Definition and Scope of Methyl Bromide Usage
- Controlled/non-QPS (Quarantine and Pre-shipment) uses subject to reduction and phase-out schedule based on a baseline of 10.3 ozone depleting potential (ODP) tons.
- Controlled/non-QPS uses include soil sterilization, stored product application, and structural fumigation (e.g., flourmills).
- QPS uses exempt from phase-out, specifically for quarantine or pre-shipment treatments.
Definition of QPS Applications
- Quarantine Application: Treatments authorized by national plant, animal, environmental, or health authorities to prevent pests' spread or establishment.
- Pre-shipment Application: Treatments done within 21 days prior to export to meet import/export requirements, authorized by relevant authorities.
Coordination and Certification for QPS Use
- QPS applications coordinated with Bureau of Plant Industry - Plant Quarantine Service (BPI-PQS).
- Issuance of Phytosanitary or Fumigation Certificates by BPI-PQS to acknowledge QPS use.
Suspension and Restriction of Permits for Controlled/non-QPS Use
- Suspension of Permit to Purchase MB for controlled/non-QPS users until further notice.
- Flourmills with prior reported structural fumigation usage may continue until FPA training and transition to alternatives.
- Special or emergency use outside export/import fumigation requires special FPA permit.
Permit Issuance Procedures
- Permit covers volume equivalent to previously liquidated QPS applications, supported by BPI-PQS certificates and disposition reports.
- Permit issuance within seven (7) working days upon complete application.
- Incomplete reports returned to applicant.
Reporting and Documentation Requirements
- Monthly Disposition Reports to be submitted to FPA by the 15th day of the succeeding month.
- All export/import fumigation must be coordinated with BPI-PQS for proper documentation and certificates.
Restrictions on Use and Sales of Methyl Bromide
- Prohibition on using existing MB inventory for controlled/non-exempt fumigations.
- Strict enforcement of "No Permit, No Sale" and "No Disposition Report, No Permit to Purchase" policies.
Penalties and Sanctions
- Administrative sanctions include suspension or cancellation of FPA licenses and permits.
- Sanctions applicable to importers, distributors, handlers, and applicators.
- Potential filing of criminal cases under Presidential Decree No. 1144.
Effectivity and Supersession
- This Circular takes effect January 1, 2006.
- Supersedes FPA Memorandum Circular No. 03 s. 2005 dated September 6, 2005.
Authorities Involved
- Fertilizer and Pesticide Authority (FPA) as the issuing and regulating body.
- Bureau of Plant Industry - Plant Quarantine Service (BPI-PQS) for coordination and certification.
Summary of Key Legal Concepts
- Compliance with international obligations under Montreal Protocol.
- Clear demarcation between QPS (exempt) and controlled/non-QPS (regulated) applications.
- Strict procedural requirements for permit issuance and MB usage reporting.
- Coordinated inter-agency approach for regulation and enforcement.
- Legal and administrative accountability for violations of regulations.