On May 22-24, 2007 during the practical session of the seminar for customs officers a cylinder with R-134a was tested. Tests showed that the actual content of the cylinder did not correspond to the description on the label. Tests showed that the content of R-134a in the cylinder was only 15%, and 85% were other substances (CFC, HCFC). Importers were also confused regarding that fact. After the case all importers of refrigerants tested coolant substances imported to Armenia. It is not possible to prove the importer is guilty as it is not possible to prove that the refrigerant was not damaged or was not swapped by the exporter. Importers frequently are in business for short periods of time or they change the name of company.
National Ozone Unit of Armenia comments:
Actually, it was found that cylinders marked as HFC-134a contained badly contaminated refrigerant (most probably, contaminated CFC-12 recovered from the equipment), or HCFC-22. It was also found that even cylinders marked as CFC-12 contained the same contaminated stuff.
The serious problem is that the importer of those cylinders was the leading manufacturer of R&AC equipment in Armenia and they filled the brand new compressors with such contaminated refrigerants not knowing that they were contaminated and could therefore damage the compressor. The case described above makes it clear that (1) new way of illegal trade in ODS seems to develop which is selling as the pure refrigerants the badly contaminated mixtures recovered from equipment (2) this is extremely dangerous since it may lead to damage of compressors.
In 2007 no cases of illegal transportation of ODS across the customs border of Armenia were registered although the results of testing during the seminar for customs officers had made it necessary for the customs bodies to pay more attention to transportation of refrigerants and other substances.
Armenia - Licensing System
The Law on Substances that Deplete the Ozone Layer was approved by the Government and came into force in November 2006. In order to enact this law, 5 legislative acts were prepared and adopted in 2007.
1. Resolution on establishing the authorized government body in the sector of ODS usage.
2. Resolution of the prime-minister on establishing the list of sub-legislative acts (government resolutions) ensuring the enactment of the Law on ODS.
3. Resolution on the approval of ODS list and establishment of a global quota.
4. Resolution on the approval of ODS import quota establishment procedure.
5. Resolution on the approval of ODS import, export, transit shipment permit form and its issuing procedure.
Thus the licensing system is fully operational.
The Montreal and Beijing Amendments has also been sent for intergovernmental approval.
Armenia's quota for 2005 (CFC) was 100 metric tons and 84 metric tons of CFC-12 were imported.
Armenia has a Government Resolution ban on ODS trade with Non-Parties.
AZERBAIJAN REPUBLIC
In accordance with the information from the National Contact Point of the Customs service of Azerbaijan Republic, no facts of ODS seizures by the customs bodies in 2007 were registered.
Azerbaijan - Licensing System
Azerbaijan's Import/export licensing system was put in place in 2001.
Decree “About additional measures on regulation of restricted commodities circulation” of the President of the Republic dated 12 September 2005 restricted the use of ODS. In this decree the Ministry of Ecology and Natural Resources gives the instructions on regulation of import and export of ODS and ODS-containing products. The import of Annex A substances was banned since 1 January 2006.
ü CFC import quota for 2001 was zero ODP tons
ü Ban on imports of ODS-based equipment in 2000.
REPUBLIC OF BELARUS
In accordance with the information from the National Contact Point of the Customs service of the Republic of Belarus, no facts of ODS seizures by the customs bodies in 2007 were registered.
Information from the National Ozone Unit of Belarus
Belarus - Licensing System
The licensing system for ODS import into the country was established in 1997, before Belarus signed the Montreal amendment. The Council of Ministers of the Republic of Belarus by the decision No. 218 dated 18.03.1997 established prohibitions and restrictions on transportation of ODS and ODS-containing products across the customs border of Belarus.
By the decision No. 1038 dated 08.08.1997 the Council of Ministers of the Republic of Belarus stipulated the obligatory licensing of manufacture, storage, use and recycling of ODS according to the list of adjustable substances coordinated by the Parties to the Montreal Protocol on substances that deplete the ozone layer, and established payment for ODS imported to Belarus, including ODS-containing products.
By the decision No. 1741 dated 13.11.1998 the Council of Ministers of the Republic of Belarus since January 1, 2000, consumption (manufacture, import/export) of ODS included in groups I and II of appendix A and B to the Montreal Protocol on substances that deplete the ozone layer was ceased.
Currently import/export of ODS is regulated by the Law of the Republic of Belarus “On Protection of the Ozone Layer” (No. 56-з dated 12.11.2001).
By the Law dated December 18, 2006 No. 184-з the Republic of Belarus accepted the Copenhagen, Montreal and Beijing amendments and since 11.06.2007 Belarus became the Party to all amendments to the Montreal Protocol. Since that time the Law of the Republic of Belarus “On Protection of the Ozone Layer” is extended to HCFCs.
Presently Belarus encounters some difficulties related with "transparency" of borders with the post Soviet countries (the CIS). Informed compliance declaration principle functions for import of the goods from the Russian Federation, the main ODS supplier in the Republic. Infringement of the Law of the Republic of Belarus “On Protection of the Ozone Layer” provides a penalty up to five hundred of basic size (approximately USD 7000), and recurrent infringement entails criminal prosecution.
In 2003 a commercial structure "Welzer” which imported and sold Freon R-12 under other names in the country was investigated. Its activity was stopped; managers were prosecuted for economic crime.
REPUBLIC OF KAZAKHSTAN
According to the information from the National Contact Point of the Customs service of the Republic of Kazakhstan, control over import and export of ODS and ODS-containing products is carried out by customs bodies under the legislation in force (described below), including also the following decrees. Governmental Decree No. 617 of June 22, 2005 banned import of CFCs, halons, CTC and methyl chloroform. According to the Governmental Decree No. 212 of January 9, 2007 “Environmental Code” was adopted which introduced registration and control over ODS consumption. Governmental Decree No. 508 of June 18, 2007 “Rules of granting permits for import/export of ODS and ODS containing products, activities with ODS, repair, assembling and servicing equipment containing ODS”.
On April, 12, 2007 officers of customs checkpoint «Akkol» during customs control of the passenger train No. 626 “Astrakhan-Atyrau” (RU-KZ) in the wagon No. 1 in ventilating shaft and in basement section found and seized cylinders with gas "Freon" (Refrigerant Gas) marked R-22 - 7 pieces, 409а - 1 piece and 134а - 2 pieces, those cylinders were hidden from customs control, weight of each cylinder – 13.6 kilos.
According to the Governmental Decree of the Republic of Kazakhstan No. 617 dated 22.06.2005 (now replaced by Governmental Decree No. 508 of June 18, 2007) Chlorodifluoromethane (trade name R-22) is in the list of ozone depleting substances. Import and export of this substance are under state regulation and licensing.
On April, 17, 2007 criminal case was launched against the carrier of the specified cargo (national of Kazakhstan) under the article 209 part 1 of the Criminal Code of the Republic of Kazakhstan (economic smuggling).
Kazakhstan - Licensing System:
Governmental Decree No. 1716 (November 1999) introduced a legal system for regulation of import and export of ODS. Government Resolution No. 19 (January 2004) "On Environmentally Dangerous Activities and their Obligatory Licensing" introduced (1) licensing of activities with ODS as well as repair, assembling and servicing of equipment containing ODS; (2) import/export licensing of ODS and ODS containing products. The import of products containing ODS is banned, the system of quotas for carbon tetrachloride, methyl chloroform and methyl bromide was introduced.
Import into the Republic of Kazakhstan and export from the Republic of Kazakhstan of ODS are included into the List of ecologically dangerous types of economic activities adopted by Governmental Decree of the Republic of Kazakhstan dated January, 8, 2004 No. 19.
One-time licenses for import and export of ODS and ODS-containing products are given out according to the Rules of obligatory state licensing of ecologically dangerous types of economic activities (adopted by the above-mentioned decree) and in accordance with fulfillment of obligations of the Republic Kazakhstan under Vienna Convention on protection of ozone layer and Montreal protocol on ozone depleting substances.
The Governmental Decree of the Republic of Kazakhstan dated July, 10, 2003 No. 681 “On adoption of import and export prohibitions for transportation of goods and means of transport, the list of goods forbidden to be placed under certain customs regimes and also prohibitions and restrictions on carrying out operations with goods placed under certain customs regimes”, prohibits import of some types of ODS.
KYRGYZ REPUBLIC
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