Several countries have reported every two years on activities undertaken by them with respect to promotion of research, development and exchange of information on best technologies, possible alternatives to controlled substances and costs and benefits of relevant control strategies and promoting public awareness.
|Year of submission:||1991|
Parties are invited to report to the Ozone Secretariat fully proved cases of illegal trade in ozone-depleting substances.
|Party||Seizure Date Year||Substances Traded||Volume||Importing Exporting Country||Illegal Trade Details||Action Taken||Remarks|
|Netherlands||18 Jan, 2019||HFC-245fa (21%), HFC-134a (18%), HFC-23 (19%), PFC-14 (26%)||1 cylinder x 2.6 kg||Import to: Sweden and Export from: USA||An airmail package to Sweden was subject of an inspection at Schiphol NL airport. An illegal non-refillable cylinder with refrigerants was found during this inspection.||The illegal non-refillable cylinder has been submitted by order to an approved waste collector for destruction by the sender, who also has an establishment in the Netherlands.|
|Netherlands||25 Jan, 2019||HFC-134a||13 cylinders of HFC-134a x 13.6 kg||Import to: Germany and Export: unknown||During an inspection at a garage, it turned out that they bought their refrigerants from a car parts store. Illegal non-refillable cylinders were found after inspection at the car parts store. The administration of the car parts store showed that the non-refillable cylinders were purchased from a company in Germany. The box of the illegal non-refillable cylinders mentions the USA as an origin.||The non-refillable cylinders have been submitted by order to an approved waste collector for destruction by the owner of the car parts store in the Netherlands. In addition, a measure has been imposed on the car parts store that a fine will be imposed for the import of illegal non-refillable cylinders if this happens again in the future.|
|Netherlands||26 Feb, 2019||HFC-134a||123 cylinders of HFC-134a x 13.6 kg||Import to: the Netherlands and Export from: Turkey||Following information received from the Dutch Customs concerning imports, an inspection was carried out at a garage company that was named as an importer of refrigerants and was not registered as a quota holder. 123 illegal non-refillable cylinders were found during the inspection. The administration revealed that the final batch consisted of 240 illegal non-refillable cylinders.||The non-refillable cylinders have been submitted by order to an approved waste collector for destruction by the owner of the garage company in the Netherlands. In addition, a measure has been imposed on the garage company that a fine will be imposed for the import of illegal non-refillable cylinders if this happens again in the future.|
|Netherlands||1 Oct, 2019||R-404A, HFC-134a, and R-422D||458 cylinders of R-404A x 10.9 kg; 200 cylinders of HFC-134a x 13.6 kg; 140 cylinders of R-422D x 11.3||Import to: Switzerland and Export from: China||Following information received from the Dutch Customs concerning transit, an inspection was carried out on a container with refrigerants which was on the way from China to Switzerland via the port of Rotterdam in the Netherlands. The illegal non-refillable cylinders were found during this inspection.||Since these illegal non-refillable cylinders were not placed on the European market, we contacted the Swiss authority to inquire whether these illegal non-refillable cylinders were also banned there. In response, we have been informed by the Swiss authority that the non-refillable cylinders cannot be sold or ceded in Switzerland, but they can be imported on the Swiss territory. The container was then released to continue its way to Switzerland, where as informed by the Swiss authority this batch arrived.|
|Netherlands||2015||HCFC-22 CFC-12||Not specified||Trans-shipment from China to Russia via Netherlands||In July 2015 the Dutch Environmental Inspectorate has blocked in the Port of Rotterdam 2 containers with gas bottles containing refrigerants for further transport. From samples taken from the refrigerants it was shown that, despite their labelling as HFC’s (R-134a and R-407c) the bottles contained partly HCFC-22 and CFC-12|Legislation|According to the European Ozone Regulation (EC) No 1005/2009 and related Dutch national legislation such import of Ozone Depleting Substances is illegal and this ban on import is broadly formulated addressing everyone involved.||The Council of State of the Netherlands determined that in addition to the sender and receiver also a shipping company can be considered as offender of a legal ban on imports of ozone-depleting substances.|Cease and desist order. The Environmental Inspectorate considered all parties involved in this case as offenders and the Chinese supplier, the Russian addressee as well as the shipping company were all imposed with cease and desist orders requiring full destruction of all illegal ODS refrigerants and payment of storage costs conditional to a penalty. Eventually the shipping company appealed to this cease and desist order. |Shipping company’s view|The company’s position was that they were wrongly addressed as offender in this case and could not be blamed as they must be able to rely on the accuracy of the product information provided by the other parties involved. It cannot be expected from them to check the content of all gas bottles. They are suffering from the actions of the Chinese and Russian parties. |The Ruling |In its Ruling no 201706000/1/A1 from April 25, 2018, the Netherlands Council of State did not agree and puts the Environmental Inspectorate in the right. The import ban is also targeting a shipping company which can be therefor also considered as offender. Furthermore, from a professional carrier some research into the contents of the bottles can be expected. The Council of State also found important that it was a known smuggling route of ozone depleting substances. Furthermore, the carrier could check the gas cylinders in a relatively easy way through sampling.||Importance|This ruling is important because it facilitates the approach to address this kind of international smuggling activities. There are also more of this kind of broadly formulated prohibitions. So also for other areas this statement is of interest. Carriers will have to take their responsibilities and be more active in preventing violations of this kind of import bans. |Link to the full ruling of the NL Council of State (in Dutch): |http://www.raadvanstate.nl/uitspraken/zoeken-in-uitspraken/tekst-uitspraak.html?id=94929.|
|Netherlands||2007||CTC and CFC-113||3 kg of CTC and 8 kg of CFC-113||Despite intended improvements in the internal procedures of the company involved (which had the year before been fined for unlicensed trade) two additional unlicensed transactions took place during 2007. In February 2007, 3 kg of carbon tetrachloride was exported to Switzerland and in June 2007 8 kg of CFC-113 was exported to Serbia.||The company stopped all exports of ozone-depleting substances.|
|Netherlands||2007||Methyl bromide||20,000 kg||Methyl bromide in the amount of 20,000 kg was exported to Israel during 2007.||Inspections revealed that the export resulted from a misapplication of the licensing system by the exporter and that there was no intention to mislead. Follow-up inspections are scheduled.|