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Parties’ reports on illegal trade
Date Substances traded Volume Exporting country Details of the illegal ODS trade Action taken Remarks
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. Annex to UNEP/OzL.Pro.30/INF/5

 

Parties’ reports on illegal trade
Date Substances traded Volume Exporting country Details of the illegal ODS trade Action taken Remarks
01-07-2001 CFC-12 31,112 kg (each 300 g x 103,705 cans) China A firm purchased 103,705 cans of CFC-12 knowing the substance was illegal to import.   Annex to UNEP/OzL.Pro.16/7
01-10-2002 CFC-13 4,536kg (each 250 g X 18,142 cans) China A firm tried to import 18,142 cans of CFC-12 from China. The firm falsely declared to customs authorities that the drums contained ethylene glycol.   Annex to UNEP/OzL.Pro.16/7
Parties’ reports on illegal trade
Date Substances traded Volume Exporting country Details of the illegal ODS trade Action taken Remarks
19-02-2015 CFC 12 13,60 kg From Turkey transit through the Republic of Uzbekistan to the Republic of Tajikistan. During customs inspection of transit cargo, following transit from Turkey to the Republic of Tajikistan the customs officers discovered cylinder labeled as «DIKHLORO-DIFLUORMETAN» 13,6 kg. (R12) which was not declared in the shipping documents in the truck arriving to the Customs clearance point of "Sariasiya". The ODS – CFC 12 seized from illegal trade was placed in storage of the State Customs Committee of the Republic of Uzbekistan for future destruction. Annex to UNEP/OzL.Pro.29/INF/5/Rev.1 - submission dated 25-Nov-16
25-02-2015 CFC 12 466,00 kg Illegal import from Kadamjay district of Batken region of Kyrgyzstan to the Republic of Uzbekistan. The officers of the anti-smuggling department of the Fergana regional department of the State Customs Committee of the Republic of Uzbekistan, received operational information, about illegal possession of refrigerants The ODS – CFC 12 seized from illegal trade was placed in storage of the State Customs Committee of the Republic of Uzbekistan for future destruction. Annex to UNEP/OzL.Pro.29/INF/5/Rev.1 - submission dated 25-Nov-16
01-02-2015 HCFC 22 357,00 kg     The ODS – HCFC 22 seized from illegal trade was placed in storage of the State Customs Committee of the Republic of Uzbekistan and will be consumed within Uzbekistan’s consumption limit of 2016. Annex to UNEP/OzL.Pro.29/INF/5/Rev.1 - submission dated 25-Nov-16
24-04-2015 CFC 12 177,00 kg Illegal import from Kadamjay district of Batken region of the Kyrgyz Republic to the Republic of Uzbekistan. The officers of the anti-smuggling department of the Fergana regional department of the State Customs Committee of the Republic of Uzbekistan revealed illegal smuggling in the village Sufan, Quvasoy region of Fergana region The ODS – CFC 12 seized from illegal trade was placed in storage of the State Customs Committee of the Republic of Uzbekistan for future destruction. Annex to UNEP/OzL.Pro.29/INF/5/Rev.1 - submission dated 25-Nov-16
04-08-2015 HCFC 22 58,00 kg Illegal import from Kadamjay district of Batken region of Kyrgyzstan to the Republic of Uzbekistan. The border services officers of the military unit number 9229 revealed the illegal import of refrigerants by car in Kh. Tursunkulova street of Fergana district. The ODS – HCFC 22 seized from illegal trade was placed in storage of the State Customs Committee of the Republic of Uzbekistan and will be consumed within the limit of 2016. Annex to UNEP/OzL.Pro.29/INF/5/Rev.1 - submission dated 25-Nov-16
04-08-2015 CFC 12 38,36 kg     The ODS – CFC 12 seized from illegal trade was placed in the storage of the State Customs Committee of the Republic of Uzbekistan for future destruction. Annex to UNEP/OzL.Pro.29/INF/5/Rev.1 - submission dated 25-Nov-16
29-08-2015 HCFC 22 10162,0 kg HCFC 22 were illegally imported to Uzbekistan from China. HCFC 22 was illegally imported to the country under different HS code, thus, it was recognized later, and for which Uzbekistan did not provide permission for import of stated amount. The ODS – HCFC 22 seized from illegal trade was placed in storage of the State Customs Committee of the Republic of Uzbekistan and will be consumed within Uzbekistan’s consumption limit of 2016. Annex to UNEP/OzL.Pro.29/INF/5/Rev.1 - submission dated 25-Nov-16
28-01-2010 CFC-12 7 cylinders of CFC-12 and 50 cylinders of R-600 China Goods impounded by police unit following inspection by Customs authorities. Laboratory tests confirmed refrigerants to be CFC-12. Smuggler fined approximately $75 by a court and substances detained for destruction Annex to UNEP/OzL.Pro.22/INF/4
08-05-2010 Unspecified refrigerators 5 refrigerators Country of origin not identified The smuggler was apprehended during a spot check and failed to produce an import permit for the refrigerants. Investigation in progress Annex to UNEP/OzL.Pro.22/INF/4
10-06-2010 HCFCs 2 refrigerators and 2 items of air-conditioning equipment containing R600 and HCFC-22 China Goods found in a truck but the smuggler failed to present import documents. Substances confiscated and smuggler fined approximately $155 by a court Annex to UNEP/OzL.Pro.22/INF/4
06-07-2010 HCFCs 20 kg of HCFC-134a and 16 kg of CFC-12 China Refrigerants found hidden in the car boot. Confiscated during joint raid by Customs and traffic police at a checkpoint. Refrigerants confiscated and smuggler fined $25 by a court Annex to UNEP/OzL.Pro.22/INF/4
24-07-2010 HCFCs 60 litres in 5 cylinders India 60 litres of HCFC-22 and R-406 refrigerants found in the passenger compartment of a car. Goods confiscated and smuggler fined $25 by a court Annex to UNEP/OzL.Pro.22/INF/4
Parties’ reports on illegal trade
Date Substances traded Volume Exporting country Details of the illegal ODS trade Action taken Remarks
15-05-1029 R12 but trade as R134a, in a R134a cylinder 2 cylinder of 13.4kg Cote d'Ivoire (according to re-seller) The substances in the cylinder is marked as R134a, but after analyzing it, it appear to be R12 2 cylinders have been confiscated by the NOU. The importation is coming from some where else, as Cote d’Ivoire is not producing refrigerant. Investigation is still going on
Laboratory and analytical uses

Pursuant to Decision X/19 (4), the Secretariat is listing below decisions by the Parties on laboratory and analytical uses that should no longer be eligible for production and consumption of controlled ozone-depleting substances under the global exemption:

  • Uses excluded from the global essential-use exemption (Decision VII/11 (6)):
  1. Refrigeration and air-conditioning equipment used in laboratories, including refrigerated laboratory equipment such as ultra-centrifuges;
  2. Cleaning, reworking, repair, or rebuilding of electronic components or assemblies;
  3. Preservation of publications and archives; and
  4. Sterilization of materials in a laboratory;
  • Uses eliminated from the global exemption for laboratory and analytical uses (Decision XI/15)
  1. Testing of oil, grease and total petroleum hydrocarbons in water;
  2. Testing of tar in road-paving materials; and
  3. Forensic finger-printing.
  • Use eliminated from the global exemption for laboratory and analytical uses (Decision XIX/18)
  1. Testing of organic matter in coal
  • All uses of methyl bromide except those listed in decision XVIII/15 (see preamble of decision XXI/6)

Of relevance to the global exemption of laboratory and analytical uses are:

  • Conditions applied to exemption for laboratory and analytical uses (Annex II of the Report of the Sixth Meeting of the Parties)
  • Categories and examples of laboratory uses (Annex IV of the Report of the Seventh Meeting of the Parties)

Category of laboratory and analytical critical use to allow methyl bromide to be used (Decision XVIII/15(2))

Subject to the conditions applied to the exemption for laboratory and analytical uses contained in annex II to the report of the Sixth Meeting of the Parties, it was decided by the Parties to the Montreal Protocol at their Eighteenth Meeting to adopt a category of laboratory and analytical critical use to allow methyl bromide to be used:

“(a)      As a reference or standard:

(i)         To calibrate equipment which uses methyl bromide;
(ii)        To monitor methyl bromide emission levels;
(iii)       To determine methyl bromide residue levels in goods, plants and commodities;

    (b)        In laboratory toxicological studies;

    (c)        To compare the efficacy of methyl bromide and its alternatives inside a laboratory;

    (d)        As a laboratory agent which is destroyed in a chemical reaction in the manner of feedstock;”

    Parties’ reports on illegal trade
    Date Substances traded Volume Exporting country Details of the illegal ODS trade Action taken Remarks
    2015 R-22 30980,8 Kg. CHINA En una verificación rutinaria de cilindros de gases refrigerantes se encontraron 2278 cilindros de R-22 de 13,6 kg. cada uno sin declarar y escondidos en cuatro contenedores que declararon que contenían equipos de cortinas de aire y 570 cilindro de R-410A, y 571 cilindros de R-407C. (English : At a routine check on refrigerants gases cylinders, 2,278 unregistered cylinders for R22, of 13.6 kg each, were found hidden in four containers which were registered as containing air curtain equipment and 570 cylinders for R-410A, and 571 cylinders for R-407C.) Se procedió a retener el cargamento, iniciándose un sumario administrativo en el Ministerio del Ambiente y Desarrollo Sostenible, y realizándose, además, una denuncia en el Ministerio Público - Fiscalía Especializada en Delitos Ambientales. El Ministerio del Ambiente y Desarrollo Sostenible culminó el proceso con el pago de una multa y reenvío de los cilindros de R-22 a origen. (English : The shipload was detained, initiating an administrative summary at the Ministry of Environment and Sustainable Development and also made a complaint at the Public Ministry - Specialized Prosecutor in Environmental Crimes. The Ministry of the Environment and Sustainable Development concluded the prosecution with the payment of a fine and sending back the R-22 cylinders to their origin.) Submission received October 24, 2018 from Ulises Lovera <ulovera@seam.gov.py>. Annex to UNEP/OzL.Pro.31/INF/
    Parties’ reports on illegal trade
    Date Substances traded Volume Exporting country Details of the illegal ODS trade Action taken Remarks
    01-05-2003 CFC-12 & HCFC-22 2,076 disposable cylinders of 13.6 kg each China The physical examination of the contents of two container vans revealed boxes of CFC-12 concealed behind layers of HCFC-22 boxes. The first 2 layers were HCFC-22, while the rest were CFC-12. The shipment was forfeited in favour of the Government. In accord with the tariff and customs code of the Philippines, the forfeited shipment should be sold at auction. Only registered importers will be allowed to participate in the auction, and any ODS they purchase will be deducted from their quota allocation. The importer was fined 50,000 pesos and suffered revocation of certificate of registration and permit to import.   Annex to UNEP/OzL.Pro.16/7
    01-05-2003 CFC-12 & HCFC-22 454 cylinders of 13.6 kg each China Using Neutron refrigerant identifier, the shipment was tested and found to be 30.7% HFC-134a, 9.9% CFC-12, 48.3% HCFC-22, and 11.1% hydrocarbon, instead of pure HFC-134a, as declared. If computed by percentage weight, CFC-12 amounted to 539 kilograms.   Annex to UNEP/OzL.Pro.16/7

    Recalling decision XXVI/5, which extended the global laboratory and analytical-use exemption until 31 December 2021, under the conditions set out in annex II to the report of the Sixth Meeting of the Parties,

    Noting that Annex C, group I, substances (hydrochlorofluorocarbons) are currently not included in the global laboratory and analytical-use exemption,

    Noting the 2018 report by the Technology and Economic Assessment Panel, which notes that hydrochlorofluorocarbons will be required for laboratory and analytical uses after 2020,

    Taking into account the adjustment agreed on by parties in 2018 to permit essential-use exemptions for hydrochlorofluorocarbons,

    To include Annex C, group I, substances in the global laboratory and analytical-use exemption under the same conditions and on the same timeline as set forth in paragraph 1 of decision XXVI/5;

    Date Substances traded Volume Exporting country Details of the illegal ODS trade Action taken Remarks
    30-01-2019 R-22 0.182 MT China A fishing vessel belonging to a foreign owned locally based fishing company docked in Kosrae state. Customs Officers from the state of Kosrae conducted an inspection and found that the vessel misdeclared number of cylinders of R-22 and R-404A. Customs seized both supplies of R-22 and R-404A when it was found that the company not only misdeclared actual quantities of cylinders for each refrigerant,but failed to secure an import permit for the ODS R-22. The volume of R-22 and R-404A totaled 0.183 MT and 0.698 MT respectively. The FSM NOU has issued a penalty of $25,000 against the company in accordance with FSM’s Ozone Depleting Substances regulations. The seized R-22 cylinders totaling 0.183 MT is currently in storage with Kosrae State Customs Office. The 64 cylinders of R404A was eventually released back to the company after the company had paid penalties to Customs for misdeclaration of goods.
    08-10-2015 Dichlorodifluoromethane (R-12) 45 Kg (180 canisters of 250g each) Federated States of Micronesia/China Dichlorodifluoromethane (R-12 falsely labelled as Tetrafluoroethane (R-134A). 6 cases of canisters labelled as Arkane R-134A. Each case contained 30 canisters of 250g of R-12 Confiscated and stored by Federated States of Micronesia, Yap State Field Office UNEP/OzL.Pro.28/INF/5