National Environment (Management of Ozone Depleting Substances and Products) Regulations, 2001 (S.I. No. 63 of 2001)

STATUTORY INSTRUMENTS SUPPLEMENT No. 39 23rd Novembe1; 2001 STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 75 Volume XCIV dated 23rd November, 200/. Printed by UPPC, Entebbe, by Order of the Government. S T A T U T O R Y I N S T R U l\tl E N T S 2001 No. 63. THE NATIONAL ENVIRONMENT (MANAGEMENT OF OZONF DEPLETING SUBSTANCES AND PRODUCTS) REGUL),.'Tl~)>i-.:: 2001. ARRANGEMENT OF REGULATIONS Regulation. 1 . Citation. 2. Interpretation. 3. Object of Regulations. 4. Restrictions on trade. 5. Appl:cation for a licence. 6. Licence to import or export. 7. Register of licences. 8. Reporting procedures. 9. End--user declaration. I 0. Duty to maintain records. 11. Customs verification and labeling. I 2. Public awareness and trainiiig. 13. 1ax:uion. 14. Offences and penalties. 15. Powers or E11vir,);1irn.:~nt;.d [nspector. 16. Delegation of powers and function,. 17. Appeals. SCHEDULES First Schedule Controlled Products. Second Schedule Controlled Substances and Prohibition Dates. Third Schedule Form A Application for Licence to Import Controlled Substance/Product. Form B Application for Licence to Export Control led Substance/Product. Form C Licence Io Export Controlled Substance/Product. Fourth Schedule Designated Ports of Entry and Exit. Fifth Schedule Declaration by End-User of Controlled Su bst.ance/Product. Sixth Schedule Records to be Maintained l"or Controlled Substance/Product. 468 STATUTORY INSTRUMENTS. 2001 No. 63. The National Environment (Management of Ozone Depleting Substances and Products) Regulations 2001. ( Under section J 08 <d the National Environment Statute, J 995, Statute No. 4 (d' 1995). IN EXERCISE of the powers conferred on the Minister re,ponsible for the National Environment Statute, 1995 by section l 08 or the National Environment Statute, 1995, in consultation \\ i1h the lead arencies and 11po11 the recommendation of the Board ,n,d Ille Polin, Cornrnittce on the Er1vironrnent. tlh.·,c Regulations - ~ c•i t' i,iClllc thi<.i 2t)th d;1y of October, 200 I. 1. These Regulations may be cited as the National Environment (Management of Ozone Depleting Substances and Products) Regulations 200 I. 2. In these Regulations, unless the context otherwise reqmres-~ "Authority'' means the National Environment Management Authority established under· section 5 of the Statute; "chlorofluoracarbon (CFC)" means a fully halogenated chlorofluoracarbon each molecule of which contains one, two or three carbon atoms; "control period" means the period beginning on January 1 in a given year and ending on December 31 in the same year; "controlled product" means a product that contains, is made with or is dependent on, or designed to contain a controlled substance and includes the products in the First Schedule; 469 Statute No. 4otl99:i. f:itation. lnter preration. "controlled substance" means a substance specified in the Second Schedule, whether existing alone or in a mixture, and includes that substance when reclaimed, recycled or recovered unless otherwise indicated; "end-user" means any person who purchases, receives or manages a controlled substance or product; "Executive Director" means the Executive Director of the Authority appointed under section 13 of the Statute; "licence" means a licence to import or export a controlled substance or product issued under regulation 6: "mass media" means publicly exhibited posters, newspapers, radio. television or other electronic media used for public communication; "Minister" means the Minister for assigned responsibility for Environment Statute, 1995; the time being the National "Ozone" means the natural gas, 03 that .is found in the stratosphere; "Ozone Layer" means the layer of the atmospheric zone above the plenary boundary as defined in the Vienna Convention for the Protection of the Ozone Layer; "party" means a party to the Protocol, or any state not party to the Protocol if the state is determined, by a Meeting of the Parties, to be in full compliance with Article 2. 2A to 2E and 4 of the Protocol and has submitted data to that effect in accordance with Article 7 of the Protoco]; "Protocol" means the Montreal Protocol on Substances that Deplete the Ozone Layer adopted in 1987, as amended from time to time; "reclaimed" in respect of a controlled substance, means recovered, re-processed and up-graded through a process such as filtering, drying, distillation and chemical treatment in order to restore the controIJed substance to industry-accepted reuse standards; "recovered" in respect of a controlled substance means ( a) collected after it has been used; or ( b) collected from machinery, equipment or a container during servicing or before the disposal of the machinery equipment or container; "recycled" in respect of a controlled substance, means recovered, cleaned by a process such as filtering, drying and reused, including reused to recharge equipment; "Statute" means the National Environment Statute, 1995. The object of these Regulations' is to ( a) regulate th~ production, trade and use of controlled substances and products; (b) provide a system of data collection that will facilitate compliance with relevant reporting . requirements under the Protocol; (c) promote the use of ozone friendly substances, products, equipment and technology; and 471 Object of Regulations. Restrictions on trade. Application for a licence. ( d) ensure the elimination of substances and products that deplete the ozone layer. 4. (I) No person shall irnport or export a controlled substance or product listed in the First and Second Schedules, without a licence issued by the Executive Director. (2) No person sh..111 import or export a controlled substance or product from or to a country that is not a party to the Protocol. (3) No person shal I import or export a controlled substance on or after the date specified in the Second Schedule. (4) A person who impo,ts or expo11s a controlled substance or product in contravention of this regulation commits an offence. 5. (I) A person intending to import or export a controlled substance or product shall apply to the Executive Director for a licence in the application set out in Form A and B respectively in the Third Schedule. (2) An application for a licence under subregulation (I) shall be signed (a) in the case of a corporation, by an officer of the corporation authorised to do so; and (h) in any other case, by the person making the application or by a person authorised to act on behalf of that person. (3) A person who imports or exports a controlled substance or product without a licence commits an offence. ( 4) This regulation does not apply to imports or exports of controlled substances or products that are intended to be used for such essential medical purposes as the Executive Director may, by statutory order, prescribe. 472 6. (I) The Executive Director shall issue a licence to import or export a cont.rolled substance or product where he or she is satisfied that the applicant has adequate and appropriate facilities and equipment to handle the controlled substance or product without causing damage to the environment. (2) A licence shall be as set out in Form C in the Third Schedule. (3) A licence may be issued subject to conditions which the Executive Director may determine. (4) The following conditions apply to a licence ( a) the licence is not transferable; and ( b) the licence only entitles the licence holder to import or export a controlled substance or product through the customs ports of entry and exit designated in the Fourth Schedule. (5) A licence shall remain in force for one year beginning on the day when it comes into force and may be renewed from time to time. (6) The Executive Director may, when renewing a licence, vary the conditions attached to the licence and impose additional conditions. (7) The Executive Director may, by notice in writing, vary or revoke at any time, any condition for the time being attached to the I icence. (8) A person who, imports or exports a controlJed substance or product shall provide a copy of the licence to a Customs Officer at the port of entry. 473 Licence to import or export. Register of licences. Reporting procedures. End-user dee laration. Duty to maintain records. 7. The Executive Director shall keep a register of all holders of licences issued under these Regulations. 8. ( I) The holder of a licence under these Regulations shall submit to the Executive Director an annual report containing the information specified in the Fifth Schedule. (2) Where special reporting procedures are made the condition of a licence issued under these Regulations, those procedures shall take precedence over the submission of annual reports as required by subregulation ( l ). (3) Where a person who submits a report requests that the information contained in the report be treated as confidential, the person shall include the reasons for that request in the report. 9. (I) A person who buys or receives a controlled substance or product shall sign the end-user declaration Form set out in the Fifth Schedule. (2) An end user who sells or otherwise supplies or uses a controlled substance or product for a purpose other than the purpose declared in the end-user declaration, or sells or otherwise supplies a controlled substance or product to any other person commits an offence. 10. A person who imports, exports, distributes or sells a controlled substance or product shall (a) maintain records containing the applicable information in the Sixth Schedule: and (b) submit the records referred to in paragraph (a) to the Executive Director, every six months from the commencement of the licensed activity. 11. (I) A person who imports or exports any goods into or from Uganda, shall, on request by a Customs Officer, tender the goods to the officer for verification as to whether they contain or are made with or designed for controlled substances. (2) A person importing or selling any controlled substance or product shall cause the container to have a conspicuous label bearing ( a) the name of the controlled substance or product; ( b) the name and address of the manufacturer, and the country of origin of the controlled substance or product: ( c) the following statement in clearly legible letters "THIS SUBSTANCE/PRODUCT IS HARMFUL TO THE OZONE LAYER"; and ( d) a symbol indicating that the substance or product is harmful to the ozone layer. Customs verification and labeling. 12. ( 1) The Authority shall carry out public awareness activities and programmes relating to the elimination of ozone and Public awareness depleting substances and products. (2) The Authority shall ensure training of technicians engaged in maintaining, servicing or disposing of equipment containing ozone-depleting substances. (3) The Executive Director shall, once in each year, publish in the mass media and at the offices of the Authority, a list of controlled substances and products. training. 13. (I) The Minister may recommend to the Ivlinister Taxation. responsible for finance, that tax exemptions be granted to importers of ozone friendly substances and products specified by the Minister. Offences and penalties. (2) The Minister may recomrnend to the Mini.-,tcr rc\ponsiblc for finance that a pollution tax be levied on importers or controlled substances and products spe:cificd by the Minister. 14. (I) Any person who ( a) imports or exports any controlled substance or product without a valid licence issued under these Regulations; ( b) engages in the production or manufacture of goods containing, or made with, dependent on, or designed for a controlled substance; ~ . ( c) fails or neglects to report data to the Executive Director as required under these Regulations; (d) provides false or misleading information or neglects to keep records in accordance with these Regulations, commits an offence and is liable, on conviction, to a fine of not less than thirty thousand shillings and not more than three million shillings or to imprisonment for a term not less than three months, or both. (2) A court conv1ctmg a person for an offence under these Regulations may in addition to the penalty prescribed in subrcgulation ( 1 ) ( a) order that the licence be suspended for a time specified in the order or that it be cancelled; ( h) order that the controlled substance or product, which is the subject of the offence, be confiscated, and direct the manner in which it should be disposed of. 15. An Environmental Inspector appointed under the Statute may, in the course or his or her duties, seize any plant, cquiprnent or other thing which he or she believes is a controlled product or contains a controlled substance. 16. The Executive Director may delegate in writing, any of the functions and powers conferred on him or her by these Regulations to any officer of the Authority, or to a lead agency. 17. A person aggrieveJ by a decision of the Executive Director under these Regulations may, within thirty days of the decision, appeal to the High Court. SCHEDULES. Powers of Environ mental Inspector. Delegation of powers and functions. Appeals. REGULATIONS 2 AND 4 FIRST SCHEDULE CONTROLLED PRODUCTS* I. Automobile and truck conditioning units (whether incorporated in vehicles or not). 2. Domestic and commercial refrigeration and air conditioning/ heat pump equipment when containing controlled substances as a refrigerant and/or in insulating material of the product. These include 3. 4. 5. 6. * Refrigerators Freezers Dehumidifiers Water coolers Ice machines Air conditioning and heat pump units Aerosol products, except medical aerosols. Fire extinguishers. Insulation boards, panels and pipe covers. Pre-polymers. This does not include products when transported in consignments of personal or household effects or in similar non-commercial situations normally exempted from customs attention. REGIJLATIONS 2 AND 4 SECOND SCHEDULE. CONTROLLED SUBSTANCES AND PROHIBITION DATES. Item Controlled Substance Date of Prohibition of Import/Export I. Hydrobromot1uorocarbons (HBFCs) Jan I, 2002 2. Chlorofluorocarbons (CFCs) Jan I, 2010 CFC-11 CFC-I 13 CFC-12 CFC-114 CFC-115 3. Halons Jan 1, 2010 halon 121 l halon 1301 halon 2402 4. Other fully halogenated Chlorofluorocarbons (CFCs) Jan l, 2010 CFC-13 CFC-211 CFC--212 CFC-! I I CFC-213 CFC-214 CFC-112 CFC-215 CFC-216 CFC-217 5. Carbon tetrachloride Jan 1, 2010 6. 1, 1, 1 - trichloroethane (methyl chloroform) Jan 1, 2015 7. Hydrochlorofluorocarbons (HCFCs) Jan 1, 2040 8. Methyl bromide Jan 1, 2015 479 REGULATION 5 (I) THIRD SCHEDULE FORM A Till: NATIONAL ENVIRONMENT (MANAGEMENT OF OZONE I)EPLETING SUBSTANCES AND PRODUCTS) REGULATIONS 2001. Application for a Licence to Import ,1 Controlled Substance/Product A: Information concerning the importer I. Name or trade nan1c of importer: ...................................... .. 2. ( a) Address: ............ .. (/JJ Telephone No: ........................................................ . (c) Fax No: ................................................................. . (c) E-n,ail address . .. . . .. . . .. . .. .. .. .. .. .... . .. . . ...................... .. • • •• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • • • • • 0 •••••••••••••• ' •••• . 1. Number of import trade license and date obtained: .................... . 4. Name of person authorized to acl on behalf of importer (where applicable) ................................................................. . • • •• • •• • • • • • ' •••••••• ' ••••••••••••••••••••• < ••••••••••••••••••••••••••• ' ••••••••• (a) Designation: ........................................................... . (h/Ielephone No: ......................................................... .. (c) Fax No: ................................................................. . ( d) E-mail address ..................................................... • .. • 5. Controlled substance/product to be irnportcd: ....................... • • • • • • • • • • • < ' ••••••••••••••••••••••••••••••• •••••••• u ••••••••••••••••••••••••• . . . .. . .. . . . . .. . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . '. 480 6. C11stoms tariff nu rnber and t radc name of controlled substance/product: ....................................................... . ' ...•. '.' .• ' .. ' •.••••..•.•• ' .• <.'' •• '' '. '. ' •. ' •. ' .. ' ••. ' •. ' •••••.••.•.•••.•.••.• 1. Condition of controlled substance/product (tick whichever is applicable) (/lJ new/virgin (/;) already uscd/rcconditioncd (c) rccyckd/rcclairncd ~- Quantity to be imported: ............................................ Kgs 9. Request for confidentially of information (tick) Yes ....... . No ........ . Rl~asons: ...................................................... • • • • • • • · • • • • • • · IO Purpose and use of controlled substance/product to be imported: ... • '' •• ' •••••• ' •••••••••••• ' ••••• ' •••••.• ' <'.'' " •••••••••• ' ••••••••••••••••••••••• 11. Handling procedures and storage plans including safety precautions to be observed by the irnpDrter: ....................................... . '.' ..................... '.' .. ,· .................................. . 12.Port of entry: .............................................................. . 11 Mode of transport and intended carrier: ................................ . B: Inforrnatiun concerning the supplier I. Name or trade name of the supplier: 2. Country of origin: ....................................................... .. . i. Country from which substance/product is consigned: .............. .. 4. Holder of the product trademark: ...................................... . 5. Name and address of manufacturer: ................................... . I declare that the information stated in this applioation is correct. I undertake to observe the conditions under which this licence is issued. Date Signature C: FOR OFFICIAL USE ONLY 1. Application received on .................................................. . 2. Application approved / rejected ......................................... . 3. Conditions of approval / reasons for rejection ....................... . Date Executive Director REGULATION 5(]) THIRD SCHEDULE FOR.MB THE NATIONAL ENVIRONMENT (MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS) REGULATIONS 2001. Application for a Licence to Export a Controlled Substance/Product /\: Information concerning the exporter I. Name or trade name of exporter: ...................................... . 2. Address: .................................................................... . (h) Telephone No: ................................................... .. (c) Fax No: . . .. . .. . .. .. .. .. ........................................ . (d) E-mail address: ..... . t Number of export trade license and date obtained: ................. . 4. Name of person authorized to act on behalf of exporter: .......... . (a) Designation: .......................................................... . (h) Telephone No: ........................................................ . (c) Fax No: ........................................................... ,. ... . (d) E-mail address: ... ,. ................................................. .. 5. Controlled substance/product to be exported: ....................... . 6. Customs tariff number and trade name of controlled substance/product: ........................................................ . 483 7. Country of origin of controlled substance/product: ................. . 8. Name and address of rnanufacturer: ................................... . 9. Condition of controlled substance/product (tick whichever is applicable) (a) new/virgin (h) already used/reconditioned (c) rccyclcd/rcclaimcd I 0. Quantity to be exported: .......................................... Kgs 11. Request for confidentiality of information (tick) Yes .................... . No ............. . R.easons: .................................................................... . 12. Purpose and use of controlled substances/products to be exported: 13. Handling procedures and type of packaging including safety precautions to be obscrvt~d hy the exporter: .......................... . 14. Port of exit: ................................................................ . 15. Mode of transport and intended carrier: ............................... . B: Information concerning the recipient l. Name or trade name of the recipient: .................................. .. 2. Full address of recipient: ............................................... . 3. Country t.o which substance/product is to be ex ported: .............. . 4. Country(ics) of transit (if applicable): ................................ . 5. facilities where controlled substance/product is to be used / recycled/ destroyed: .................................................... .. I declare that"the information stated in this application is correct. I undertake to observe the conditions under which this licence is issued. Date Signature C: FOR OFFICIAL USE ONLY I. Application received on .................................................. . 2. Application approved / rejected ...................................... . 3. Conditions of approval / reasons for rejection ....................... . Date Executive Director 485 THIRD SCHEDULE FORMC REGULATION 6(2). THE NATIONAL ENVIRONMENT (MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS) REGULATIONS 2001. Licence to Export or Import a Controlled Substance/Product Licence No. NEMA/ OZ/ ................. . Name .......... .. ;\ddrcss ......................................................................... . You are hereby licensed tu export from /import to ....................... . ( countrv) to/from ...................... . (country) the l'ollmving controlled substances/products !. " ............... . ) .. .. ' .. ' ...... ' ........ '.' .·). '' .............. ' ... ' ..... '.' ................................................... . This licence is valid from ............ 20 ...... to ............... 20 ...... . This licence is granted subject to the following conditions-· ! ................. .. 2 .. J ................. ' 4. ················ Date: .. Executive Direct.or, N111ion{l/ E'nvironment Mo11oge111e111 Awhority. Fo he jillcd in tripliuae 486 REGULATION 6( 4) FOURTH SCHEDULE DESIGNATED PORTS OF ENTRY AND EXIT t. Malaba 2. Bwera 3. Katuna 4. Entebbe International Airport REGULATION 9 FIFTH SCHEDULE DECLARATION BY END-USER OF CONTROLLED SUBSTANCES/PRODUCTS I. Information concerning the vendor/supplier Name of vendor/supplier: ............................... . Address: ....................................................................... . II. Information concerning the end-user Name of end-user: Address: ........................................................................ . Name of controlled substance/product ................................... . . . . . . . . . . . . ' ........ ' ............ " ................................................. . End-use category/purpose: .................................................. . • • • • • •• • •• • • • • •• • •• o< < "' • • • • • • • •, • ♦ • • • • • • •• • • • • •• • • • • •• • •• • •• • •• • • • • • • • •• • •• • •• • • • • • III. Declaration I undertake not to sell or otherwise supply any quantity of the controlled substance/product received by me to any person. I further undertake not to use any quantity of the controlled substance/product received for a purpose not set out in this declaration. I declare that the information stated in this declaration form is correct. Date Signature 488