united nations environment programme regional ozone network for europe & central asia compliance...

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Regional Ozone Network for Europe & Central AsiaCompliance Assistance Programme

Side event at 30th OEWG

CAP initiativesto prevent illegal trade in ODS

Halvart Koeppen, Regional Officer (ECA)

15 June 2010International Conference Centre

Geneva, Switzerland

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ECA enforcement network meeting in Budapest, Hungary, 12-14 October 2009

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Regional Ozone Network for ECACompliance Assistance Programme

Informal Prior Informed Consent (iPIC) Desk study on data discrepancies Trade with recycled substances Trade between Parties and non-Parties Customs focal points ECA Ozone Award 2010 for Customs &

EnforcementOfficers

Awarenessoperations

ECA enforcement network meeting in Budapest, Hungary, 12-14 October 2009

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Informal Prior Informed Consent

iPIC info sheets• Registered importers & exporters• Trade restrictions and bans• Focal point contacts• Password protected website

2010 participation• 68 countries including trade partners

China, EU, Israel, Singapore• 12 out of 16 ECA / CEIT countries

2009 statistics• 38 consultations recorded• 11 shipments rejected

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2009 CFC Halon CTC MB HBFC HCFC HFC R502 Total

Approved 4 1 2 7 1 15Rejected 3 4 2 1 1 11Unknown 1 8 1 1 1 12

Total 7 1 5 12 1 9 1 2 38

Requesting countries:European Union (19), China (17), Serbia (1), Singapore (1)

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Desk study on data discrepancies

Preventing illegal trade in controlled ODS

(Decision XVII/16)

To request the Ozone Secretariat to revise the reporting

format resulting from Decision VII/9 to cover exports

(including re-exports) of all controlled ozone-depleting

substances, including mixtures containing them, and to urge

the Parties to implement the revised reporting format

expeditiously.

The Ozone Secretariat is also requested to report back

aggregated information related to the controlled substance

in question received from the exporting/re-exporting Party to

the importing Party concerned

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ECA desk study on data discrepancies

Discrepancies by substance

2007 2008

CFC 59,5 29,6

Halon 9,6 0,03

CTC 0,4 0,5

MCF - 0,01

HCFC 2004 5765

MeBr 5,7 136

ECA & 4 CEITs 2079 5931

European Union 13651

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ECA desk study on data discrepancies

Scenario I: Imports reported by importing Party are higher that exports reported by exporting Parties

Exporting country did not report exportsAction: Import county to remind export country to report

destination of exports

Scenario II: Imports reported by importing Party are lower that exports reported by exporting Parties

Potential mis-declaration of destination country or re-exportPotential error in reported imports (compliance relevant)Potential illegal tradeAction: Import country to check

data with export country

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Trade with recycled ODS

Export destination for recycled ODSOnly 2 MT of exports reported to ECA & 4 CEITs in 2008

Action: Export countries to report destination of recycled ODS

Carbon credits for CFC destructionRisk of production of virgin CFC for destructionFuture ban of imports of virgin CFC for destruction

Risk of mis-labeling of virgin CFCs as recycled substance

Large-scale cases of mislabeling as recycled CFCsInvestigation of large scale illegal trade of CFCsNo export licenses for recycled substances issued

Certificates of recycled substance falsified

Action: Vigilance to any substance declared as recycled and verification with country of origin through iPIC

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Trade between Parties and non-Parties

Decision XV/3: Obligations of Parties to theBeijing Amendment under Article 4 of theMontreal Protocol with respect to HCFCs

Non-official summary:

Preamble: Parties to Beijing Amendment to ban import and export of HCFCs from any non-Party from 1.1.2004.

Para 1: Parties to the Beijing Amendment to “determine their obligation” to ban import and export of HCFCs with respect to non-Parties to the Beijing Amendment by 1.1.2004.

Para 1a: The term non-Party does not apply to A5 countries until 1.1.2013* when HCFC control measures apply to A5 countries for production & consumption).*As amended by Decision XX/9.

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Trade between Parties and non-Parties

Reporting export destination as per Decision XV/16Party to Beijing Amendment reported HCFC export to a non-Party which is not a Article 5 countryContradiction to Decision XV/3 (amended by Decision XX/9)

Issue will be considered by ImpCom 45Action: Parties to the Beijing Amendment to “determine their obligation” to ban import and export of HCFCs with respect to non-Parties.Action: 34 non-Parties to ratify Beijing Amendment

Customs UnionFree trade between Parties(Russia, Belarus) andnon-Parties (Kazakhstan)to Beijing Amendment

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Conclusion & recommendations

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Regional Ozone Network for ECACompliance Assistance Programme

Thank you

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Decision XV/3: Obligations of Parties to the Beijing Amendment under Article 4 of the Montreal Protocol with respect to hydrochlorofluorocarbons

Affirming that it is operating by consensus,Reaffirming the obligation to control consumption of hydrochlorofluorocarbons by the Parties to the amendment adopted by the Fourth Meeting of the Parties to the Montreal Protocol at Copenhagen on 25 November 1992 (the “Copenhagen Amendment”),Reaffirming the obligation to control production of hydrochlorofluorocarbons by the Parties to the amendment adopted by the Eleventh Meeting of the Parties to the Montreal Protocol at Beijing on 3 December 1999 (the “Beijing Amendment”),Strongly urging all States not yet party to the Copenhagen or Beijing Amendments to ratify, accede to or accept them as soon as possible,

Recalling that, as of 1 January 2004, the Parties to the Beijing Amendment have accepted obligations under Article 4, paragraph 1 quin., and paragraph 2 quin., of the Protocol to ban the import and export of the controlled substances in group 1 of Annex C (hydrochlorofluorocarbons) from any “State not party to this Protocol”, Noting that Article 4, paragraph 9 of the Protocol provides that “for the purposes of this Article, the term ‘State not party to this Protocol’ shall include, with respect to a particular controlled substance, a State or regional economic integration organization that has not agreed to be bound by the control measures in effect for that substance”,Noting also that Article 4, paragraph 8 of the Protocol permits Parties to the Beijing Amendment to import and export hydrochlorofluorocarbons from “any State not party to this Protocol, if that State is determined, by a Meeting of the Parties, to be in full compliance with Article 2, Articles 2A–2I and this Article, and have submitted data to that effect as specified in Article 7”,Acknowledging that the meaning of the term “State not party to this Protocol” may be subject to differing interpretations with respect to hydrochlorofluorocarbons by Parties to the Beijing Amendment, given that control measures for the consumption of hydrochlorofluorocarbons were introduced in the Copenhagen Amendment while control measures for the production of hydrochlorofluorocarbons were introduced in the Beijing Amendment,Acknowledging also that, for those Parties operating under Article 5, paragraph 1, of the Protocol no control measures for the consumption or production of hydrochlorofluorocarbons will be in effect under either the Copenhagen or Beijing Amendments until 2016, Desiring to decide in that context on a practice in the application of Article 4, paragraph 9 of the Protocol by establishing by consensus a single interpretation of the term “State not party to this Protocol”, to be applied by Parties to the Beijing Amendment for the purpose of trade in hydrochlorofluorocarbons under Article 4 of the Protocol,Expecting Parties to the Beijing Amendment to import or export hydrochlorofluorocarbons in ways that do not result in the importation or exportation of hydrochlorofluorocarbons to any “State not party to this Protocol” as that term is interpreted herein, recognizing the need to assess the fulfilment of that expectation,

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Decision XV/3: Obligations of Parties to the Beijing Amendment under Article 4 of the Montreal Protocol with respect to hydrochlorofluorocarbons

1. That the Parties to the Beijing Amendment will determine their obligations to ban the import and export of controlled substances in group I of Annex C (hydrochlorofluorocarbons) with respect to States and regional economic organizations that are not parties to the Beijing Amendment by January 1 2004 in accordance with the following:

a) The term “State not party to this Protocol” in Article 4, paragraph 9 does not apply to those States operating under Article 5, paragraph 1, of the Protocol until January 1, 2013* when, in accordance with the Copenhagen and Beijing Amendments, hydrochlorofluorocarbon production and consumption control measures will be in effect for States that operate under Article 5, paragraph 1, of the Protocol;

b) The term “State not party to this Protocol” includes all other States and regional economic integration organizations that have not agreed to be bound by the Copenhagen and Beijing Amendments;

c) Recognizing, however, the practical difficulties imposed by the timing associated with the adoption of the foregoing interpretation of the term “State not party to this Protocol,” paragraph 1 (b) shall apply unless such a State has by 31 March 2004:

(i) Notified the Secretariat that it intends to ratify, accede or accept the Beijing Amendment as soon as possible;

(ii) Certified that it is in full compliance with Articles 2, 2A to 2G and Article 4 of the Protocol, as amended by the Copenhagen Amendment;

(iii) Submitted data on (i) and (ii) above to the Secretariat, to be updated on 31 March 2005,in which case that State shall fall outside the definition of “State not party to this Protocol” until the conclusion of the Seventeenth Meeting of the Parties;

2. That the Secretariat shall transmit data received under paragraph 1 (c) above to the Implementation Committee and the Parties;3. That the Parties shall consider the implementation and operation of the foregoing decision at the Sixteenth Meeting of the

Parties, in particular taking into account any comments on the data submitted by States by 31 March 2004 under paragraph 1 (c) above that the Implementation Committee may make;*as amended by Decision XX/9

united nations environment programme regional ozone network for europe & central asia compliance...

Documents

ozone secretariat

export country slide

regional officer eca

recycled substances

ipic slide

export countries

data discrepancies trade

switzerland slide