DENR Administrative Order No. 25 of 2013 on revised Regulations on the Chemical Control Order for Ozone Depleting Substances (ODS)

Republic of fhe Philippines Department o f Environment and Naturd Resources Viayns Avenue, Diliinan, Quezon City Tel. Nos. (632)929-66-26 to 29 (632) 929-62-52 Websie: h?tp:hvww.denr.gov.phI E-mail:web@denrgov.ph DENRADMINISTRATWX ORDER NO.2013- 25 DEC 2 6 2013 SUBJECT : Revised Regulations on the Chemical Control Order for Ozone Depleting Substancm(ODS) Pursuant to the provisions ofExecutive Order 192 or the "Reorganization Act of the Department of Environment and Natural Resources"; Republic Act 6%9 or the "Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990";Republic Act 8749 or the "Philippine Clean Air Act of 1999"; and Philippine Senate Resolution No. 25 dated 10 March 1993 concurring with the ratification of the Monaeal Protocol on Substances that Deplete the OwmLayer as adjusted and amended; DENR Administrative Order No.2004-08 or the "Revised Chemid Control Order for Ozone Depleting Substances (ODs)" is hereby amended to implement further revisions of the Chemical Control Order for Ozone Depleting Substances(ODS),hereinafterreferred to as CCO. Section 1. Basic Policy. It is the policy of the State to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures that present unreamnable risk and/or injury to health or environment. This policy includes the export and destruction of ozonedepleting substances to abate or minimize risks and h a d s to the stratospheric ozone, public health, and the environmetk See. 2. Objectives, This CCO aims to: 1. Include the legal infrastructure to support the implementation of the Philippine Hydrochlorofluorocarbon(HCFC) Phase-out Management Plm (HPMP); and 2. Sustain the phase-out ofother ozone depleting substanus. See. 3. Coverage. 1 . This CCO covers the regulatio~control, restriction or prohibition of the importation, manufacture, processing, sale, export, distribution, use, disposal, storage, possession and destruction of chemical substances under Annex A, Groups I and II;Annex B, Groups I, U and HI; and Annex C, Groups I and II of the MontregI PTo~oGoI, as amended, listed in Appendix 1. 2 . Regardless ofsource, the chemical substancescovered by this CCO can be in forms defined under Article I, Paragraph 4 of the Montreal Protocol as clarified under Decision Y12A of the First Meeting of the Parties and Decision W4 of the Second Meeting of the Parties,herein attached as Appendix TI. 3. In general, these chemical substancescan exist alone or in mixtures, can be contained in bulk for transport andfor storage, as part of a use system or equipment, or used andlor contained in a manufactured product. While considered an ODs, Annex E substance (Methyl Bromide), being a pesticide, is covered by Section 9 of Presidential Decree 1 144, Department of Agriculture Administrative Order No. 17, series of 20 10 and Fertilizer and Pesticide Authority Memorandum Circular No. 0 1 series of 201 1. Sec. 4. Definition of Terms. The following terms as used in this CCO shall mean as rs: Alternative substance -- a replacement of ODS with zero Ozone Depleting Potential (QDP), such as hydrofluorocarbons WCs). Article 5 country - a developing country that is a party to the Montreal Protocol and whose amual calculated consumption of comlled substances is less than 0.3 kilograms per capita. Such country is considered to operate under Article 5 of the Montreal Prolocol. Back conversion - the act of charging with chlorofluorocarbon (CFC) or hydrochlorofluorocarbon (HCFC) a system designed for andlor using non-CFC or non-HCFC . Baseline consumption of HCFC - the average consumption of HCFC in ODP tames for 2009-20 10. Blended ODs - a combination or mixture of ODS and other chemical substances. Bureau - the Environmental Management Bureau. Chlomfluomearbons or CFCs - the family of chemicals that contains chlorine, fluorine and carbon. CFCs arc often used as refrigerants, aerosol propellants, cleaning solvents, and blowing agents (i.e., in the manufacture of foam). Consumption - the sum of production and imports minus exports of ODs. The amount recycled and reused is not considered as production. Since the Philippines does not produce nor export ODs, the country's consumption is equivalent to imports as measured by ODP weight. Controlled substance - any chemical that is subject to control measures, such as a phase-out requirement pursuant to the schedule of the Montreal Protocol on Substances that Deplete the Ozone Layer, as amended. Dealer - any person that buys ODS, ODs-containing equipment or ODs-containing product in any form in order to sell these for business or commeccial purposes. Dtpartmtnt -the Department of Environment and Natural Resoums. Destructiorr - the removal or obliteration of u n w e d 01)s with an efficiency of 99 .YA or higher using technologies approved for destruction of cancentrated sources (largely refrigerants) and for dilute sources (foams containing ODS). Destruction technologies may include cement kilns, argon and nitrogen plasma, and gaseous or fume axidation. The full list of approved technologies was updated at the ~3~ Meeting of the Parties through. Decision D l 2 p a l i 201 1). It also refers to a process which, when applied to controlled substances, m d t s in the permanent transformation or decomposition of all or a significant portion of such substances. Disposal of ODs - the col[ection, sortit~g, transport. storage, and treatment of unwanted ODs. Essential use - the use of ODS that is exempt from phase-out and other control measures. Exempted use of controlled substances does not count towards a country's consumption. A gIobal exemption has been granted for laboratory and analytical uses. Countries may request essential use exemptions on behalf of individual enterprises if the specific ODs i s either for health, safety or for functioning of society where no acceptable alternative is available. The Meeting of the Parties decides on such requests on a case-by-case basis. Exporter - any person that undertakes to bring outside of the country an equipment, substance, or product, in any form, including those that are used, stored, restored or recovered. which is intended for direct consumption. warehousing, sale, or distribution in another country. The term also includes a person who brings outside the country ;uly unwanted ODS or wastes containing ODS. Flushing - the act of cleaning a contaminated refrigeration or air conditioning system or a system with a burnt conlpressor by pumping or bbwing gas, medium or solvent through the system, then releasing the compounds to the atmosphere or to a system in contact with the atmosphere. Hydrochbrofluorocarbonn or HCFCs - the family of hydrogenated chemicals related to CFCs which contain hydrogen as well as chlorine, fluorine, and cubon. The hydrogen reduces their atmospheric lifetime, making HCFCs less ozone-depletiog than ClFCs and thus considered as transitional substances. Philippine HCFC Phaseout Management Plan or HPMP - the overarching strategy and investment projects aimed to phase out the use of HCFCs in the following sectors in the Philippines: foam, airconditioning and refrigeration, fire extinguishing and chillers, and servicing sectors. Implementation of the Philippine HPMP is supported by the Multilateral Fund (MLF) of the Montreal Protocol on Substanccs that Deplete the Ozone Layer and its Implementing Agencies such as the United Nations Development P r o g m n c (UNDP), United Nations Environment Progran~me (UNEP). IJnited Nations Industrial Development Organization (UNIDO), and the World Bank. lmporter - any person that undertakes the entry of an equipment, substance or product into the country that is intended Tor direct consumption, warehousing, sale. or distribution. Installaiion - any permanent mounting or setting-up of a system, or transfer of equipment from one location to another. which iilvolves opening the system to the atmosphere, such as when the piping has to be cut and reconnected, or involving fixed installation to water piping or electricity. Methyl bromide - an ozone-depleting substance that covers a broad spectrum of pesticides registered with the Fertilizer and Pesticjde Authority for use as space and soil fumigant fur the control of weeds, nematodes, fungi. and insect pests. Montreal Protocol on Substan- that Deplete the Ozone Layer or Montreal Protocol - the Protocol to the Vienna Convention, signed in 1987 and subsequently adjusted or amended. which co~nmits Parties to take concrete measures tu protect the ozone layer by freezing, reducing, or ending production and consumption of controlled substances. Ozone - a gas whose molecules contain three atoms of oxygen, and whose presence in the stratosphere constitutes the oznne layer that protects life against harmful radiation. Ozone is toxic to humans, animals, and plants at high concentrations. It is a pollutant when it occurs in smog in the lower atmosphere. Omne depletion - the process by which the stratospheric ozone is destroyed by man made chemicals, leading to a reduction in its concentration. Ozone-depleting potential or ODP - a mcasure of the ability of a substance to destroy the stratospheric ozone based on its atmospheric lifetime, stability, reactivity, and content of elements that can attack the ozone, such as chlorine and bromide. All ClDPs are based on the reference measure of 1 for CFC-1 I and CFC-I 2. ODP Tonne (equal to Metric Tonne x ODP) - a measurement of the ozone depleting potential weight of a substance. Ozone-Depleting Substance or ODs - any substance which is controlled under the Montreal Protocol and its amendments. ODS includes CFCs, HCFCs. halons, carbon tetrachloride. methyl chloroform, hydrobromofluorocarbons, bromochloro~nethane. and methyl bromide. O D s has an ozone-depleting potential greater than zero (0) and can deplete the stratospheric ozone layer. Ozone layer - a thin, fragile shield created as ozone forms and breaks down in the strntosphere. This ozone layer envelopes the entire earth which efficiently and effectively filters and screens most of the harmful ultraviolet (UV) rays like UV-B. Party - a country that signs andlor ratifies the Montreal Protocol and its relevant adjustments or amendments indicating that it agrees to be bound by the rules set out therein. Article 4 of the Montreal Protocol restricts trade with coulltries that are not parties to the Prolocol. Penon - a natural or juridical entity. A person may be an individual, a corporation, partnersllip, or association. Phaae-out - the ceasing of the production and consumption of a chemical substance controlled under the Motitreal Protocol other than those considered for essential uses. Pre-blended polyol - the product resulting from the mixing or blending of HCFC 14 1 b into polyols usually done by specialized facilities or system houses and are often traded across countries. Individual enterprises that manufaclure foam products usually procure such pre-blended or pre-mixed polyols. Recycle - the act of reducing contaminants in used refrigerants by separating oil, removing condensables, and using devices, such as filter dryers lo reduce moisture, acidity, and particulate matter. Reaeller - any person who is engaged in the business of buying an equipment, product, or substance in any form from a dealer or an original seller for the purpose of selling it to another. Retailer - any person who sells an equipment, pmduct, or substance in any f ~ r m directly to a consumer or end user. 36. R-502 - a blend of refrigerant composed of 51.2% CFC-115 and 48.8% HCFO-22. This is commonly used for low temperature refrigeration systems. 37. Sewice provider - any person cngaged in the business of or who directly performs the installation, maintenance, service, repair or operation of ODs-using equipment located on any land or water body. Service providers may be technicians, mechanics, contractors, service shops, and repair shops. 38. Servicing - any act of repair, maintenance, testing, or trouble-shooting of parts, including mechanical and electrical component, of existing ODS-using equipment located on any land or water body. 39. Venting - the practice of intentionally releasing andtor purging ODS to the atmosphere. Sen 5. Ban on Importation of ODS. This CCO affirms the previous ban on importation, except for essential uses, in any amount. of the following substances, whether alone or in mixtures, as provided under the Depmrnent's Notice to the Public dated December 1 998, relevant administrative orders, and listed in Appendix I of this CCO: 1. Annex A Group I a. CFC-11 and cFC- 12 banned for importation for manufacturing products and equipment since 0 I January 1998; b. CFC- 1 13 since 01 January 1 996; and c. CFC- I 14 and CFC- I 1 5 , except as component in R-502, since 0 1 January 1998: 2. Annex A Group I! since 01 January 1999; 3. Annex B Group I since 01 January 1999; 4. Annex B Group I1 since 01 January 1996; 5 . Annex B Group 111 since 01 January 1996; and 6. Anrlelt E Group 1: Non-QPS Methyl Bromide since 01 January 2009. Notwithstanding the above provisions, the importation of CFC- I I , regardless of sector or purpose, is absolutely hLmied since 01 January 2005. Further, importation of all CFCs, including those in R-502. regardless of sector or purpose, is absolutely banned since 01 January 2010. Sec. 6. Phase-Out Schedule and Control of Importation of ODS. 1. For Annex C Grnup 1 (HCFCs): a. By 0 1 January 20 13, imports shall not exceed the recorded baseline consumption in ODP tonnes. b. By 0 t January 201 5, imports shall have been reduced by 10% based on the recorded baseline consumption in ODP tonnes. By this date, all impartation of HCFC-14Ib and pre-blended polyols for foam (rigid and flexible) manufacturing will also be absolutely prohibited, except for the servicing and soivent sectors. c. By 01 January 2020. in~ports shall have been reduced by 35% based on the recorded baseline consumption in ODP tonnes. By this date, all importation of HCFC-22 for the manufacturing of refrigeration and air-conditioning will also be absolutely prohibited, except for the servicing sector. d. By 0 1 January 2025, imports shall have been reduced by 67.5% based on the recorded baseline consumption in ODP tonnes. By this date. all importation of HCFC-123 as cooling agent for chillers and as fire extinguishing agent will likewise be absolutely prohibited, except tbr the servicing sector. e. By 01 January 2030, imports shall have been reduced by 97.5% based on the recorded baseline consumption in ODP tonnes. Ry this date, all irnportatioil of blends containing HCFCs will likewise be absolutely prohibited. f. By 0 1 January 2040, importation shall have been absolutely prohibited By this date, all kinds of importation of HCFC substances for the manufacturing and servicing sectors, except for essential use, will be prohibited. g. However, during the period 2030-2040, an annual importation of 2.5% of the baseline consumption shall be allowed for the servicing sector. 2. Consistent with Section 6.1 .a-4.1 .g of this CCO, an annual import quota allocation system shall be implemented by the Department through the Bureau. 3 . The annual import quota is non-cumulative, that is, any remainder of the quota allocation for a particular substance is deemed consumed at the end of the calendar year. The total annual imports shall be in accordance with the phase-out schedule outlined in Section 6. l .a-6. l .g of this CCO. 4. The Department, through the Bureau, may accelerate the phase-out schedule fox the servicing sector a s it may deem necessary, through the issuance of arl appropriate policy instrument. Sec. 7. Registration and Renewal of Registration of Importers of ODs. I . Any person who imports ODS (regardless of source a s allowed under the agreements of the Montreal Protocol, as amended) for any ir~dustry or activity, such as those listed under Appet~dix IV, must register with the Department through the Bureau. 2. A Certificate of Registration issued by the Department through the Bureau is valid only for the calendar year when it was obtained. An application for the renewal of registration for every succeeding period prior to any importation must be submitted within the last thirty (30) days of the current calendar year. 3. A Certificate of Registration may he granted and renewed only upon showing pmof of the following: a. Understanding and appreciation of the role of ODS in depleting the stratospheric ozone and its consequences, as well as capability to take effective measures, including the necessary equipment, technology, training and infrastructure, for the purpose of effectively handling ODs, including responsible reuse of refrigerants, minimizitlg their emissions, and ultimately phasing out their use by replacing them with substitutes or alternatives duly recognized and certified by the Departnlent through the Bureau, as shown by proof of attendance or certificate of participation by the applicant firm's chemical handler in at least one relevant traininglseminar organized within the last three (3) years from the date of application by any of the following entities: i. DepartmcnVBureau; i i . Technical Education and Skills Development Authority (TESDA) and TESDA-accredited training institutions; i i i . Industry in-house seminars and hands-on training; or iv. Internationally-recognized or foreign-based training institutions. b Compliance with Section 8 (Pre-Manufacturing ruld Pre-Importation Notification or PM-PIN requirements) of Republic Act No. 6969; and Section 14 (Chemical Substances Inventory), Section 15 (PM-PIN), and Section 17 (Notificalivn of New Chemicals) of OENR Administrative Order No. 29. series of 1992 (Implementing Rules and Regulations of Republic Act No. 6969); and other pertinent environmental laws and regulations, such as the Philippine Environmental Impact Statement (EIS) system. 4. The application for registration, inciuding its renewal, must be accon~panied by the following documents: a. Duly accomplished and notarized registration form; b. Photocopy of the Environmental Compliance Certificate (ECC) or Certificate of Nan-Coverage (CNC) issued by the appropriate ot'fice of the Departn~ent; c. Photocopy of registration with the Securities and Exchange Commission (SEC), Cooperatives Development Authority (CDA), or Department of Trade and Industry (LII'I), with an updated list of its officers; d. Photocopy of the Material Safety Data Sheet (MSDS) from the manufacturing firm every time an importer applies for registration of a new chemical; e. Document describing the applicant's handling procedure, safety precautions, and emergency response for the chemical; and f. Other pertinent documents or information as may be required by the Department and the Bureau. 5. Notwithstanding the foregoing provisions, the Department through the Bureau may, at its option and when circumstances warrant, conduct further verification of the applicant's capability as an importer before the issuance or renewal of such registration. 6. For an importation covered by Section 6 hereof. the Department through the Bureau shall, upon evaluation of the application, detcnnine the annual quota per substance for every importer. See. 8. PreSLipment Importation Clearance (PSIC) for ODS. 1. Registered importers must secure a Pre-Shipment Importation Clearance (PSIC) from the Department through the Bureau prior to the entry of ODs listed in Section 3 and Appendix 1 (Annex C) of this Administrative Order in any area within the Philippine territory. Any shipment not covered by such importation clearance shall be deemed to have been illegally imported, in which case, the same shall be confiscated and forfeited in fawr of the government. Likewise, any transaction not covered by the terms and conditions of the said PSlC shall be considered a violation of this CCO. 2. Applicants for a PSlC must observe the following: a. The application for importation clearance for substmces under Section 3 of this CCO must be within the prescribed quota pursuant to Section 7.6 of this CCO; b. In order for applications to be considered as received for processing, an applicant must duly accomplish the application form arid pay the corresponding prescribed fees and charges; and c. Application forms shall be accomplished in three (3) copies and filed with the Department through the Bureau for assessment and evaluation. 3. The following information must be provided in the application for a PSIC: a. Commercial name, trade name, or brand name of the substance as usually pr~lmoted or marketed by the manufacturers; b Generic name of the substance; d. Port of loading or the country or port immediately before the substance enters the Philippine territory; e. Exporting company us any entity that transacts or brokers the chemical substance from the manufacturer to the importing company: and f. Current inventories of the substance that is the subject of the application for importation clearance, including the area or building within which the same is stored either for further transshipment or distribution. 4. All accomplished application forms must also include the following documents: a. Official receipt showing that the prescribed application fees and charges have been paid; b. Pho tvcopy of the pro-forma invoice; c. Photocopy of the accomplished Record of Actual Arrival of Ship~nent accompanied by a photocopy of the Bill of Lading issued by the carrier (shipping or transport contractor) of the most recent importation of the chemical made by the applicant. However, this provision does not apply to new or first-time importers; d. A summary of the transactions made under the most recent importation clearance issued on the same chemical applied for. However, this provision does not apply to new or first-time importers; e. Import Enlry and Internal Revenue Declaration; f. List nf intended buyers andlor end-users; and g. Any other pertinent documents that the Department and the Bureau may deein appropriate and necessary. 5. lmporters shall distribute these substances only to registeredlaccredired dealers, retailers, re-sellers, service providers and service shops pursuant to Sections 9 and 10 hereof or to those entities utilizing these substances for essential uses as certified by the Department through the Bureau. 6. The PSI17 shall only be issued on a per substance per shipment basis. 7. The PSIC shall be issued in three copies, one each for the Department, the Hureau of Customs, and the importer. 8. The PSlC shall only be valid within the same calendar year of the date of issuance. Applicants are thus encouraged to submit their respective applications for renewal and accompanying documents within the last thirty (30) days uf the curreilt calendar year. Sec. 9. Registration and Renew nl of Reghtmtion of Dealera, Retailem, and Resellers of ODs. 1. Consistent with the Department's Memorandum Circular No. 2005-23 an the Registration of Dealers. Re-sellers, and Retailers of ODs, any person who is engaged in trading, selling, andlor distribution of ODs (regardless of source a5 allowed under the agreements of the Montreal Prrjtocol, as amended) for any industry or activity, such as those listed under Appendix IV, inust first register with the Department through the concerned Regional Oftice of the Bureau in order to determine their capability in handling and using these subslarlces. Such registration is on an enterprise and site specific basis, and nut on a chemical basis. 2. A Certificate of Registration may be granted and renewed only when the applicant shows proof of the following: Understanding and appreciation of the tole of OUS in depleting the stratospheric ozone and its consequences. as well as capability to take effective measures, including the necessary equipment. technology, training and infrastructure, for the purpose of cffectiveiy handling ODs including responsible reuse of refrigerants, minirnizit~g their emissions, and ultimately phasing out their use by replacing them with substitutes or alternatives duly recognized and certified by the Department through the Bureau. as shown by proof of attendance or certificate of participation by the applicant firm's chemical handler in at least one relevant trainingiwminar organized within the last five (5) years from the date of application by any of the following entities: b. Technical Educatior~ and Skills Development Authority (TESDA) and TESD A-accredited training institutions; c. Industry in-hnuse seminars and hands-on training; or d. Internationally-recognized or foreign-based training institutions. Such training must include an orientation on the preservation of the ozone layer, the provisions of this CCO, and training o t ~ handling chemicals from suppliers (including refilling activities), 3. The application fox registration, including its renewal, must be accompanied by the following documents: a. Duly accon~plished and notarized registration form; b. Photocopy of registration with the Securities and Exchange Conlmission (SEC), Cooperatives Development Authority (CDA), or Department of Trade and lndustry (DTI), or local govemer~ t permits and clearances. and updated list of its officers; and c. Copy of the disposition report of the previous year 4. A Certificate of re gist ratio^^ issued by the Department through the Regional Offices of the Bureau is valid only for the calendar year when it was obtained. Applicants are thus encouraged to submit their respective applications for renewal and accompanying documents within the last thrty (30) days of the current calendar year. 5 . Only dealers. retailers, and re-sellers registered by the Department through the Regional Offices of the Bureau may purchase, re-sell. and distribute the ODs listed under Section 3 for allowable uses in Appendix IV. The ODS may only he sold or distributed to service providers that are duly registered under Section 10 of this CCO. Sec 10. Reghhtion and Renewal of Regis?mtion of Service Providers of ODS using Equipment. 1. Service providers of ODS-using equipment must register with the Department through the Bureau to determine their capability in handling and working on these substances. However. a Certificate of Registration may only be granted by the Department upon showing proof that the service provider has been duly certified by TESDA in the case of individual mechanics or those accredited by DTI in the case of servicelrepair shops. 2. Service providers should have the capability to take effective measures, including the necessary equipment, technology, training and infrastructure, for the purpose of effectively handling QDS. including responsible re-use of refrigerants, minimizing their emissions, and ultimately phasing out their use by replacing with substitutes or alternatives duly recognized and certified by the Departme~lt though the Bureau. 3 . Service providers shall adhere to the good practices in handlirlg and working with refrigerants set forth in the CJode of Pua~~l ice J;7r Refiigerarinn and Airrronditioning approved and adopted by the Department in 201 3. Service providers ?hall also participate in a system to recover, reclaim, and re-use refrigerants that will be led by the Department. A Certificate of Registration issued by the Department through the Bureau is valid for a period of three ( 3 ) years. Applications for renewal snay thus be submitted within the last thirty (30) days of the third calendar year. Sec. 1 1. Regulation of the Export of ODs, This CCO h r t h e r regulates the export of controlled substances, in any fijrm, whether alone or in mixtures, including those that are used. stored, reclaimed, recycled. or recovered as well as unwanted ODs. The export of wastes containing ODS shall, however. he governed by the appropriate Department rules and regulations on hazardous waste management and the Base1 Convention. The export of ODs shall be subject to licensing, in which case an export license shall be issued by the Department through the Bureau after verification of compliance with the requirements for export. The export uf ODS to any country that is not a party lo the Montreal Protocol and its amendments is prohibited. Sec. 12. Registration and RwewmI of Registration of Exporters of ODs. Any person who exports ODs (regardless o f source as allowed under the agreements of the Montreal Protacol, as amended) for any industry or activity, such as those listed under Appendix IV, must register with the Department through the Bureau. A Certificate of Kegistration issucd by the Department through the Bureau is valid only for the calendar year when it was obtained. Applicants are thus encouraged to submit their applications for renewal and accompanying documents within the last thirty t 30) days of the current calendar year. A Certificate of Registration may be granted and renewed only when the applicant shows proof of the following: Understanding and appreciation of the role nf ODS in depleting the stratospheric ozone and its consequences, as well as capability to take effective measures, including the necessary equipment, teclmology . trailling and infrastructure, for the purpose of effectively handling ozone-depleting substances, including responsible reuse of refrigerants, minimizing their emissions, and ultimately phasing out their use by replacing them with substitutes or alternatives duly recognized and certified by the Department through the Bureau. as shown by proof of attendance or certificate of participation by the applicant firm's chemical handler it1 at least one relevant trainitlglseminar organized within the last three (3) years from the date of applicaiiotl by any of the following entities: b. Technical Education and Skills Development Authority (TESD A) and TESDA-accredited training institutions; c. Industry in-house seminars and hands-on trainings; or d. Internationally-recognized or foreign-based training institutions. 4. The application for registration. including its renewni. must be accompanied by the following documents: a. Duly accomplished and notarized registration form; b. Photocopy of the Environmental Compliance Certificate (ECC) or Certificate of Non-Coverage (CNC) issued by the appropriate office of the Department; c. Photocopy of registrotim with the Securities and Exchange Commission (SEC). Cooperatives Development Authority (C DA), or Department of Trade and Industry (DTII, with an updated list of its officers; d. Photocopy of the Material Safety Data Sheet (MSDS) from the manufacturing firm every time an exporter applies for registration of a new chemical, when applicable: c. Document describing the applicant's handling procedure. safety precautions, ruld emergency response for the chemical; and f . Other pertinent documents or information as may be required by the DepaTtment and the Bureau. Sec. 13. Pre-Shipment Export Clearance (PSEC). 1. Registered exporters must secure a Pre-Shipment Export Clearance (PSEC) from the Department through the Bureau prior to the exit of ODs listed in Section 3 from the Philippine territory. Any shipmerlt not covered by such PSEC shall be deemed to have becn illegally exported. Likewise, any transaction not covered by the terms and conditions of the said PSEC clearance shall be considered a violation of this CCO. 2. Applicants of PSEC must observe the following: a. In order for applications to he considered as received for processing, an applicant must duly accomplish the application form and pay the prescribed fees and charges; and b. Application f n m s shall be accomplished in three (3) copies and filed with the Department through the Bureau. 3. 'The following informalion must be provided in the application for a YSEC: a. Commercial name, trade name, or brand name of the substance as usually promoted or marketed by the manufacturers; b. Generic name of the substance; c. Name of the manufacturing company: d. Yorl of entry nf receiving, country; and e. Importing company or any entity that transacts or brokers the chemical substance from the manufacturer to the exporting company. 4. All accomplished application forms must also include the following documents: a. Official receipt showing that the prescribed application fees and charges have been paid; b. Photocopy of the Material Safety Data Sheet (MSDS) from the manufacturing firm every lime an exporte~ applies for clearance of a new chemical, when applicable; c. Photocopy of rhe purchase nrder or its equivalent; d. Document describing the applicant's handling procedure, safety precautions, and emergency response for the chemical; and e. Photocopy or the Bill of Lading issued by the carrier (shipping or transport contractor). 5 , The PSEC shall only be issued on a per substance per shipment basis. 6 . The PSEC shall be issued in three copies. one each for the Department, the Bureau of Customs, and the exporter. 7. 'The PSEC shall be valid for a period not exceeding one (1) calendar year from the date of issuance. Sec. 14. Records Keeping. A11 importers, exporters, dealers, retailers, and re-sellers must keep a record of all transactions and prepare annud report, whch must be submitted to the Bureau by the 31" of January of the following year. The annual report shall be prepared according to forn~ats prescribed by the Bureau, All service providers shall likewise keep a record of all transactions, including quantity of recovered refrigerants, for purposes of validation by the Bureau. Records retained by impurlers. exporters. dealers, retailers, i n d re-sellers must be available for inspection at any time by an authorized officer of the Department through the Bureau. Sec. 15. Public Access to Records and Confidentiality of Business Informatian. The reports received by the Department or Bureau shall be considered as public documents. As such, the public shall have access to these records, repclrts or information concerning chemical substances and mixtures, including safety data submitted, data on emission or discharge into the environment. Such documenls shall be available fm irlspection or reproduction during nonnal business hours, except when the report, in full or part thereof, is claimed or regarded as confidential pursuant to Sections 4U(I) and 40(2) of DENR Administrative Order No. 29, series of 1992, in which case disclosure of information may only be allowed in cases under Section 40(3) thereof. Set. 16. Capability-Bdding Program. In order to support the implementation of the HCFC phase-out and promote the use of alternative substances, the Department through the Bureau shall formulate a capability-building program that will increase research as wet1 as information, education, and communication (IEC) efforts on this CCO. See. 17. Administrative Violations. In addition to the relevant provisions vf Republic Act No. 6969. Republic Act No. 8749. DENK Administrative Order No. 29. series of I992, and other violations arising from the implementation of Sections 4-15 of this CCO, the following acts and omissions shall be considered as administrative violations: a. Back conversion; b. Installativ~~ of CFC-using system; c. Sale and use of small disposable containers {less than 1 kg) with CFCs; d. Importation or manufacturing or placing in the market of products or equipment cot~taining flalons or CFCs; e. Use of CFC-containing equipment in mobile transportation starting in 201 2 pursuant to the DOTC-DENR Joint Administrative Order No. 03, series of 2006 or the "Enforcement of Regulation on the Implementation of the NC.PP on Motor Vehicles" under the Revised Chemical Control Order (CC.0) for Ozone Depleting Silbstances (ODS) (DENR Administrative Order No. 08, series of 2004); f. lJse of CFC- I I as blowing agent for foam manufacturing; g. Intentional release or venting of ODS; h. Use nf CFC-I 1 and other banned ODS as flushing or cleaning agent; and i . Possession of unregistered refrigerants, including nlislabeling of controlled substances. Sec 18. Penal Provisions. Any person who violates any provision of this CCO shall be adnlitlistratively and criminally liable pursuant to Sections 13, 14. and 15 of Kepublic Act No. 6969, Sections 43 and 44 of DENR Administrative Order No. 29, series of 1992 and other applicable laws, rules and regulations. Such violation shall also constitute grounds for the Department through the Bureau lo: a. Cancel the registration of importers, exporters. dealers, retailers, and re-sellers; b. Recommend the cancellation of the DTI accreditation of service or repair shops, and; c. Recommend the cancellation of the TESDA certificates of competency of technicians, mechanics, contractors, and other service providers. The foregoing administrative and penal provisions shall not prevent the Department through the Bureau from issuing interim orders to stop the continued mrnmission of the pertinent violation. Sec. 19. Separnbility Clause. If any part or section of this CCO is declared unconstitutional or invalid by a competent court, the other provisions hereof shall continue to be in force and effect as if the part ox section so declared unconstitutional or invalid had never been incorporated herein. Sec. 20. Repealing Clause. DENR Administrative Order Nos. 2004-08 or the "Revised Chemical Control Order for Ozone Depleting Substances (ODs)", 2002-22 or the "Deletion of Footnote No. 3 o f DENR Admillistrathe Order No. 2000-1 8", and 2000-18 or the "Chemical Contml Order for Ozune Depleting Substances (ODs)" are hereby repealed. All other Department orders and issuances inconsistenl herewith are hereby amended or modif ed accordingly. Sec. 21. Effwtivity. This CCO shall take effect fifteen (1 5 ) days after its publication in a newspaper of gmeral circulation and upon acknowledgment of receipt of a copy hereof by the Ofice of the National Administrative Register (ONAR). @ ;-.;; ;;.;S:"~ 0 "*IY-C M.W.... Recommending Approval HlllllllIlllll SENR0312Bg A m . Director Environmental Management Bureau Acknowledgement? ONAR, U.P. Iaw Center January 17, 2014 APPENDIX I' Annex A: CONTROLLED SUBSTANCES Group Substance h n e Depleting Potential* Group I CFC13 CFC- I 1 1 .O CFzClz CFC- 1 2 1 .O CzFgClf CFC- 1 13 0.8 C2F4Cla CFC- 1 14 1.0 CIF~CI CFC-115 0.6 Group IX CFzBrCl CF3Br CzFaBrz Halon- 12 1 I Halon- 1 30 1 Halon-2402 Annex B: CONTROLLED SUBSTANCES Group Substance Group I CF3CI C2FCls ClF2C14 CjFC17 C ~ F Z C ~ ~ C3F3C15 C3F4C4 C3FsCh c~FsCl2 C3F7C1 CFC- 13 CFC- I 1 1 CFC-112 CFC-211 CFC-212 CFC-2 13 CFC-2 14 CFC-2 1 5 CFC-2 1 6 CFC-2 1 7 Group TI CCla C d o n tetrachloride Ozone Depleting Potential* Group UI C~HJCI~" * 1,1,l -trichtoroethane* * 0.1 'Source: United Nations Enwonment Angmmm. Oxme Secretariat Handbook for h e Montreal Plotocol on Substances that Deplete the &me Layer. Ninth Edition (2012). *These ODSs are d m t e s based on existing h o w l d g e and wiU be reviewed and revised periodically. **This f o r d d ~ e s not refer to 1,1,2-uichlmmhme. ANNEX C: CONTROLLED SUBSTANCES Group Substance OzoneDepleting Common Uws Potential*"" Group 1 CHFClz HCFC-21**** 0.04 Refrigerant CWlC1 HCFC-22**** 0.055 CH2FC1 HCFC-3 1 0.02 C2T3FCla HCFC-121 0.01-0.04 c2HF2cb HCFC- 122 0.02-0.08 C2m3Cl2 HCFC-123**** 0.02-0.06 Fire Extinguishant CHCllCF3 HCFC-123 0.02 Refrigerant CiW4C1 HCFC- 124 0.02-0.04 Blowing agent CHFCICF3 HCFC-124**** 0.022 C 3 8 c l 3 HCFC- 1 3 1 0.007-0.05 CzHzF2Clz HCFC-132 0.008-0.05 CzHzF3c1 HCFC- 1 33 0.02-0.06 CzfiFClz HCFC- 14 1 0.005-0.07 CH3CFClz HCFC-14lb**** 0.1 1 Blowing agent CzH3FzCI HCFC-142 0.008-0.07 CH3CFaCl HCFC- 142b**** 0.065 C~H-IFC~ HCFC- 1 5 1 0.003-0.005 Cd-FClS HCFC-221 0.013-0.07 C3HFzCls HCFC-222 0.01 -0.09 C~JflF3CL HCFC-223 0.01 -0.08 C3m4cb HCFC-224 0.01 -0.09 C3HFsCla HCFC-225 0.02-0.07 Cleaning agent Solvent CF~CF~CHCIZ HCFC-225caa*** 0.025 Cleaning agent Solvent CFzClCFzCHClF HCFC-225cb* * * * 0.033 C l e a ~ n g agent Solvent C3HFsCl HCFC-226 0.02-0.10 ClH2FCls HCFC-23 1 0.05-0.09 C J - I ~ F Z C ~ ~ HCFC-232 0.008-0.10 c3&!F3cl3 HCFC-233 0.007-0.23 c3#4c12 HCFC-234 0.01-0.28 C3H2F3CI HCFC-23 5 0.03-0.52 C3H3FC14 HCFC-24 1 0.004-0.09 C3H3F2Cl3 HCFC-242 0.005-0.13 C3H3FaC h HCFC-243 0.007-0.12 C3H3F4Cl HCFC-244 0.009-0.14 C3H4FCb HCFC-25 1 0.001-0.01 c3w2c12 HCFC-252 0.005-0.04 C3W3C1 HCFC-253 0.003-0.03 C3HsFClz HCFC-261 0.002-0.02 C3H5F2C1 HCFC-262 0.002-0.02 CIH~ICI HCFC-27 1 0.001-0.03 **+Where a muge of ODPs is indimkd, h highest value in that range shall be used for the p m p e s of the Protocol. The OPPs lisfed as a single value have &a detmnhed from c a l ~ o f l s based on Iaboratory measuremenu. Tbase listed as a m g e are based on estimates and are less certain The m g e pertains to an isomeric gmup. The upper d m is the estimate of the ODP of the isomer with the highest ODP, and the lower value is he estimate of th ODP of the iwmer with the lowest ODP. ***Identifies the most commck ly viable substances with ODP values listed a m than to be used for the purposes M the Fmtwol. Group Substance (HBFC-22B1) ***Where a range of ODPs is indicated h e highest in hat range shall be used for the purposes of the Protocol. The ODPs listed as a single value have been determined from calculations based on labom1ory w m m a e u t s . -t%m listed as a rangs: EXG based oa w t e 9 and are less certain The mnge p t a k to an isomerjc group. Tbe u j p r d u e is the Fstimate uf the ODP d he isomer wifirh tbe hi- ODP, and the lower d u e is tbe estimate of the COP of the isomer with the lowest OW. ANNEX E: CONTROLLED SUBSTANCE Group Substance Ozone depleting poteo tial Group I C h B r Methyl bromide 0.6 Common use Quarantine pre shipment APPENDIX XI Decisions on Controlled Suhtancts Decision 1112A: Ciariffeation of terms and definitions: Controlled sobstrmaa (in bulk) The First Meeting of the Parties decided in Dec. 1/12A to agree to the following clarification of the definition of controlled substances (in bulk) in Article I, paragraph 4 of the Montreal Protocol: a. Article I of the Montreal Protocol excludes from consideration as a "controlled substance" any listed substance, whether alone or in a mixture, which is in a manufactured product other than a container used for transportation or storage; b. Any amount of a controlled substance or a mixture of controlled substances which is not part of use system containing the substance is a controlled substance for the purpose of the Pmtoool (i.e. a bulk chemical); c. I€ a substance or mixture must first be transferred fiom a bulk container to another container, vessel or piece of equipment in order to realize its intended use, the first container is in fact utilized only for storage andlor transport, and the substance or mixture so packaged is covered by Article I, paragraph 4 of the Pmtocol; d. If, an another hand, the mere dispensing of the product fiom container constitutes the intended use of the substance, then that mntainer is in itself part of use system and the substance contained in it is therefore excluded from definition; e. Example of use systems to be considered as products for the purposes of Article I, paragraph 4 are inter dia; i. An aerosol can; ii. A reliigerator or a rdiigerating plant, air conditioner or air-conditioning plant, heat pump, etc.; ... 111. A polyurethane prepolymer or any foam containing, or marmfactured with, a controlled substance; iv. A fire extinguisher (wheel or hand-operated) or an installed container incorporating a release device (automatic or hand-operated); f Bulk containers for shipment of controlled substances and mixtures containing controlled substances to user include (numbers being illustrative), inter alia; i. Tanks installed on board ship; i i . Rail tank cars (20-1 0 metric tons); ... ~ n . Road tankers (up to 20 metric tons); iv. Cylinders h m 0.4 kg. to one metric ton; v. Drums (5-300 Kg.); 8. Because containers of all sizes are used for either bulk or manufactured products, distinguishing on the basis of size is not consistent with the definition in the Protocol. Similarly, since containers for bulk or manufactured products can be designed to be rechargeable or not rechargeable, - rechargeability is not sufficient for a consistent definition; h. If the purpose of the container is used a s the distinguishing characteristic as in the Protocol definition, such as CFC or Halon-containing products as aerosol spray cans and fire extinguishers, whether of the portable or the flooding type, would therefore be excluded, because it is the mere release from such containers which constitute the intended use. Decision W4: Isomers The ,Second Meeting ofthe Parties decided in Dec. II/4 to ciari€y the definition of "controlled substance" in paragraph 4 of Article I of the Protocol so that i t is understood to include the isomers of such substances except as specified in the relevant Annex. APPENDIX iII PHASE-OUT SCHEDULE AND CONTROL OF JMPORTATLON OF ODS Annex C , Group 1 (ECFCs) 3y January 1, 201 3 3y January 1,2015 By January 1,2020 6 January 1,2025 By January 1,2030 Imports shall not exceed the recorded baseline consumption in ODP tonnes Imports shall have been reduced by 10% based on the recorded baseline consumption in ODP tonnes - Importation of HCFC 141 b and pre-blended polyols for foamlrigid and flexible) m a n u f h m g will be absolutely proh bited, except for the servicing and solvefit sectors Imports shall have been reduced by 3 5% based on the recorded baseline consumption in ODP tomes Importation of HCFC 22 for the manufacturing of r&geration and air-conditioning will be absolutely prohibited, except for the servicing xctor Imports shall haw been reduced by 67.5?& based on the recorded baseline wnsumpt~fl in ODP tomes [mportation of HCFC 123 as cooling agent fbr chillers and fire extinguishing agent will be absolutely prohibited. except for the servicing sector Imports shall have been reduced by 97.5% based on the recorded baseline consumption in ODP tonnes Importation of blends wntaining HCFCs will be absoiutely During the period 2.5% of the baseline consumption shall be All kinds of importation of HCFC substances for manufacturing and will be prohibited, except for essential use APPENDM. IV EXAMPLE LIST OF MDUSTRWS AND ACTXVLTIES md airconditioning installation and dmmmissionin~~ Domestic refrigeration Motor vehicle air conditioning Commercial and industrial refinerat ion airconditioning Fixed flooding fire protection installation, wrnmissioning and . Portable €ire Service and installation