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POLICIES AND REGULATORY FRAMEWORK FOR ODS PHASE-OUT

POLICIES AND REGULATORY FRAMEWORK FOR ODS PHASE-OUT. OZONE CELL GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT & FORESTS. INDIA’S COMMITMENT TO THE MONTREAL PROTOCOL. 19th June 1991 : India became a Party to the Vienna convention.

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POLICIES AND REGULATORY FRAMEWORK FOR ODS PHASE-OUT

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  1. POLICIES AND REGULATORY FRAMEWORK FOR ODS PHASE-OUT OZONE CELL GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT & FORESTS

  2. INDIA’S COMMITMENT TO THE MONTREAL PROTOCOL 19th June 1991 : India became a Party to the Vienna convention. 17th September 1992 : India became a Party to the Montreal Protocol and ratified the London Amendment. 3rd March 2003 : India ratified Copenhagen Amendment (1992), Montreal Amendment (1997) and Beijing Amendment (1999). November 1993 : India’s Country Programme was prepared. January 2006 : India’s Country Programme was updated.

  3. Montreal Protocol : Licensing System • The 7th Meeting of Parties at Geneva in December 1995 recommended to establish licensing system to regulate and monitor • The 9th Meeting of Parties amended the Montreal Protocol and introduced licensing system under Article 4B of the Protocol. It mandates to have licensing system by 1 Jan. 2000 by all parties. • Ozone Secretariat prepared a list of parties those who have licensing system in place (countries not having licensing system will be under non-compliance to the Protocol).

  4. National ODS Regulations • In exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 Ozone Depleting Substances (Regulation and Control) Rules, 2000 have been notified on 19th July 2000. • In accordance with the National Strategy for ODS phase-out, the MoEF, Govt. of India, has notified Rules covering various aspects of production, sale, consumption, export and import of ODS.

  5. National ODS Regulations • Rule 3 : Regulation of production and consumption of ozone depleting substances. • Rule 4 : Prohibition on export to or import from countries not specified in Schedule VI (not Party to the Montreal Protocol). • Rule 5 : Ozone depleting substances are to be exported to or imported from countries specified in Schedule VI under a license. • Rule 6 : Regulation of the sale of ozone depleting substances.

  6. National ODS Regulations Rule 7 : Regulation on purchase of ozone depleting substances. Rule 8 : Regulation on the use of ozone depleting substances. Rule 9: Prohibition on new investments with ozone depleting substances. Rule 10 : Regulation of import, export and sale of products made with or containing ozone depleting substances.

  7. EXEMPTIONS • Quarantine and Pre-shipment applications of MeBr • Use of CTC as feedstock • Import/Export of Recovered/Reclaimed ODS • Halons for essential purpose like Defence etc. certified by Essential Use Panel.

  8. OZONE DEPLETING SUBSTANCES (Regulation and Control) Rules 2000 • Use of CFCs in manufacturing various products beyond 1.1.2003 was prohibited except in Metered Dose Inhaler (MDI) and for other medical purposes. • Use of halons was prohibited after 1.1.2002 except for servicing and essential use. • Other ODS such as CTC and methyl chloroform and CFC for MDIs can be used upto 1.1.2010. • The use of methyl bromide has been allowed upto 1.1.2015. • Since HCFCs are low-ODP substances and are also used as interim substitutes to replace CFC, these are allowed to use upto 1.1.2030.

  9. IMPORTANT PROVISIONS • Mandatory registration for production, sale and use of ODS • Mandatory registration of manufacturer, importer and exporter of Compressors • Registration for recycling, recovery and destruction of ODS Authorities and procedures for registration are defined • Import and Export of ODS are subject to License issued by the Directorate General of Foreign Trade (DGFT) on the recommendations from MOEF. • Registration of enterprises using ODS has been extended. • Production, import and export of CFCs, CTC and halons is banned from 1st Jan, 2010 except for feedstock applications if any.

  10. FISCAL MEASURES • Customs and Excise duty exemptions on capital goods in case of ODS phase-out projects (from 1995). • Customs and Excise duty exemptions on capital goods for establishment of industry with non-ODS technology (from 1997). • The Tariff Advisory Committee (TAC) - A statutory body under the Insurance Act, 1938 has decided to grant suitable discounts on fire insurance premiums if alternative fire extinguishing agents are used in place of halons in fire extinguishing systems.

  11. ACCELERATED PHASEOUT OF HCFC • The 19th MOP held in Sept. 2007, at Montreal took a decision to advance the phase-out of HCFC production and consumption. • The new phase-out schedule for Article 5 parties as per the decision taken at the 19th MOP is as follows:- • Base-level for production and consumption = the average of 2009 & 2010 • Freeze= 2013 at the base-level • 10% reduction in 2015 • 35% reduction in 2020 • 67.5% reduction in 2025 • 100% reduction in 2030 with a service tail of 2.5% annual average during the period 2030-2040. • The Ex-Com has provided guidelines for all parties to prepare their HCFC Phase-out Management Plan (HPMP). India has submitted the HPMP to the MLF Secretariat for consideration by the 66th meeting of the Ex-Com • The ODS rules are being amended to cater the needs of accelerated phase-out of next category of ODSs, the HCFCs.

  12. THANK YOU

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