureau by January 31 annually.
- Service providers must keep transaction records available for validation.
- Records subject to government inspection anytime.
Confidential Business Information
- Report submitters may claim confidentiality over any or part of the data per DAO No. 29, with justification burden on the claimant.
- Confidential information is protected except under enumerated cases; non-confidential reports treated as public documents.
Prohibited Acts
- Explicitly prohibited acts include back conversion, installation of CFC containing systems, sale/use of small disposable CFC containers, unauthorized importation/manufacturing of equipment with Halons or CFCs (except inhalers), use of CFCs in certain motor vehicle air conditioners, use of CFC-11 in foam blowing, intentional venting/release during servicing, and flushing with ODS.
Penal Provisions
- Violators subject to administrative and criminal liability under relevant DAO and RA provisions.
- Grounds for cancellation of registration, accreditation, and certification related to importers, dealers, shops, and technicians.
Separability Clause
- Invalidity of any provision by court does not affect the validity and enforcement of other provisions.
Repealing Clause
- Previous Department Administrative Orders inconsistent with this Order are repealed or modified as necessary.
Effectivity
- The Order takes effect 15 days after publication, except for specific sections related to distribution and registration effective January 1, 2005.