DENR ADMINISTRATIVE ORDER NO. 2000-18, February 23, 2000
CHEMICAL CONTROL ORDER FOR OZONE DEPLETING SUBSTANCES (ODS)
Series of 1987, Republic Act No. 6969 (Toxic Substances and Hazardous
and Nuclear Wastes Control Act of 1990), Section 30 of Republic Act No.
8749 (The Philippine Clean Air Act of 1999) and Resolution No. 25 dated
10 March 1993 of the Senate of the Republic of the Philippines ratifying
the Montreal Protocol on Substances that Deplete the Ozone Layer as adjusted and amended by the Second Meeting of the Parties in London, 27-29 June 1990 and further amended by the Third Meeting of the Parties in Nairobi, 19-21 June 1991, the Department hereby promulgates the following Chemical Control Order, hereinafter referred to as CCO:
SECTION 1. DECLARATION OF POLICY . — It is
the policy of the State to regulate, restrict or prohibit the import,
export, use, manufacture, transport, processing, storage, possession or
sale of ozone-depleting substances to abate or minimize their risks and
hazards to the stratospheric ozone, public health, and the environment.
SECTION 2. COVERAGE . — This CCO covers the
ban, limit and/or regulate the use, manufacture, import, export,
transport, processing, storage, possession or sale of the following
chemical substances to wit:
2.1 Groups I and II of Annex A, and Groups I, II and III of
Annex B of the Montreal Protocol. Regardless of source, these substances
listed below can be in forms defined under Article I, paragraph 4 of
the Montreal Protocol as clarified under Decision I/12A of the First
Meeting of the Parties and Decision II/4 of the Second Meeting of the
Parties, herein enclosed as Appendix I. (Text available at ONAR, U.P. Law Center).
In general, these substances can be existing alone or in mixtures,
can be contained in bulk for transport and/or storage, part of a use
system or equipment, or used and/or contained in a manufactured product,
to wit:
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Group |
Substance |
Ozone-Depleting Potential[1] |
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ANNEX A: CONTROLLED SUBSTANCES |
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Group I |
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CFCl 3 |
(CFC-11) |
1.0 |
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CF 2Cl 2 |
(CFC-12) |
1.0 |
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C2F 3Cl 3 |
(CFC-113) |
0.8 |
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C 2F 4Cl 2 |
(CFC-114) |
1.0 |
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C 2F 5Cl |
(CFC-115) |
0.6 |
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Group II |
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CF 2BrCl |
(halon-1211) |
3.0 |
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CF 3Br |
(halon-1301) |
10.0 |
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C 2F 4Br 2 |
(halon-2404) |
6.0 |
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ANNEX B: CONTROLLED SUBSTANCES
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Group I |
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CF 3Cl |
(CFC-13) |
1.0 |
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C 2FCl 5 |
(CFC-111) |
1.0 |
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C 2F 2Cl 4 |
(CFC-112) |
1.0 |
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C 3FCl 7 |
(CFC-211) |
1.0 |
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C 3F 2Cl 6 |
(CFC-212) |
1.0 |
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C 3F 3Cl 5 |
(CFC-213) |
1.0 |
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C 3F 4Cl 4 |
(CFC-214) |
1.0 |
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C 3F 5Cl 3 |
(CFC-215) |
1.0 |
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C 3F 6C l2 |
(CFC-216) |
1.0 |
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C 3F 7Cl |
(CFC-217) |
1.0 |
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Group II |
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CCl 4 |
(carbon tetrachloride) |
1.1 |
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Group III |
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C2H3Cl3 |
(1,1,1-trichloroethane/ methyl chloroform) |
0.1 |
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2.2 The substances listed below as Annex C and Annex E are not
covered by Section 3 of this CCO until such time that the Senate of the
Philippines ratifies the amendments and adjustments to the Montreal
Protocol starting on the agreements of the Fourth Meeting of the Parties
(Copenhagen, 23-25 November 1992) onwards.
However, any importation of these substances is subject to
Pre-Shipment Importation Clearance as required under Section 6 hereof
except for Group I of Annex E (methyl bromide) which is being regulated
by the Fertilizer and Pesticide Authority of the Department of
Agriculture.
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Group |
Substance |
# of Isomers |
Ozone-Depleting Potential [2] |
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ANNEX C |
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Group I |
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CHFCI 2 |
(HCFC-21) |
1 |
0.04 |
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CHF 2CI |
(HCFC-22) |
1 |
0.055 |
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CH 2FCI |
(HCFC-31) |
1 |
0.02 |
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C 2HFCI 4 |
(HCFC-121) |
2 |
.01-0.04 |
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C 2HF 2C I3 |
(HCFC-122) |
3 |
02-0.08 |
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C 2HF 3CI 2 |
(HCFC-123) |
3 |
.02-0.06 |
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CHCI 2CF 3 |
(HCFC-123) |
– |
0.02 |
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C 2HF 4CI |
(HCFC-124) |
2 |
.02-0.04 |
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CHFCICF 3 |
(HCFC-124) |
– |
0.022 |
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C 2H 2FCI 3 |
(HCFC-131) |
3 |
.007-0.05 |
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C 2H 2F 2CI 2 |
(HCFC-132) |
4 |
0.008-0.05 |
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C 2H 2F 3CI |
(HCFC-133) |
3 |
.02-0.06 |
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C 2H 3FCI 2 |
(HCFC-141) |
3 |
.005-0.07 |
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CH 3CFCI 2 |
(HCFC-141b) |
– |
0.11 |
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C 2H 3F 2CI |
(HCFC-142) |
3 |
.008-0.07 |
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CH 3CF 2CI |
(HCFC-142b) |
– |
0.065 |
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C 2H 4FCI |
(HCFC-151) |
2 |
.003-.005 |
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C 3HFCI 6 |
(HCFC-221) |
5 |
0.015-0.07 |
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C 3HF 2CI 5 |
(HCFC-222) |
9 |
0.01-0.09 |
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C 3HF 3CI 4 |
(HCFC-223) |
12 |
0.01-0.08 |
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C 3HF 4CI 3 |
(HCFC-224) |
12 |
0.01-0.09 |
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C 3HF 5CI 2 |
(HCFC-225) |
9 |
0.02-0.07 |
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CF 3CF 2CHCI 2 |
(HCFC-225ca) |
– |
0.025 |
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CF 2CICF 2CHCIF |
(HCFC-225cb) |
– |
0.033 |
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C 3HF 6CI |
(HCFC-226) |
5 |
0.02-0.10 |
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C 3H 2FCI 5 |
(HCFC-231) |
9 |
0.05-0.09 |
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C 3H 2F 2CI 4 |
(HCFC-232) |
16 |
008-0.10 |
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C 3H 2F 3CI 3 |
(HCFC-233) |
18 |
0.007-0.23 |
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C 3H 2F 4CI 2 |
(HCFC-234) |
16 |
0.01-0.28 |
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C 3H 2F 5CI |
(HCFC-235) |
9 |
0.03-0.52 |
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C 3H 3FCI 4 |
(HCFC-241) |
12 |
0.004-0.09 |
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C 3H 3F 2CI 3 |
(HCFC-242) |
18 |
0.005-0.13 |
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C 3H 3F 3CI 2 |
(HCFC-243) |
18 |
0.007-0.12 |
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C 3H 3F 4CI |
(HCFC-244) |
12 |
0.009-0.14 |
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C 3H 4FCI 3 |
(HCFC-251) |
12 |
0.001-0.01 |
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C 3H 4F 2CI 2 |
(HCFC-252) |
16 |
0.005-0.04 |
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C 3H 4F 3CI |
(HCFC-253) |
12 |
0.003-0.03 |
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C 3H 5FCI 2 |
(HCFC-261) |
9 |
0.002-0.02 |
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C 3H 5F 2CI |
(HCFC-262) |
9 |
0.002-0.02 |
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C 3H 6FCI |
(HCFC-271) |
5 |
0.001-0.03 |
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Group II |
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1 |
1.00 |
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CHFBr2 |
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CHF2Br |
(HBFC-22B1) |
1 |
0.74 |
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CH2FBr |
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1 |
0.73 |
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C2HFBr4 |
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2 |
0.0-0.8 |
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C2HF2Br3 |
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3 |
0.5-1.8 |
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C2HF3Br2 |
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3 |
0.4-1.6 |
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C2HF4Br |
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2 |
0.7-1.2 |
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C2H2FBr3 |
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3 |
0.1-1.1 |
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C2H2F2Br2 |
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4 |
0.2-1.5 |
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C2H2F3Br |
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3 |
0.7-1.6 |
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C2H3FBr2 |
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3 |
0.1-1.7 |
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C2H3F2Br |
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3 |
0.2-1.1 |
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C2H4FBr |
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2 |
0.07-0.1 |
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C3HFBr6 |
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5 |
0.3-1.5 |
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C3HF2Br5 |
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9 |
0.2-1.9 |
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C3HF3Br4 |
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12 |
0.3-1.8 |
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C3HF4Br3 |
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12 |
0.5-2.2 |
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C3HF5Br2 |
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9 |
0.9-2.0 |
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C3HF6Br |
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5 |
0.7-3.3 |
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C3H2FBr5 |
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9 |
0.1-1.9 |
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C3H2F2Br4 |
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16 |
0.2-2.1 |
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C3H2F3Br3 |
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18 |
0.2-5.6 |
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C3H2F4Br2 |
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16 |
0.3-7.5 |
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C3H2F5Br |
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8 |
0.9-1.4 |
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C3H3FBr4 |
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12 |
0.08-1.9 |
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C3H3F2Br3 |
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18 |
0.1-3.1 |
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C3H3F3Br2 |
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18 |
0.1-2.5 |
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C3H3F4Br |
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12 |
0.3-4.4 |
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C3H4FBr3 |
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12 |
0.03-0.3 |
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C3H4F2Br2 |
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16 |
0.1-1.0 |
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C3H4F3Br |
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12 |
0.07-0.8 |
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C3H5FBr2 |
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9 |
0.04-0.4 |
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C3H5F2Br |
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9 |
0.07-0.8 |
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C3H6FBr |
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5 |
0.02-0.7 |
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ANNEX E |
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Group I |
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CH3Br |
methyl bromide |
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0.6 |
SECTION 3. CONTROL MEASURES AND PHASE-OUT SCHEDULES . —
3.1 BAN ON THE MANUFACTURE OF SUBSTANCES LISTED UNDER SECTION 2.1 AND THEIR USE IN THE MANUFACTURE OF PRODUCTS
3.1.1 Starting 01 January 2000, no person, natural or juridical,
will be allowed to locally manufacture these substances in whatever
quantity, either alone or in mixtures. Further, the use of these
substances in the manufacture of products shall also be prohibited
unless otherwise duly certified as for essential uses by the DENR-EMB
pursuant to Section 3.2.2 hereof.
3.1.2 The use of these substances in the manufacture of products
that are certified as for essential uses will be allowed only until 31
December 2010. This deadline may be moved forward by the DENR-EMB, motu
proprio, as maybe deemed necessary.
3.2 Prohibitions and Controls of Importation.
3.2.1 This CCO affirms the previous ban on imports in any amount of the following substances whether alone or in mixtures:
(a) CFC 11 and CFC 12 banned for importation for use on
new equipment and/or products starting 01 January 1999. Importation of
these substances will only be allowed to service existing products
and/or equipment.(b) CFC 113 since 01 January 1997 and CFC 114 and CFC 115 since 01 January 1999
(c) Group II Annex A since 01 January 1999
(d) Group I Annex B starting 01 January 2000
(e) Group II Annex B since 01 January 1997
For mixtures or blends containing any of the substances above, the ban will be imposed starting 01 January 2000.
3.2.2 The DENR-EMB will accept importation of these substances
solely for essential uses (medical application such as in metered dose
inhalers, laboratory and analytical uses, quarantine and pre-shipment)
and for the servicing requirements of existing equipment/products.3.2.3 Consistent with Section 3.2.1(a) hereof, individual annual
import quota per substance of Group I of Annex A shall be determined by
the DENR-EMB for each registered importer.3.2.4 In case of mixtures or blends containing any of the
substances under Group I of Annex A and/or Group I of Annex B, the
calculation of import quota shall be based on the percent content by
weight of these substances.3.2.5 The 1996 estimated consumption (based on the Updated Philippine Country Program) shall be used as baseline level [3]. The annual import quota is non-cumulative[4] . The total annual imports shall strictly follow the phase-out schedule below:
(a) At the year ending 31 December 1999, import shall not
exceed ninety per cent (90%) of 1996 recorded imports by weight;(b) At the year ending 31 December 2000, imports shall not
exceed eighty per cent (80%) of 1996 recorded imports by weight;(c) At the year ending 31 December 2001, imports shall not
exceed seventy-five per cent (75%) of 1996 recorded imports by weight;(d) At the year ending 31 December 2002, imports shall not
exceed seventy per cent (70%) of 1996 recorded imports by weight;(e) At the year ending 31 December 2003, imports shall not
exceed sixty-five per cent (65%) of 1996 recorded imports by weight;(f) At the year ending 31 December 2004, imports shall not
exceed sixty per cent (60%) of 1996 recorded imports by weight;(g) At the year ending 31 December 2005, imports shall not
exceed fifty per cent (50%) of 1996 recorded imports by weight;(h) At the year ending 31 December 2006, imports shall not
exceed forty-five per cent (45%) of 1996 recorded imports by weight;(i) At the year ending 31 December 2007, imports shall not
exceed fifteen per cent (15%) of 1996 recorded imports by weight;(j) At the year ending 31 December 2008, imports shall not
exceed ten per cent (10%) of 1996 recorded imports by weight;(k) At the year ending 31 December 2009, imports shall not
exceed five per cent (5%) of 1996 recorded imports by weight; and,(l) At the year ending 31 December 2010, imports shall not
exceed five per cent (5%) of 1996 recorded imports by weight.3.2.6 Beginning 01 January 2011, all kinds of importation of
substances (alone or in mixtures) under Section 2.1 hereof either for
servicing or for essential uses as provided under Section 3.2.2 will be
absolutely prohibited. The DENR-EMB, through the issuance of an
appropriate policy instrument, may accelerate the phase-out schedules
for servicing and essential uses as may be deemed necessary.3.2.7 With regard to applications for Pre-Shipment Importation
Clearances for Group I of Annex A substances received by the DENR-EMB
before the closing of regular office hours on 31 December 2010, only
those where actual shipment is undertaken on or before 30 June 2011 may
be approved.
3.3 CONTROL MEASURES ON IMPORTS OF SUBSTANCES UNDER SECTION 2.1 CONTAINED IN USE SYSTEM OR EQUIPMENT
3.3.1 In case these substances are contained in a use system or
equipment, the control measures for importation under Section 3.2 hereof
does not apply.
3.3.2 After the conduct of appropriate studies in coordination with
the Bureau of Customs and Department of Trade and Industry, the DENR
shall issue separate procedures not later than 1 year after the
effectivity of this CCO, by which to realize the target reductions in
imports of these use systems and equipment. However, these use systems
or equipment shall not be imported beyond 31 December 2010.
SECTION 4. REGISTRATION OF IMPORTERS . —
4.1 Any person, natural or juridical, who imports
ozone-depleting substances (regardless of source as allowed under the
agreements of the Montreal Protocol) in any of the forms mentioned under
Sections 2 hereof, and with respect to any industry or activity listed
under Appendix II must be duly registered with the DENR-EMB. A
Certificate of Registration may be granted only upon showing proof of
the following:
4.1.1 Understanding and appreciation of the role of these
substances in depleting the stratospheric ozone, and its consequences.4.1.2 Capability to take effective measures, including the
necessary equipment, technology, training and infrastructure, for the
purpose of effectively handling ozone-depleting substances, minimizing
their emissions, and ultimately phasing out their use by replacing with
substitutes/alternatives duly recognized and certified by the DENR-EMB.4.1.3 Did not violate any provisions of RA 6969 and its
implementing rules and regulations and other pertinent environmental
laws and regulations.
4.2 Application for registration must include the following information, to wit:
4.2.1 Duly accomplished registration form;
4.2.2 Copy of the Environmental Compliance Certificate issued by the appropriate office of the DENR, if warranted;
4.2.3 Whether the applicant is an Importer-Distributor or an Importer-End user;
4.2.4 Certified copy of the SEC, CDA or DTI Registration and updated list of its officers; and,
4.2.5 Such other information and/or documents as may be required by the DENR-EMB.
4.3 Certificates of Registration are valid only for one year.
It is therefore required that the same be renewed every year.
4.4 The foregoing requirements for registration do not
preclude other requirements and conditions already prescribed by
Administrative Order 98-58.
4.5 In case an importer is also a service provider, the
Certificate of Registration will suffice and is deemed accredited
pursuant to Section 5 hereof, provided that the services offered are so
declared in the registration form.
4.6 The DENR-EMB shall, upon evaluation of application,
determine the annual quota per substance for every importer pursuant to
Section 3.2 hereof.
4.7 Violation of the provisions of this CCO, DAO 92-29, DAO
98-58, RA 6969 and other relevant environmental laws and regulations
shall constitute grounds for the cancellation of the certificate of
registration.
SECTION 5. ACCREDITATION OF DEALERS, RETAILERS AND SERVICE PROVIDERS. —
5.1 There is hereby a system of accreditation established to
determine the capability of any person, natural or juridical, in
handling ozone depleting substances who provides the servicing
requirements for individuals and industries using these substances in
any of the forms and with respect to any industry or activity listed
under Appendix II. The DENR-EMB shall grant a certificate of
accreditation to applicants only upon showing proof of the following:
5.1.1 Understanding and appreciation of the role of these
substances in depleting the stratospheric ozone, and its consequences.5.1.2 Capability to take effective measures, including the
necessary equipment, technology, training and infrastructure, for the
purpose of effectively handling ozone-depleting substances, minimizing
their emissions, and ultimately phasing out their use by replacing with
substitutes/alternatives duly recognized and certified by the DENR-EMB.
5.2 Application for accreditation must include the following information, to wit:
5.2.1 Duly accomplished accreditation form;
5.2.2 Copy of the Environmental Compliance Certificate issued by the appropriate office of the DENR, if warranted;
5.2.3 Certified copy of the SEC, CDA or DTI Registration and updated list of its officers; and,
5.2.4 Such other information and/or documents as may be required by the DENR-EMB.
5.3 Certificates of Accreditation are valid only for one year.
It is therefore required that the same be renewed every year.
5.4 The foregoing requirements for accreditation do not
preclude other requirements and conditions already prescribed by
Administrative Order 98-58.
SECTION 6. PRE-SHIPMENT IMPORTATION CLEARANCE. —
6.1 Under allowable circumstances, any person, natural or
juridical, duly registered with the DENR-EMB who engages in the
importation of ozone-depleting substances listed under Section 2
pursuant to Section 3 hereof, must secure importation clearance from the
DENR-EMB prior to the entry of these substances in any area within the
Philippine Territory. As such, any shipment not covered by an
importation clearance shall be deemed illegal import and shall be
confiscated and forfeited in favor of the Government.
6.2 Applications for importation clearance must observe the following, to wit:
6.2.1 For alternative or substitute substances for halons, the
applicant shall secure a certification from the Bureau of Product
Standards (DTI-BPS) on the conformance of the same to established
product standards.6.2.2 Any application for importation clearance for substances
under Section 2 must be within the prescribed quota pursuant to Section
3.2.3 hereof.6.2.3 Duly accomplished application forms shall only be received
for processing after payment of prescribed application fees and charges.6.2.4 Application forms are accomplished in two (2) copies — i.e.,
the original copy shall be filed with the DENR-EMB for assessment and
evaluation, and duplicate copy which serve as reference document of the
applicant.6.2.5 Application forms shall only be processed until the following information are provided, to wit:
(a) Commercial name or the trade/brand name of the substance as usually promoted/marketed by the manufacturers;
(b) Generic name of the substance;
(c) Name of the manufacturing company;
(d) Port of loading or the country or port immediately before the substance enters into the Philippine territory;
(e) Exporting company or any entity that transacts or
brokers the chemical substance from the manufacturer to the importing
company;(f) Current inventories of the substance that is the
subject of the application for importation clearance, including the
area/building within which the same is stored either for further
transshipment or distribution.6.2.6 All accomplished application forms must include the following documents:
(a) Proof that application fees are paid;
(b) Copy of the Material Safety Data Sheet (MSDS) from
the manufacturing firm every time an importer applies for clearance of a
new chemical;(c) Photocopy of the Pro-forma Invoice;
(d) Description of the applicant’s handling procedure, safety precautions and emergency response for the chemical;
(e) Original accomplished copy of the Record of Actual
Arrival of Shipment accompanied by a photocopy of the Bill of Lading
issued by the Carrier (shipping/transport contractor) of the most recent
importation of the chemical made by the applicant[5] ;(f) Summary of Transactions of the most recent
importation clearance issued on the same chemical applied for (not
applicable to new importers); and,(g) List of Intended Buyers and/or End-Users.
6.3 Pursuant to Section 3 hereof, importers shall distribute
these substances only to accredited Service Providers pursuant to
Section 5 hereof or those entities utilizing these substances for
essential uses duly certified by the DENR-EMB.
6.4 Clearances shall only be issued on a per substance per shipment basis.
6.5 Clearances shall be issued in three copies, one each for the DENR, the Bureau of Customs, and the importer.
6.6 The validity of a Pre-Shipment Importation Clearance must
not exceed six consecutive calendar months from the date of issuance.
Any transaction not covered under the terms and conditions of the
Pre-Shipment Importation Clearance shall be considered a violation of
this CCO.
SECTION 7. RECORDS KEEPING . — Those issued
various importation clearance must keep records of all transactions.
These records are requisites for applying subsequent clearances or must
be submitted to the DENR-EMB annually whichever is earlier. However, the
same shall be available for inspection any time, upon request, by an
authorized officer of the DENR-EMB or by other authorized government
agency.
SECTION 8. CONFIDENTIAL BUSINESS INFORMATION . —
8.1 Any person, natural or juridical, submitting a report
under this CCO may assert a business confidentiality claim for all or
part of the report, pursuant to Section 40(1) of DAO 92-29. It is the
burden of the reporting person to justify the confidentiality claim. The
Department may consider that the information is confidential and treat
the reported information accordingly.
8.2 When confidentiality is not applied for, the report shall
be considered as a public document, provided that any disclosure of
information subject to this section and Sections 40(1) and 40(2) of DAO
92-29, shall be done only in cases allowed under Section 40(3) of the
same.
SECTION 9. FINES AND PENALTIES. — Any person,
natural or juridical, who violates any provision of this CCO, shall be
administratively and criminally liable pursuant to Section 43 and 44 of
DAO 92-29 and Section 13, 14 and 15 of RA 6969.
SECTION 10. SEPARABILITY CLAUSE . — If any
provision of this CCO is declared void or unconstitutional, by a
competent court, the other provisions hereof shall continue to be in
force and effect as if the section or provision so declared void or
unconstitutional had never been incorporated herein.
SECTION 11. EFFECTIVITY. — This CCO shall take
effect 15 days after its publication in the Official Gazette or in at
least two (2) newspaper of general circulation.
Adopted: 23 Feb. 2000
(SGD.) ANTONIO H. CERILLES
Secretary
[1] ODP is an index
pertaining to the extent to which a chemical product may cause ozone
depletion using the reference level of 1, which is the ODP, assigned to
CFC-11 and CFC-12. It is calculated from mathematical models that take
into account factors such as the stability of the product, the rate of
diffusion, the quantity of depleting atoms per molecule, and the effect
of ultraviolet light and other radiation on the molecules.
[2]Where a range of ODP is
indicated, the highest value in that range shall be used for the purpose
of the Montreal Protocol. The ODPs listed as a single value have been
determined from calculations based on laboratory measurements. Those
listed as a range are based on estimates and are less certain. The range
pertains to an isometric group. The upper value is the estimate of the
ODP of the isomer with the highest ODP, and the lower value is the
estimate of the ODP of the isomer with the lowest ODP.
[3] The 1996 levels were
only estimated consumption based on available data. An allowance of 75%
is added to consider unaccounted imports.
[4] At the end of every calendar year, any remainder of the allowable quota for a particular substance is deemed consumed.
[5] This requirement is not applicable to first-time importer.