Management of Ozone Depleting Substances and Products Regulations, 2005 (L.I. 1812)

L.I. 1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 ARRANGEMENT OF REGULATIONS Regulations PART I-APPLICATION AND PERMIT 1. Scope of Application of regulations 2. Restrictions on trade 3. Application for a permit 4. Issue of permit 5. Conditions of permit 6. Non-transferability of permit 7. Duration and renewal of permit 8. Complaints by aggrieved persons 9 Register of permits 10. Reporting procedure PART II-MISCELLANEOUS 11. Manufacturing of goods containing or designed to use a controlled substance 12. End-user declaration 13. Duty to maintain records 14. Customs verification and labelling 15. Public awareness and training 16. Taxation 17. Powers of environmental inspector 18. Delegation of powers and functions 19. Offences and penalties 20. Interpretation 2 LI.1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 IN exercise of the powers conferred on the Minister responsible for the Environment by section 28 of the Environmental Protection Agency Act, 1994 (Act 490) and on the advice of the Environmental Protection Board, these Regulations are made this 15th day of April 2005. Scope of Application of Regulations 1. These Regulations do not apply to imports or exports of controlled substances or products that are intended to be used for medical purposes as may be prescribed by law. Restrictions on trade 2. (1) A person shall not import or export a controlled substance or product (a) listed in Schedules I and IT except in accordance with a permit issued by the Executive Director; (b) listed in Schedule IT on or after the prohibition date specified in the schedule; (c) from or to a country that is not a party to the Montreal Protocol. (2) A person who imports or exports a controlled substance or product in contravention of sub-regulation (1) commits an offence and is liable on conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding one year or to both. Application for a permit 3. (1) An application for a permit to import or export a controlled substance or product under sub-regulation (1 )(a) shall be made to the Executive Director and shall be as set out in Form A and B of Schedule m. (2) The application shall be signed by the applicant but where the applicant is a body corporate, the application shall be signed by an officer of the corporation authorised to do so. (3) The Executive Director shall inform an applicant of the acceptance or refusal of the application for a permit to import or export a controlled substance or product not later than 30 days after the receipt of the application. Issue of permit 4. (1) Where the Executive Director is satisfied that the applicant has adequate and appropriate facilities and equipment to handle a controlled substance or product without causing damage to the environment, the Executive Director shall issue the permit. (2) A permit for export issued under sub-regulation (1) shall be as set out in Form C of Schedule m. ' 3 L.I 1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 Conditions of permit 5. (1) A permit issued by the Executive Director shall be subject to such conditions as may be specified in the permit or as the Executive Director may determine. (2) Without prejudice to sub-regulation (1) a permit issued under this Regulations shall entitle only the permit holder to import or export a controlled substance or product through the customs port of entry and exit designated in Schedule IV. (3) The permit holder shall provide a copy of the permit to a customs officer at the designated port of entry and exit. Non-transferability of permit 6. A permit issued under this Regulation is not transferable except with the prior written approval of the Executive Director. Duration and renewal of permit 7. (1) A permit issued under this Regulation shall cover a single importation. . (2) The Executive Director may, when renewing a permit vary the conditions attached to the permit and impose additional conditions. Complaints by aggrieved persons 8. (1) A person aggrieved by a decision or action of the Agency may submit a complaint in writing to the Minister. (2) The complaint shall be submitted to the Minister within 30 days of the complainant becoming aware of the decision or action to which the complaint relates. (3) The complainant shall (a) state the issues objected to: (b) have attached a copy of the decision objected to; and (c) have attached all documents relevant for considering and determining the complaint. (4) The Minister shall within 14 days of receipt of a complaint appoint a panel composed of (a) representatives from the following (i) the Ministry of the Environment not below the rank of a Director; (ii) the Attorney-General's Department not below the rank of a Senior State Attorney; (iii) the Ministry with responsibility for the undertaking; and (b) two persons with specialisation in the relevant field of the undertaking concerned. . 4 L.I. 1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 (5) The Minister shall refer the complaint to the panel, which shall give a fair hearing to all parties and determine the issue as it considers appropriate. (6) The panel after hearing all parties may (a) uphold the decision of the Agency; (b) alter the decision of the Agency; (c) request the Agency to re-examine the application where applicable within a specified period; or (d) give any other directives as it considers just. (7) A panel appointed under this regulation shall detem1ine the matter and report to the Minister within 60 days from the date 0 f reference of any matter by the Minister to it. (8) The proceedings of the panel shall be fully documented together with reasons for the panel's decision. (9) The panel shall cause copies of the decision and proceedings to be sent to(a) the Agency; (b) the relevant Ministry; and (c) the complainant Register of permits 9. There shall be a register known as the Register of Permits in which shall be recorded by the Executive Director the names of all holders of permits issued under these Regulations. Reporting Procedures 10. (1) The holder of a permit under these Regulations shall submit to the Executive Director an annual report containing the information specified in Schedule V. (2) Where special reporting procedures are made the condition of a permit issued under these Regulations, those procedures shall take precedence over the submission of the annual reports as required by sub-regulation (1). (3) Where a person who submits a report requests that the inf0rmatlon contained in the report be treated as confidential, the person shall include the reasons for that request in the report. PART II--MISCELLANEOUS Manufacturing of goods containing or designed to use a controlled substance 11. (1) A person shall not manufacture goods that contain or is designed to use a controlled substance specified in Schedule II on or after the date of prohibition indicated in the Schedule. L.I. 18125 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 (2) A person who contravenes subregulation (1) commits an offence and is liable on conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding one year or to both. End-user Declaration 12. (1) A person who buys or receives a controlled substance or product shall sign the end user declaration form as set out in Schedule VI. (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. Duty to maintain records 13. A person who imports, exports, distributes or sells a controlled substance or product shall (a) maintain records containing the applicable information in Schedule VII; and (b) submit the records referred to in paragraph (a) to the Executive Director, every six months from the commencement of the activity. Customs verification and labelling 14. (1) A person who imports or exports any goods into or from Ghana, 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 to use a controlled substance. (2) A person who imports, exports or sells any controlled substance or product shall cause the container to have 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. Public awareness and training 15. (1) The Agency shall carry out public awareness activities and programmes relating to the elimination of ozone depleting substances and products. (2) The Executive Director shall, once in each year, publish in the mass media and at the offices of the Agency, a list of controlled substances and products and persons permitted to import or manufacture controlled substances and products. 6 LI. 1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 Taxation 16. The Minister may recommend to the Minister responsible for Finance, that (a) tax exemptions be granted to importers of ozone friendly substances and products specified by the Minister; (b) pollution tax be levied on importers of controlled substances and products specified by the Minister. Powers of Environmental Inspector 17. An Environmental Inspector appointed under section 15 of the Environmental Protection Agency Act, 1994 (Act 490) may, in the course of his or her duties, seize any equipment or any thing which the Inspector believes is a controlled product or contains a controlled substance. Delegation of powers and functions 18. The Executive Director may delegate in writing, any of the functions and 'powers conferred on the Executive Director by these Regulations to any officer of the Agency. Offences and penalties 19. (1) Any person who (a) fails or neglects to report data to the Executive Director contrary to regulation 10; (b) provides false or misleading information or neglects to keep records contrary to regulation 12 and 13; and (c) contravenes any other provision of these Regulations commits an offence and is liable, on conviction, to a fine of not less than 250 penalty units or to a term of imprisonment not exceeding one year or to both. (2) A court convicting a person for an offence under these Regulations may in addition to the penalty prescribed in sub-regulation (1) (a) order that the permit be revoked; (b) 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 at the cost of the importer; and (c) order that the controlled substance or product be re-exported to the country of origin at the cost of the importer. Interpretation 20. In these Regulations, unless the context otherwise requires "Agency" means the Environmental Protection Agency; 7 L.I.1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 "(CFC)" means a fully halogenated chlorofluorocarbon of which con tains one, two or three carbon atoms; "controlled product" means a product that contains, is made up with or is dependent on, or designed to contain a controlled substance and includes the products in Schedule I; "controlled substance" means a substance specified in schedule II, 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 Agency; "mass media" means publicly exhibited posters, newspapers, radio, tel evision or other electronic media used for public communication; "Minister" means the Minister responsible for the Environment; "Ozone" means the natural gas 03 that is found in the stratosphere; "Ozone Layer" means the layer of the atmospheric ozone the plenary boundary as defined in the Vienna Convention for the Protection of the Ozone Layer; "party" means a party to the Montreal Protocol, or any State not party to the Protocol but that 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 Protocol; "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 controlled substance to industry-accepted re-use 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 re-used, including re-used to recharge equipment. LI.1812 8 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 SCHEDULE I CONTROLLED PRODUCTS* (Regulation 2(1)) 1. Automobile and truck containing 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 or in insulating material of the product. These include Refrigerators Freezers Dehumidifiers Water Coolers Ice Machines Air-conditioning and heat pump units 3. Aerosol products, except medical aerosols 4. Fire extinguishers 5. Insulation boards, panels and pipe covers 6. 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. 9 L.I.1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 SCHEDULE II CONTROLLED SUBSTANCES AND PROHIBITION DATES (Regulation 2(1)) Date of Prohibition Of Import/Export Item Controlled Substance Jan 1, 2002 1. Hydrobromofluorocarbons (HBFCs) 2. Chlorofluorocarbons (CFCs) CFC-11 CFC-113 CFC-12 CFC-114 CFC-114 Jan 1,2010 3. Halons halon 1211 halon 1301 halon 2402 Jan 1, 2010 4.Other fully halogenated Chlorofluorocarbons (CFCs ).. Jan 1,2010. CFC-13 CFC- 211 CFC-212 CFC-l11 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 10 L.I. 1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 SCHEDULE III FORM A APPLICATION FORA PERMIT TO IMPORT A CONTROLLED SUBSTANCE/PRODUCT 11 L.I. 1812 (Regulation 3(1)) FOR OFFICE USE ONLY APPLICATION FILE NUMBER APPLICATION DATA Name of Company Postal Address Location/Residential Address Region Town/City Location of Warehouse Area Street (Nearest) House Number Telephone Number Facsimile Number E-mail MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 LIST OF CHEMICALS No Chemical Name & Trade Name in Brackets MSDS Provided (Yes or No) Quantity (Kg/It/Mt) End Use 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. MSDS = Material Safety Data Sheet We hereby declare the above particulars to be true Dated the..................Day of ............20....... NAME ........................................................ SIGNATURE ............................................. STAMP.......................................................... 12 L.I. 1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 FORM B APPLICATION FORA PERMIT TO IMPORT A CONTROLLED SUBSTANCE/PRODUCT (Regulation 3(1)) A: Information concerning the importer 1. Name or trade name of importer………………………………………… 2. (a) Address: ............................................................................ ........... (b) Telephone No: .............................................................. (c) Fax No:.................................................................... ... ... ............. (d) E-mail address………………………………………………………. 3. "Number of import trade license and date obtained: ......................... ...... 4. Name of person authorized to act on behalf of importer (where applicable): ..........................................................................................……………………………………… (a) Designation: ........................................................................... ...... (b) Telephone No:........................................................................ ...... (c) Fax No.:.. .. .. .. .. . .. . .. . .. . ..... .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. (d) E-mail address:...................................................................... ....... 5. Controlled substance/product to be imported: ................................. ....................................................................................... ..................................................................................... 6. Customs tariff number and trade of controlled substance/product ……………………………………………………………………………… 13 L.I. 1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 7. Condition of origin of controlled substance/product……………… 8. Name and address of manufacturer. ............................................... ………………………………………………………………………………………………………………………. 9. Condition of controlled substance/product (tick whichever is applicable) (a) new/virgin (b) already used/reconditioned (c) recycled/reclaimed 10. Quantity to be imported:............................................................... 11. Request for confidentiality of information,(tick) Yes [] No [ Reasons 12. Purpose and use of controlled substance/product to be imported:.. ............ ........................................................................................... 13. Handling procedures and storage plans including safety precautions to be observed by the importer:………………………………………………………………………………………… …………………………………………………………………………………………………… ……………………………………………………… 14. Port of entry: ..................................................................... 15. Mode of transport and intended carrier……………………………… B. Information concerning the recipient 1. Name or trade name of the recipient .............................................. 2. Full address of recipient………………………………………… 3. Country to which substance/product is consigned: ............................... 4. Country (ies) of transit if applicable)................................................. 14 L.I.1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 5. Facilities where controlled substance/product is to be used/recycled/de stroyed: ......................................................... .................................................................................................................. .................................................................................................................. I declare that, the information stated in this application is correct. I undertake to observe the conditions under which this permit is issued. ................................. ............................. Date Signature C. FOR OFFICIAL USE ONLY 1. Application receive on:………………………………………………… 2. Application approved/rejected:...... ......................................... 3. Conditions of approval/reasons for rejection:................................. .............................................................................................. ........................................................................................ ........................... Date ....................................... Executive Director 15 L.I. 1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 SCHEDULE III FORM C PERMIT TO EXPORT A CONTROLLED SUBSTANCE/PRODUCT (Regulation 4(2)) Permit No./EPA/OC/. .............. Name: .................................................................................... Address: ....................................................................................... ................... You are hereby licensed to export from/import to................................ .......... (Country) to...... : ...................................................................... ........................... (Country) the following controlled substances/products 1................................................, ................................................... .................. 2. ..................................................................................... 3. ...................................................................................... This permit is valid from............................20 ............. to ...................20...... This permit is granted subject to the following conditions: 1. 2. 3. 4. Date: ................................ ...................................................................................... ...................................................................................... ..................................................................................... ..................................................................................... ..................................... Executive Director Environmental Protection Agency To be filled in triplicate 16 L.I. 1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 SCHEDULE IV DESIGNATED PORTS OF ENTRY AND EXIT (Regulation 5(2)) 1. Tema 2. Elubo 3.Takoradi 4.Afloo 5.Kotoka International Airport 17 L.I. 1812 .... MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 SCHEDULE V ANNUAL REPORTING FORMAT FOR CONTROLLED SUBSTANCES AND PRODUCTS Regulation 10(1) 1. Name of Company ..................................... ............................................. 2. Full Address............................................................................................... Tel. No ................................. Fax No............................ Email: ......... ..... 3. Name/Title of Contact Person ...................................... ............................ 4. Type of business (Please circle) (a) Retail (b) Manufacture (c) Service (d) Export (e), Import (f) Other (Please state) ....................................................................................... 5. Please indicate which of the under-listed chemicals are imported and/or purchased locally ( as applicable) by your Company. Fill the table below. Chemical Quantity Quantity Quantity Quantity in Imported Purchased Distributed Stock Locally Or Sold CFC-11 CFC-12 CFC-l13 CFC-114 CFC-115 CFC-500 CFC-502 HCFC-22 Halon 1301 Halon 1211 Carbon Tetrachloride Methyl Bromide Methyl Chloroform HFC-134a HFC-404A HFC-507 A Ll.1812 18 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 6. Source of the above chemical used by your company: (i) If imported, state origin/name/address of company; ………………………………………………………………………………………………….. …………………………………………………………………………………………………… I (ii) If purchased locally, state name/address of company): ........................................................................... ........................................................................... (iii) Other sources different from (i) & (ii), state name & address of Company ................................................................................ ............................................................................... 19 L.I. 1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 SCHEDULE VI . DECLARATION BY END-USER OF CONTROLLED SUBSTANCES/PRODUCTS (Regulation 12(1)) I. Information concerning the vendor/supplier Name of vendor/supplier: ............................................................................ ................................................................................................ Address: .................................................................................. II. Information concerning the end-user Nan1eofend-user:......................................................................................................... .......... Address: .................................................................................................................. ... ........... Name of controlled substance/product:. . .. . .. . .. . .. . .. . .. . .. . ... . .. . .. . .. . .. . .. . .. . ... ............................................................................................ End-use category/purpose:............................................................................ ............................................................................................ 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 20 LI.1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 SCHEDULE VII RECORDS TO BE MAINTAINED FOR CONTROLLED SUBSTANCES AND PRODUCTS I (Regulation 13(a)) Dated records of I. Information relating to exports (a) the actual quantity of each controlled substance/product exported in each shipment; (b) the port through which the controlled substance/product was ex ported; (c) the purpose for which the controlled substance/product was exported and the name and address of the recipient; (d) the purpose for which the controlled substance/product was exported. II. 1. Information relating to imports Dated records of (a) the actual quantity of each controlled substance/product imported in each shipment; (b) the port through which the controlled substance/product was imported; (c) the party from which the control substance/product was imported and the name and address of the supplier; and (d) the import number for the consignments of the controlled substance/ product imported. Copies of the bill offloading, the invoice and documents submitted to the CEPS for each consignment. 2. . III. Information relating to distribution, sale and use. Dated records of (a) the actual quantity of each controlled substance/product purchased from a Ghanaian supplier, wholesaler or distributor; 21 L.I.1812 MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS REGULATIONS, 2005 (b) the actual quantity of each controlled substance/product used and the end use category or purpose; (c) the actual quantity of each controlled substance/product sold and the names and addresses of the end-users as set out in the declaration form in the Sixth Schedule and duly signed by the end-user. HON. CHRISTINE CHURCHER Minister Responsible For Environment And Science Date of Gazette notification: 29th April 2005. Entry into force: 30th June 2005.