Instructions to control the Use, Import and Re-export of Substances controlled under the Montreal Protocol and its Amendments of 2021

UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION وزارة البيــــــئة áÄ«ÑdG IQGRh Ozone For Life Instructions To Control The Use, Import And Re-export Of Substances Controlled Under The Montreal Protocol And Its Amendments For The Year 2021 His Majesty The Hashemite King Abdullah II, The Great Son Of Hussein His Royal Highness the Crown Prince Prince Al Hussein bin Abdullah II the Great intro 8 9 11 Issued in accordance with the provisions of paragraph (d) and (q) of Article (4) and paragraph (b) of Article (30) of the Environment Protection Law No. (6) for the year 2017 Article (1): These instructions shall be titled “Instructions to control the use, import and re-export of substances controlled un der the Montreal Protocol and its amendments for the year 2021” and shall be effective as of the date of issue at the Official Gazette. Article (2): Wherever mentioned in these instructions, the following words and expressions shall have the meanings ascribed thereto hereunder unless the context indicates otherwise: Law Environment Protection Law Ministry Ministry of Environment. Minister Minister of Environment. Secretary General Secretary General of the Ministry. Unit National Ozone Unit at the Ministry. Ozone Layer The second layer of the atmosphere, stratosphere, in which the ozone gas is concentrated. It is composed of three ox ygen atoms (O3). This layer is at heights of about (20-30) kilometers from the Earth surface. This shield protects life on Earth from the harmful ultra violate light. 12 Convention The Vienna Convention for the Protection of the Ozone Layer, signed on 03.22.1985 in Vienna/ Austria. Protocol The Montreal Protocol, approved in Mon treal on 09.16.1987, and its amendments thereto. Amendments to the Montreal Protocol The changes and amendments to the protocol, including Kigali Amendments approved by States Parties regarding the addition of new controlled substances or timetables for their phase-out or phase down. State Parties the States accepted to join the Conven tion and the Protocol. Article 5 Countries Those countries in which the per capita consumption of ozone depleting sub stances is less than 0.3 kg. Thus, these countries are entitled to financial, techni cal and technology assistance, including transfer of technology and training from the Fund. Fund The Montreal Multilateral Fund that is considered the financial mechanism to implement the requirements of the Proto col. Executive Com mittee The Fund administration Committee formed under the Protocol. Implementation Committee The committee formed under the Proto col to ensure compliance with the obliga tions of States Parties in order to apply the Provisions of the Protocol. 13 Implementing Agencies Agencies approved by the Executive Committee to implement Committee de cisions, projects and programs to help Article 5 countries in fulfilling their obliga tions under the Protocol. Ozone deplet ing substances (ODSs): The substances shown in Table (1) at tached to theses instructions and includ ed in the Protocol and its amendments. These substances are characterized by their chemical stability and include one or more atoms of chlorine and/or bromine. They also interact sequentially in the stratosphere leading to ozone depletion. Chlorofluorocar bons (CFCs) Ozone depleting substances shown in Table (1) attached to theses instructions, which contain chlorine, fluorine and car bon. Hydrochloro fluorocarbons (HCFCs) Ozone depleting substances shown in Table (2) attached to theses instructions. They are gases. They consist of hydro gen, chlorine, fluorine, and carbon. Hydrofluorocar bons (HFCs) Substances composed of hydrogen and fluorine and carbon. They do not affect the ozone layer but have a Global Warm ing Potential. These substances shown in Table (2) attached to these instructions were controlled according to the Kigali amendments on 10.26.2016. 14 Global warming Potential (GWP) A relative measure of the temperature produced by Greenhouse Gases in the at mosphere. The temperature amount con fined to a limited mass of a gas is com pared to the temperature confined with the same mass of carbon dioxide (CO2). The global warming potential is calculat ed during a specific time frame, often 20, 100 or 500 years. Prohibited sub stances The substances or virgin mixtures that are not permitted to be imported or re-ex ported, or the Equipment and tools con tained therein, in accordance with the provisions of the Protocol and its amend ments thereon, as shown in Table No. (1) attached to these instructions. Methyl bromide (CH3Br) An Ozone depleting chemical substance controlled under the Protocol. It is used in the field of soil pest control, pre-shipment sterilization of substances, and the quar antine and agricultural fields. Halons Ozone depleting substances, which are fully halogenated bromofluorocarbons of industrial origin. They are used to extin guish fires. Mixtures Polymers containing ozone depleting substances and greenhouse substances. Equipment and tools The Imported and locally manufactured Equipment and tools containing and/or depending on the substances controlled under the Protocol and its amendments. 15 Controlled Sub stances Chemical Substances or Mixtures con taining chemical substances that are subject to timetables for phase-out or phase-down in accordance with the Pro tocol and any amendments thereto, as shown in Tables Nos. (2) and (3) attached to these instructions. Recycled sub stances The substances controlled under the Pro tocol, as amended. They have previously been refined from impurities and unwant ed materials. Phase-out The timetable specified by the protocol or its amendments for disposal of HCFCs under the protocol and its amendments provided in Article (5) of these instruc tions. Phase-down The timetable specified by the Kiga li amendments to the protocol and its amendments for the phase-down of hy drofluorocarbons (HFCs) provided in Arti cle (6) of these instructions. Alternative sub stances Substances that are used as alternatives to the substances controlled under the Protocol and its amendments, including the Kigali Amendment. They are charac terized by very weak effects or no effect on the ozone layer, or little or no global warming potential for them, as shown in Table No. (3) attached to these instruc tions. Alternative tech nology Technologies and equipment reducing, decreasing or eliminating the emissions of controlled substances. 16 Baseline for HCFCS the Country’s average consumption of HCFCs and ozone depleting substances (ODS) for the years 2009-2010. Baseline for hy drofluorocarbons the country’s average consumption of hydrofluorocarbons (HFCs) for the three years (2020-2021-2022) plus 65% of the baseline for hydrochlorofluorocarbons (HCFCs). Consumption Production plus imports of substances controlled under the Protocol, less re-ex ported quantities. Freezing Freezing the level of consumption of sub stances controlled under the Protocol and its amendments, including the Kigali amendment, at baseline levels in accor dance with the timetables approved by the State Parties. Importer Every natural or legal person registered with the concerned authorities and per mitted to practice the profession and who has previously imported the controlled substances or their alternatives and/or the Equipment and tools contained there in. Shares The quantity of controlled substances, compounds, or mixtures determined by the Ministry and permitted to be imported by the Importer. This quantity may change from one period to another according to the timetables specified by the Protocol and its amendments. 17 Import Permit The prior approval granted by the Minis try to the importer specifying the quantity and types of gases permitted to be im ported or the Equipment and tools using or containing these substances. Export Permit The prior approval granted by the Minis try to export and/or re-export-controlled substances, Equipment and tools con tained therein, by the importer. Clearance Procedures for the entry or exit of the im ported or re-exported shipment from the customs ports after ensuring that it fulfills the conditions for the prior approval of the Customs Department and the approval of the concerned authorities. Illegal trade The entry or exit of the substances con trolled under the Protocol and its amend ments, including the Kigali amendment, without the approval of the Ministry and the concerned authorities. Critical uses Uses for which no suitable economic, en vironmental and technical alternatives are available. National Commit tee The committee formed at the Ministry to protect the ozone layer in accordance with the provisions of these instructions. 18 Article (3): A. committee shall be formed at the Ministry, called “the national committee”, headed by the Secretary-General and the following members: 1. Representative from the Ozone Unit to be nominated by the Minister - Vice Chairman. 2. Representative from The Ministry of Industry, Trade and Supply nominated by its Minister. 3. Representative from The Ministry of Planning and Inter national Cooperation, nominated by its Minister. 4. Representative from the Customs Department, nominat ed by its director. 5. Representative from the Ministry of Agriculture, nominat ed by its Minister. 6. Representative of Environmental Health Directorate at the Mistry of Health, nominated by its director. 7. Representative of the Ministry of Energy and Mineral Re sources, nominated by its Minister. 8. Representative of the Technical Education Department at the Ministry of Education, nominated by its Minister. 9. Representative of The Aqaba Special Economic Zone Authority, nominated by its chairman. 10. Representative of the Civil Defense at the Jordan Public Security Directorate, nominated by its director. 11. Representative of the Jordan Standards and Metrology Organization, nominated by its director. 12. Representative of the Professional and Technical Skills Development Authority, nominated by its chairman. 13. Representative of the Jordan Chamber of Industry,nom inated by its chairman. 19 14. Representative of the Jordan Chamber of Commerce, nominated by its chairman. a. The National Committee shall be responsible for the fol lowing tasks: 1. Approving policies, plans and programs related to meet ing the requirements of the convention, protocol and its amendments in order to enable Jordan to fulfill its national, regional and international obligations. 2. Studying the amendments to the protocol and providing the necessary recommendations regarding the same. 3. Approving the training centers qualified to implement the Ministry’s training programs in coordination with the rele vant authorities. 4. Approving the training programs for trainers and tech nicians in order to implement the Protocol and its amend ments, in coordination with the concerned authorities. 5. Approving the principles and standards for licenses for maintenance workshops for air conditioning and refrigera tion equipment. 6. Approving the principles and criteria for granting profes sional practice certificates to technicians and workshops for refrigeration and air-conditioning equipment mainte nance, in coordination with the competent authorities. 7. Approving the quantities of the substances controlled un der the Protocol and its amendments, including the Kigali Amendment, which are permitted to be imported annually. c.1.The committee meets every 4 month or whenever nec essary at the invitation of its chairman or his deputy. The committee meetings shall be valid if a majority of its 20 members is present, provided that the chairman or his dep uty is present among the present members. 2.The committee takes its decisions with the majority of the votes of those present members and, if votes are equal, the chairman has the casting vote. 3.The committee shall appoint experts it deems appropri ate, as needed, provided that those experts have no right to vote. Article (4): The Unit shall assume the following tasks and powers: a) Coordinating between public and private sector institu tions, the Fund and the Implementing Agencies in relation to projects proposals and implement strategies, plans and programs necessary to enable Jordan to fulfill its obliga tions under the Convention and the Protocol. b) Following up the implementation of national strategies for the phase-down and phase-out of substances con trolled under the Protocol and its amendments, including the Kigali amendment, in coordination with the concerned authorities. c) Following up the implementation of the decisions of the States Parties, the Implementation Committee and the Ex ecutive Committee to manage the Fund. d) Preparing national communications and reports on ex ports and imports of substances controlled under the Pro tocol and sending them to the Ozone Secretariat at the United Nations Environment Program. 21 e) Preparing national communications and reports to the fund’s secretariat according to the forms approved by the executive committee and preparing periodic reports to the Executive Committee and the Executing Agencies about progress in project workflow. f) Granting approvals for importing and re-exporting sub stances controlled under the Protocol and the Equipment and tools contained therein. g) Quarterly collecting and analyzing data on importing and re-exporting substances controlled under the Protocol and the substances included therein. h) Establishing a list of the names of importers and the quantities of the substances controlled under the Protocol, permitted to be imported on an annual basis, including the distribution of shares to each importer. i) Disseminating information about technologies, scientif ic reports, alternative substances, and environmentally friendly technology. j) Building national capacities through implementing train ing programs both nationally and internationally. k) Enhancing environmental awareness of the importance of protecting the ozone layer and all issues related to the Convention, the Protocol and its amendments, including the Kigali amendments. 22 l) Creating an information base on Conventions, projects, training programs, the relevant authorities, and everything related to the protocol. m) Informing the Implementation Committee of cases of il legal trade, if they have occurred. Article (5): The Unit shall coordinate with the relevant public and pri vate sector to implement the HCFC phase-down program that has been approved by the States Parties to the Proto col and its amendments, as indicated below. HCFCS phase-down schedule Freezing consumption during 2013. Decreasing 10% during 2015 of the baseline. Decreasing 35% during 2020 of the baseline. Decreasing 67.5% during 2025 of the baseline. Decreasing 97.5 during 2030 of the baseline. Eliminating 2.5% of substances’ consumption in the mainte nance sector by 2040. Article (6): The Unit, in coordination with the public and private sector, shall implement the program of phasing down hydrofluoro carbons (HFCs), which have been approved by the states parties to the Kigali Amendments, as shown below: 23 Hydrofluorocarbons (HFCs) phase- down Program Freezing during the period between 2024-2028. Decreasing 10% during the period between 2029-2034. Decreasing 30% during the period between 2030-2039. Decreasing 50% during the period between 2040-2044. Decreasing 80% during 2045. Article (7): A. It is prohibited to establish new industrial establishments using the substances controlled under the Protocol, as shown in Table No. (2) attached to these instructions. B. It is prohibited to add any new production lines in the existing industrial establishments using the substances controlled under the Protocol, as shown in Table No. (2) attached to these instructions or any substances approved by the state parties to the Protocol, provided that the provi sions of these instructions apply to these substances. Article (8): Companies, factories and any importer shall not import and/or re-export CFCs, virgin halons, and equipment and tools contained therein, as shown in Table No. (1) attached to these instructions or handle them. Otherwise, they are re-exported at their own cost. 24 Article (9): A. The importer may import and export recycled chloroflu orocarbons (CFCs) and halons under the following condi tions: 1. He shall have a commercial register, a trade license, and an importer card issued by the concerned authorities. 2. The reasons for importing or exporting. 3. The approval of the country from/to which the goods are imported or exported. 4. The prior approval of the Ministry regarding importing or exporting. 5. The import is to cover the needs of critical uses or local needs. B. The importer shall re-export the recycled CFCs and ha lons that are non-conforming to standard specifications and technical rules, at his own cost within forty-five busi ness days from the date of the decision. C. The importer shall re-export the devices, equipment or systems containing CFCs, as shown in Table (1) attached to these instructions, to the country of origin or the country from which the goods are imported, directly and at his own expense within forty-five business days from the date of the decision. D. The importer shall re-export devices, equipment or sys tems containing halons to the country of origin or the coun try from which the goods are imported directly at his own expense and within forty-five business days from the date of the decision. 25 Article (10): The license to practice the profession for workers in air conditioning and refrigeration maintenance workshops is granted to any of the following cases: 1. a technician holding a certificate of industrial diploma, majoring in air conditioning and refrigeration. 2. a graduate of universities and polytechnic technical insti tutes in the field of engineering related to air conditioning and refrigeration 3. a technician holding a professional apprenticeship certif icate at a professional level. 4. A technician holding certificate of apprenticeship at a skilled level. 5. a person having experience in the profession of air con ditioning and refrigeration for a period not less than two years. b. taking into account paragraph (a) of this Article, it is man datory to successfully pass the theoretical and practical test organized by the competent authority to get certificate to practice the profession. Article (11): The workshops of maintenance of air conditioning and refrigeration shall provide the following requirements and other requirements determined by competent authorities so as to obtain funding from the Fund: Area and height of the workshop. Devices and equipment necessary to be provided in the workshop and general safety equipment for workers. 26 The number of technical and administrative workers. The workshop must have a license to practice the profes sion from the concerned authorities. Article (12): The workshops of maintaining the air-conditioning and re frigeration equipment provided by the Ministry with equip ment for recycling and recovery, and any other devices, shall comply with the following: A. The workshops shall supply the Ministry on a monthly basis with the quantities of gases recovered and reused. B. The workshops shall provide the Ministry with the quan tities of (polluted substances) resulting from the recovery operations of the refrigerant gases. C. To maintain recycling and recovery equipment and not to tamper with it. D. In the event that the Workshop is closed or sold, the own er of the Workshop shall inform the Ministry within a week. E. In the event that the owner of the Workshop becomes bankrupt, he shall inform the Ministry within a week and re turn the equipment and devices in good working condition. Article (13): The workshops shall pay the price of the equipment and tools to the Ministry in the event that the workshops dis mantle or sell or disrupt the equipment and tools supplied to them by the Ministry. 27 Article (14): It is allowed to import or re-export the controlled materials and the permitted materials which are shown in Tables No. (2) and No. (3) attached to these instructions in accordance with the following conditions: 1. The Ministry’s prior approval of import or re-export 2. Attach the original certificate of origin and the original approved purchase invoice. 3. The color of the cylinder must be identical to the interna tionally recognized colors, and the data and information are clearly and irremovably fixed on the cylinder. 4. Attach the original bill of lading. 5. Attach catalogs of imported devices and equipment. 6. Conformance of laboratory analyzes to the contents of cylinders, devices and equipment that contain hydrochloro fluorocarbons, according to the Jordanian standard speci fications and technical rules. Article (15): Any shipment of controlled substances may be released after fulfilling the following conditions: 1. Approval from the Ministry to import or re-export. 2. a commercial register, a trade license, and an importer card issued by the concerned authorities. 3. A valid import license or export permit. 4. The original purchase invoice and certificate of origin. 5. The color of the cylinder shall be identical to the interna tionally recognized colors. Further, the data and informa tion shall be clearly fixed on the cylinder and cannot be removed. 28 6. Customs inspection data 7. the operating manuals of imported or re-exported equip ment and tools. 8. The laboratory analysis shall match the contents of cyl inders or Equipment and tools containing HCFCs in accor dance with the national standard specifications and the ap proved technical and/or international rules. Article (16): The conditions for importing, re-exporting or releasing chemicals, chemical mixtures, devices, and equipment that contain controlled and permitted substances which are shown in Table No. (2) and No. (3) annexed to these instructions shall apply the provisions of Article 14 of these instructions and the provisions of Article (9) of these in structions shall be applied to the recycled materials shown in Table No. (1) Attached to these instructions. Article (17): The Ministry of Agriculture in coordination of the Ministry shall: 1. Estimate the permissible quantities of methyl bromide to be imported annually for quarantine and pre-shipment purposes. 2. Determine the entities permitted to use methyl bromide for quarantine and pre-shipment purposes. 3. Follow up on methyl bromide gas importers and ensure that it is sold or used only for their purposes. 4. grant Import Permits for the quantity permitted to be im ported according to the applicable legislation. 5. provides the Ministry with copies of the import permits 29 and entry data for the quantity of imported methyl bromide gas. Article (18): a. The Ministry, in coordination with the Jordan Customs Department, shall: 1. Provide the Jordan Customs Department with any in formation related to the substances controlled under the Protocol, as amended. 2. Train Jordan Customs officials at border-crossing points on the use of gas detection devices controlled under the Protocol and enhance their environmental awareness in this field. 3. Putt into effect the codes for substances controlled un der the Protocol. 4. Combat the illegal trade in substances controlled under the protocol, and their Equipment and tools through the coding system or any measures agreed upon. 5. provides the Jordan Customs Department with equip ment to combat illegal trade and to enhance the control of the substances controlled under the Protocol. b. The Jordan Customs Department shall provide the Min istry with data related to the import and re-export of con trolled substances according to the protocol, which were imported annually and during the month of February of each year. 30 Article (19) a. The Standards and Metrology Organization, in coopera tion with the Ministry shall: 1. Prepare and issue the technical specifications and rules for substances controlled under the Protocol and their sub stitutes. 2. Prepare and issue the specifications for Equipment and tools containing substances controlled under the Protocol. 3. provides the Ministry with a list of the substances con trolled under the Protocol and the Equipment and tools contained therein that have been imported or re-exported annually and during the month of February of each year. b. The Ministry, in coordination with the Standards and Me trology Organization shall: 1. trains the employees of the Standards and Metrology organization on devices for testing substances controlled under the Protocol. 2. provide the Standards and Metrology Organization with the necessary equipment to demonstrate the extent of con formity of the substances controlled under the Protocol and their alternatives to the national or international technical specifications and rules. Article (20): a: The Chambers of Industry and Commerce, in coordina tion with the Ministry shall: 1. provide the Ministry with existing industries using sub stances controlled under the Protocol. 2. provide the Ministry with a list of the names of the main 31 tenance workshops for Equipment and tools that contain substances controlled under the Protocol. 3. provide the Ministry with a list of the names of traders importing the substances controlled under the Protocol. 4. Enhancing environmental awareness among the industri al and commercial sectors’ workers, of the substances pro hibited, permitted and controlled under the Protocol, the Equipment and tools operating using these substances. b. the Ministry shall train industrial sector on the use of equipment and tools using controlled substances under the Protocol, Article (21): a, The Vocational Training Corporation, in coordination with the Ministry shall: 1. prepares a guide for training professionals working in the workshops of maintenance of Equipment and tools con taining substances controlled under the Protocol. 2. Training of trainers in order to build national capacities in the field of maintenance and sustainability of Equipment and tools containing substances controlled under the Pro tocol. b. The Ministry shall: 1.Supply the maintenance workshops with the necessary Equipment and tools and recycle the gases controlled un der the Protocol. 2. Not allow maintenance workshops to practice the profes sion unless it has obtained approval from the Corporation and the relevant authorities. Further, workers at workshops 32 shall be qualified. Article (22): In cooperation with the Unit and in coordination with the rel evant authorities, the Ministry shall meet the requirements of the protocol in order to provide technical and techno logical support, Equipment and tools necessary to enable them to carry out their duties. Article (23): All sectors using substances controlled under the Protocol and their alternatives shall provide the Ministry with infor mation on level of the consumption of these substances. Article (24): All companies and factories producing products that op erate with or contain controlled or eco-friendly substanc es, shall write the commercial and scientific name on these products. They shall also place a label in accordance with the specifications issued by the Standards and Metrology Organization. Article (25): The Ministry, in cooperation with the Public Security Di rectorate / Civil Defense Directorate in the area of importing and re-exporting recycled halons, shall do the following: a. Determining the entities and institutions classified as or ganization needing critical uses of recycled halons. 33 b. Estimating the annual amount of the recycled halons that the agencies need. c. Granting prior approvals to import or re-export recycled halons. d. Collecting and storing the halons used in the systems that are either being replaced or dispensed with. e. Obligating establishments that have fire extinguishers and fire extinguishing systems containing halons to replace them with alternative eco- friendly systems. Article (26) a. The Ministry, in coordination with the Ministry of Educa tion, shall do the following: 1. Provide the Ministry of Education with all information re lated to air conditioning and refrigeration in accordance with the Montreal Protocol and the Kigali Amendment, as well as providing industrial schools with the necessary equipment and tools in order to develop the air conditioning and refrig eration laboratories in line with the possibilities according to the projects to be financed by the fund. 2. train the engineers and technicians theoretically and practically on subjects related to the Protocol and its amendments. b. The Ministry of Education shall: 1. approve the scientific resources prepared in coordina tion between the Ministry, the Ministry of Education and the Vocational Training Corporation as sources and means of 34 assistance, in line with the available possibilities. 2. Enhancing awareness among students, especially in in dustrial schools, of environmentally sound concepts and practices. Article (27): The Ministry, in cooperation with the Professional and Technical Skills Development Authority, with regard to im plementing national strategies for substances controlled under the Protocol, shall: a. Develop and update training programs for granting cer tificates of practicing the profession for workers in work shops for maintenance of air conditioning and refrigeration equipment, in line with their capabilities. b. Develop and update the requirements and bases for cer tificates of practicing the profession for air conditioning and refrigeration workshops in accordance with the require ments of the Protocol, including the development of the technician’s examination curriculum in order for obtaining a certificate of practicing the profession and the necessary requirements for those wishing to apply for the certificates of practicing the profession, if possible. Article (28): a. Every importer shall obtain prior approval of the Minis try to import hydrofluorocarbons as of the date of entry of these instructions. b. The quantity permitted to be imported will be determined from the first of January 2024. 35 c. the basis for distributing shares of these quantities to importers will be approved according to the principles ap proved by the unit from the first of January 2024 and ac cording to the timelines indicated in Article (6) of these in structions. Article (29): It is prohibited to import or re-export (HCFC 141b) or mix tures that contain it and are used in the field of thermal in sulation as of 1/1/2022 in the event of the completion of the project financed by the Fund. Otherwise, the Minister shall, according to the Executive Committee approval, extend the appropriate period to enable companies to import and use these substances until the completion of the project as deemed appropriate. Article (30): a- It is prohibited to release the prohibited ozone depleting substances, shown in Table No. (1) attached to these in structions and the controlled substances under the Proto col shown in Table No. (2) attached to these instructions to the atmosphere. The workshops and stores repairing and maintaining the refrigeration and air conditioning equip ment and tools shall recover these substances with gener ally accepted technical devices and means in accordance with environmental principles, standards and requirements. b- The workshops and stores repairing and maintaining the refrigeration and air conditioning equipment and tools shall use and maintain the recovery devices and recycle the re 36 frigerant gases granted by the Ministry. They shall not dis pose of them or any part thereof. Otherwise, the owner of the workshop or store shall bear the price of these devices. Article (31): Companies, enterprises and bodies importing controlled substances under the Protocol shall provide the Ministry, semiannually and annually, with data on imported, sold, used and remaining quantities and equipment, tools and compressors and the controlled substances quantities used. Article (32): a. It is prohibited to import HCFCs for use in manufactur ing Chillers and Air Conditioning as of December 31, 2016. Otherwise, the importer shall re-export HCFC’s to the coun try of origin or the country from which it is imported direct ly and at his own expense within forty-five business days from the date of the decision. He shall also bear any other legal and financial consequences. HCFC’s is not allowed to be destroyed within the borders of Jordan. b. Every importer importing chillers and air conditioning equipment containing HCFCs after 12.31.2016 shall return them to the country of origin or the country from which they were imported directly at his own expense and within for ty-five working days from the date of the decision. 37 Article (33): a- It is prohibited to import used individual and central chillers equipment and systems or used refrigeration equip ment and systems or their components (i.e., compressors and air-conditioning units). In the event of their importing this equipment, the importer shall return them to the coun try of import within forty-five days from the date of the de cision and at his own expense. b. It is prohibited for every person to produce chillers or air conditioners devices, equipment and systems depending on HCFCs after December 31, 2016. Otherwise, they will be disposed of in an environmentally safe way and at his own expense. Article (34): Upon total or partial stopping by the importer to import the substances controlled under the Protocol set forth in Ta ble No. (2) attached to these instructions and equipment and tools because of bankruptcy or for any other reason, he shall notify the Ministry of this matter within one month from its date. The Ministry has also the right to dispose of the share allocated to it in the best public interest. Article (35): An importer having prior approval from the Ministry to im port controlled substances under the protocol, as shown in Table No. (2) attached to these instructions, shall not assign his share or any part thereof for the benefit of others unless after obtaining a written approval from the Ministry to do 38 so. Article (36): Every importer who imports any virgin materials, devices or equipment containing any of the materials shown in Table No. (1) attached to these instructions, is obligated to return them to the country of origin or the country from which they are imported directly and at his own expense and within a period of forty-five working days from the date of the deci sion. Article (37): a. Entities benefited from the grants of the Protocol for a technological conversion for the use of a substance or sub stances controlled under the Protocol shall: 1. Dismantle and destroy old equipment under the super vision of the Ministry and/or the Implementing Agency in accordance with the procedures approved by the Fund. 2. Not to return in any way to use this substance(s) or any other substances controlled by the Protocol or to produce devices or equipment containing therein, as shown in Table No. (2) attached to these instructions. b. The companies and factories that have benefited from the Fund to phaseout or phase down the controlled substanc es shown in Table No. (2) attached to these instructions and have switched to alternatives and re-use these substances must closed until their conditions are corrected. 39 Article (38): The authorities concerned with solid or hazardous waste management shall prevent the disposal of the locally used devices or equipment containing substances controlled un der the Protocol except after the approval of the Ministry in accordance with the procedures to be approved. Article (39): The provisions of these instructions and agreements con cluded with the Executive Committee and any agreements concluded with the Executive Committee or the Imple menting Agencies shall apply to companies and factories, as well as to the workshops and establishments of various kinds that are using controlled substances and work in the field of manufacturing commercial and domestic refrigera tors and air conditioners, and the companies and institu tions working in the field of insulation of all kinds. Article (40): Companies, factories, and workshops for the maintenance of air-conditioning and refrigeration equipment used for the substances indicated in Tables No. (2) and (3) attached to these instructions and alternatives to these new substanc es and technologies shall comply with any legislation relat ing to public safety and the implementation of the environ mental management plan. 40 Article (41): Anyone violating any of the provisions of these instructions, including companies, factories, workshops and importers shall be punished with the following: 1. The facility manufacturing air-conditioning and refriger ation equipment and workshops for maintaining air-con ditioning and refrigeration equipment, which have been equipped with refrigerant and air-conditioning recovery de vices, shall be closed after addressing them in writing, until their conditions are corrected. 2. The import permit shall be withdrawing from the import ers for a full year. 3. The recycling and inspection devices supplied to the workshops by the Ministry shall be withdrew and not re turned to those maintenance workshops under any circum stances. Article (42): The companies and factories producing equipment and tools that contain any of the substances mentioned in Tables No. (2) and (3) shall put non-removable locally ap proved stickers on the devices in order to indicate informa tion about energy efficiency, gas type, and any other infor mation required by the relevant authorities. Article (43): In the event that the imported materials or the devices and equipment they contain do not conform to the approved specifications set forth in Tables No. (2) and No. (3) at tached to these instructions, the importer shall return them 41 to the country of origin or the country from which they are imported at his own expense and within forty-five working days from the date of the decision Article (44): The importer, in the event of importing or re-exporting the materials, mixtures, devices and equipment that they con tain and referred to in violation of the provisions of Article (16) of these instructions, shall return them to the country of origin or the country from which they are imported, at his own expense, and within a period of forty-five working days from the date of the decision. Article (45): The chemical mixtures shown in the Tables Nos. (2) and (3) attached to theses instructions containing hydrochlorofluo rocarbons (HCFCs) and hydrofluorocarbons (HFCs) may be imported as per conditions provided in Article No. (14) of these instructions. Article (46) Companies and factories using HCFCs that were estab lished after 2007 are not eligible for funding. Article (47) Companies and factories using HFCs that were established after 2020 are not eligible for funding. 42 Article (48) a. All factories and companies established before 2007 and using HCFCs are eligible for funding from the Fund. b. The companies and factories using HFCs and estab lished before 2020 are eligible for funding from the Fund re gardless of the number of conversion operations and their access to fund for the first and second stages that have previously obtained by those factories and companies. Article (49) Importers may import the substances indicated in Table No. (3) of these instructions in the quantities they request, provided that they shall comply with national and interna tional specifications in accordance with the provisions of Articles (9) and (14). Article (50): The summary statement submission and pre-clearance procedures by law shall apply to the controlled substances under these instructions. Article (51): Upon the recommendation of the National Committee, the Minister may amend these instructions as necessary. 43 Article (52): Instructions for controlling the use, import and re-export of substances controlled under the Montreal Protocol and the tools and equipment included therein for the year 2016, published on page 3951 of the Official Gazette No. 5410 dated 07/17/2016 shall be null and void. Nabil Masarweh Minister of Environment 44 Table No. (1): The prohibited ozone depleting substances ODS CHEMICAL NAME HS CODE EU 2012 CAS NUMBER CFC-11 (CCl3F) Trichlorofluoro methane 2903.77 75-69-4 CFC-12 (CCl2F2) Dichlorodifluoro methane 2903.77 75-71-8 CFC-113 (C2F3Cl3) 1,1,2-Trichloro trifluoroethane 2903.77 76-13-1 CFC-114 (C2F4Cl2) Dichlorotetra fluoroethane 2903.77 76-14-2 CFC-115 (C2F5Cl) Monochloropen tafluoroethane 2903.77 76-15-3 Halon 1211 (CF2ClBr) Bromochlorodi fluoromethane 2903.76 353-59-3 Halon 1301 (CF3Br) Bromotrifluoro methane 2903.76 75-63-8 Halon 2402 (C2F4Br2) Dibromotetra fluoroethane 2903.76 124-73-2 CFC-13 (CF3Cl) Chlorotrifluoro methane 2903.77 75-72-9 CFC-111 (C2FCl5) Pentachlorofluoroethane 2903.77 354-56-3 CFC-112 (C2F2Cl4) Tetrachlorodi fluoroethane 2903.77 76-12-0 CFC-211 (C3FCl7) Heptachlorofluo ropropane 2903.77 422-78-6 45 CFC-212 (C3F2Cl6) Hexachlorodi fluoropropane 2903.77 3182-26-1 CFC-213 (C3F3Cl5) Pentachlorotri fluoropropane 2903.77 2354-06-5 CFC-214 (C3F4Cl4) Tetrachloro tetrafluoropropane 2903.77 29255-31 0 CFC-215 (C3F5Cl3) Trichloropenta fluoropropane 2903.77 4259-43-2 CFC-216 (C3F6Cl2) Dichlorohexa fluoropropane 2903.77 661-97-2 CFC-217 (C3F7Cl) Chloroheptafluo ropropane 2903.77 422-86-6 CCl4 Carbon tetrachloride 2903.14 56-23-5 Methyl Chlo roform (C2H3Cl3) 1,1,1-trichlo roethane 2903.19 71-55-6 R-500 CFC-12/HFC-152a 3824.1 75-71-8 75-37-6 R-502 HCFC22/CFC-115 3824.71 75-45-6 76-15-3 Methyl Bro mide* It is allowed to be import ed only for the purposes of quarantine and shipment (CH3Br) 74-83-9 2903.39 46 Table No. (3): The substances allowed to be imported Common Name Chemical Name CAS NUM BER HS code Ashare R-1,2,3,4y HFC-1,2,3,4yf OR CF3 CF=CH2 754-12-1 2903 .39 3 1 R-717 Ammonia NH3 7664-41-7 2814.10 R-744 Carbon dioxide CO2 124-38-9 2811.21 HC-600 Butane CH3 CH2 CH2 CH 106-97-8 2901.10* HC-600a Iso-Butane C4 H10 75-28-5 2901.10* HC-290 Propane C3 H8 74-98-6 2711.12 HFO-1234ze C3H2F4 29118-24-9 HFO-1234yf C3H2F4 754-12-1 HFO-1233zd(E) trans-1-Chloro-3,3,3 trifluoropropene 102687-65-0 47 48