Notification, 2014

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

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MINISTRY OF ENVIRONMENT AND FORESTS

NOTIFICATION

New Delhi, the 13 March, 2014

S.O. 1033 (E). – Whereas the Central Government, in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), made the Ozone Depleting Substances (Regulations and Control) Rules, 2000 vide notification number

S.O. 670(E), dated the 19 th July, 2000;

And whereas the draft Ozone Depleting Substances (Regulations and Control) Amendment Rules, 2013 were published, under the notification of the Government of India in the Ministry of Environment and Forests number

S.O. 1353(E), dated the 23 rd May, 2013, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of a period of sixty days from the date on which the copies of the Gazette containing the said notification are made available to the public; And whereas copies of the said Gazette notification were made available to the public and the said amendment rules were also placed on the website of Ozone Cell;

And whereas the objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government;

Now, therefore, in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), read with sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following rules further to amend the Ozone Depleting Substances (Regulation and Control) Rules, 2000, namely : -

1. (1) These rules may be called the Ozone Depleting Substances (Regulation and Control) Amendment Rules,

(2) They shall come into force on the date of their final publication in the Official Gazette.

2. In the Ozone Depleting Substances (Regulation and Control) Rules, 2000 (hereinafter referred to as the said rules) in rule 2, for clause (m), the following clause shall be substituted, namely:- “(m) “protocol” means the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted on the 16 th September, 1987 as amended from time to time.”.

3. In the said rules, in rule 3, -

(a) for sub-rule (2), the following sub-rules shall be substituted, namely: - “(2) Production and consumption of ozone depleting substances specified in column (4) of Schedule I except Group VI have been prohibited from the date of commencement of the Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2014 for all applications excluding the substances which are for use as feedstock in the manufacture of other chemicals, with negligible emissions, if any;

(2A) Production and consumption of Group VIII substances specified in column (4) of Schedule I have been prohibited except for use in quarantine and pre-shipment applications from the date of commencement of the Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2014; (2B) No person shall produce or cause to produce ozone depleting substances specified as Group VI in column (4) of Schedule I during the period from the date of commencement of the Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2014 to the 1 st January, 2040 in excess of the corresponding percentages of the baseline specified in column (4) of Schedule II and the consumption of such substances in India as a percentage of calculated level of consumption in base year does not exceed the number specified in column (5) of that Schedule.

(2C) The producers of Group VI substances shall not supply to the domestic market quantities in excess of the quota orders issued by the Ozone Cell, Ministry of Environment and Forests to cover the entire domestic requirement of HCFC-22 for non-feedstock application and in the event of shortfall in domestic production of HCFC-22, the Central Government shall allow import of HCFC-22 within the consumption control quantity as per the market requirements and subject to actual user conditions.”.

(b) in sub-rule (3), in clause (iii), for the words and letters “specified as Group I and Group II”, the following words and letters shall be substituted, namely : - “specified as Group I and Group III”;

(c) in sub-rule (3), after clause (iii), the following clause shall be inserted, namely :- “(iv) specified as Group VI in column (4) of Schedule I shall limit the production and consumption of ozone depleting substances as specified in column (4) and (5) respectively of Schedule II, from the date of commencement of the Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2014 to 1 st January, 2040 to the corresponding percentages of the baseline specified in column (4) for the years given in column (6) of Schedule II as per the agreement approved by the Executive Committee of the Multilateral Fund.”.

(d) for sub-rule (4), the following sub-rule shall be substituted, namely:- “(4) In order to comply with the phase out targets of production and consumption of ozone depleting substances as per the Montreal Protocol Schedule referred in sub-rules (2) and (3), the Central Government shall introduce implementation modalities, such as quota system for production and consumption of Group VI substances for non-feedstock applications and monitoring and reporting system for all feedstock applications including use of Carbon tetrachloride.”.

4. In the said rules, in rule 5, -

(a) for sub-rule (1), the following sub-rule shall be substituted, namely:- “(1) No person shall import or cause to import from or export or cause to export to any country not specified in Schedule VI, any ozone depleting substances including blends or mixtures of ozone depleting substances unless he is registered with the authority specified in column (4) of Schedule V and obtains a licence issued by the authority.”;

(b) in sub-rule (2), after the words, brackets, figure and letters “specified in column (5) of Schedule II”, the following shall be added at the end, namely:- “and Schedule III. Issuance of licence for import and export is prohibited for Group I, Group II, Group III, Group IV and blends containing ozone depleting substances including Group VI substances specified in column (4) of Schedule I from the date of commencement of the Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2014 except recovered, recycled and reclaimed ozone depleting substances or for Essential Use Nominations (EUN) if any or ozone depleting substances for destruction or for feedstock applications. From the date of commencement of the Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2014 until the 1 st January, 2040, licence for export of HCFC- 22 in Group VI shall be permitted to the extent of the difference between the production and domestic supply volumes.”;

(c) after the sub-rule (2), the following sub-rule shall be inserted, namely:- “(2A) Issuance of licence for import of pre-blended polyols containing Group VI substances specified in column (4) of Schedule I is prohibited from the date of commencement of the Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2014.”.

5. In the said rules, in rule 8, in sub-rule (5), after the words, brackets, figure and letters “specified in column (2) of Schedule II”, the following words and letters shall be inserted, namely : - “and Schedule III”;

6. In the said rules, in rule 9, in sub-rule (3), after the words, brackets, figure and letters “specified in column (2) of Schedule II”, the following words and letters shall be inserted, namely : - “and Schedule III”;

7. In the said rules, in rule 10, after sub-rule (1), the following sub-rule shall be inserted, namely : - “(1A) Import of air-conditioning and refrigeration equipments and other products containing Group VI substances is prohibited from the 1 st July, 2015.”.

8. In the said rules, in rule 14, after sub-rule (1), the following sub-rule shall be inserted, namely : - “(1A) Every person who uses ozone depleting substances as feedstock in the manufacture of other chemicals, with negligible emissions, if any shall maintain records and file reports in the manner specified in Part I of the Schedule X.”.

9. In the said rules, in rule 15, for sub-rule (1), the following sub-rule shall be substituted, namely : - “(1) Nothing contained in these rules except reporting and monitoring shall apply to applications or circumstances specified in Schedule VIII.”.

10. In the said rules, in Schedule II, for serial number 4(a) and (b) and entries relating thereto, the following serial number and entries shall be substituted, namely:- S.

No.

Name of Group of ozone depleting substance s relating to base Maximum allowable production in period of twelve months as percentage of calcu-lated base level for Group as a whole Maximum allowable consumption in a period of twelve month as percentage of calculated consumption of base years for Group as a whole Date related to column

(4) and Ban on creating capacities for productio n of ozone depleting substance s Ban of creating new capacities to manufacture products made with or containing ozone depleting substances “4(a) VI 2009- 19-07-2000 Date on which the Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2014 come into force

(b) VI 2009- 19-07-2000 Date on which the Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2014 come into force

(c) VI 2009- 19-07-2000 Date on which the Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2014 come into force

(d) VI 2009- 19-07-2000 Date on which the Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2014 come into force

(e) VI 2009- 19-07-2000 Date on which the Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2014 come into force

(f) VI 2009- 19-07-2000 Date on which the Ozone Depleting Substances (Regulation and Control) Amendment Rules, 2014 come into force.”.

11. In the said rules, in Schedule IV, -

(a) In column (4), for the existing heading, the following shall be substituted, namely : - “Phase-out Date”;

(b) for serial no 10, and the entries relating thereto, the following serial number and entries shall be substituted, namely : - S.

No.

Name of Activities Name of Group of ozone depleting substances Phase-out Date “10. (a) Manufacture of domestic refrigerators

(b) Manufacture of continuous sandwich panels

(c) Manufacture of pre-blended polyols

(d) Manufacture of all other foam products including discontinuous sandwich panels

(e) Manufacture of air-conditioners

(f) Manufacture of other refrigeration and air-conditioning products (excluding compressors)

(g) Manufacture of fire extinguisher or fire extinguishing systems

(h) Manufacture of all other equipments or products

(i) Servicing of refrigeration and air-conditioning equipment or products

(j) Servicing of fire extinguisher and fire extinguishing systems Group VI Group VI Group VI Group VI Group VI Group VI Group VI Group VI Group VI Group VI

(c) The note marked asterisk (*) shall be omitted;

12. In the said rules, in Schedule-V, -

(a) for serial number 3 and the entries relating thereto, the following serial number and entries shall be substituted, namely : - S.

No.

Rule No.

Function Name of Authority. Last date for registration.

Name of Appellate Authority.

“3. 6(1) Registration of wholesaler/sellers of ozone depleting substances.

An officer not below the rank of Deputy Secretary in the Ministry of Environment and Forests.

In case of substance listed under Group I, Group II, Group III and Group IV up to the 31 st December 2009, in case of substances in Group VI up to st December, 2039 and in case of substances in Group Secretary, Ministry of Environment and Forests.”.

VIII up to 31 st December 2014.

(b) after serial number 6, the following serial number and entries shall be added at the end, namely :- S.

No.

Rule No.

Function Name of Authority Last date for registration Name of Appellate Authority

7. 5(1) Registration of importers or exporters of ozone depleting substances.

An officer not below the rank of Deputy Secretary in the Ministry of Environment and Forests.

st December, Secretary, Ministry of Environment and Forests.

13. In the said rules, in Schedule VI, -

(1) in Part I, -

(a) for serial number 10 and the entry relating thereto, the following serial number and entries shall be substituted, namely :- “10. Plurinational State of Bolivia”;

(b) for serial number 25 and the entries relating thereto, the following serial number and entries shall be substituted, namely :- “25. Democratic Republic of the Congo”;

(c) serial number 30 and the entry relating thereto shall be omitted;

(d) after serial number 35A and the entries relating thereto, the following serial number and entries shall be inserted, namely : -

(e) after serial number 49 and the entries relating thereto, the following serial number and entry shall be inserted, namely : - “49A. Iraq”

(f) for serial number 54 and the entries relating thereto, the following serial number and entries shall be substituted, namely :- “54. Democratic People’s Republic of Korea”;

(g) for serial number 55 and the entries relating thereto, the following serial number and entries shall be substituted, namely :- “55. Republic of Korea”;

(h) for serial number 60 and the entry relating thereto, the following serial number and entry shall be substituted, namely :- “60. Libya”;

(i) for serial number 70 and the entry relating thereto, the following serial number and entries shall be substituted, namely :- “70. Republic of Moldova”;

(j) after serial number 71 and the entry relating thereto, the following serial number and entry shall be inserted, namely : - “71A. Montenegro”;

(k) serial number 88 and the entry relating thereto shall be omitted;

(l) for serial number 94A and the entries relating thereto, the following serial number and entry shall be substituted, namely :- “94A. Serbia”;

(m) after serial number 99 and the entries relating thereto, the following serial number and entries shall be inserted, namely : -

(n) for serial number 104 and the entries relating thereto, the following serial number and entries shall be substituted, namely :- “104. United Republic of Tanzania”;

(o) after serial number 106 and the entries relating thereto, the following serial number and entries shall be inserted, namely : -

(2) in Part III, -

(a) after serial number 1 and the entry relating thereto, the following serial number and entry shall be inserted, namely : - “1A. Andora”;

(b) after serial number 8 and the entry relating thereto, the following serial number and entry shall be inserted, namely : - “8A. Cyprus”;

(c) serial number 11 and the entry relating thereto shall be omitted;

(d) after serial number 17 and the entry relating thereto, the following serial number and entries shall be inserted, namely : -

(e) after serial number 23 and the entry relating thereto, the following serial number and entry shall be inserted, namely : - “23A. Kazakhstan”;

(f) after serial number 33 and the entry relating thereto, the following serial number and entry shall be inserted, namely : - “33A. Romania”;

(g) after serial number 34 and the entries relating thereto, the following serial number and entries shall be inserted, namely : -

(h) serial number 40 and the entry relating thereto shall be omitted;

(i) for serial number 42 and the entries relating thereto, the following serial number and entries shall be substituted, namely :- “42. United Kingdom of Great Britain and Northern Ireland”;

(j) for serial number 43 and the entry relating thereto, the following serial number and entries shall be substituted, namely :- “43. United States of America”;

(k) for serial number 45 and the entries relating thereto, the following serial number and entries shall be substituted, namely :- “45. European Union”

14. In the said rules, in Schedule - VII, –

(a) for the existing heading, the following shall be substituted, namely : - “Regulation on import and export of products containing ozone depleting substances”;

(b) for serial number 1 to 6 and the entries relating thereto, the following serial numbers and entries shall be substituted, namely : - Sl.

No.

Name of Product Name of group of ozone depleting substances.

Date regulation on imports becomes effective.

Date regulation on exports becomes effective.

“1. Aircraft, mobile or automobile, boat, train and truck air- conditioning units. (whether incorporated in vehicle or not).

Group VI Six months after these rules come into force.

Six months after these rules come into force.

2. Domestic and commercial refrigeration and air-conditioning or heat pump equipment e.g.

- Refrigerators - Freezers - Dehumidifiers - Water coolers - Ice machines - Air conditioning and heat pump units - Compressors Group I, Group VI -do- -do-

3. Aerosol products, except medical aerosols Group I, Group VI -do- -do-

4. Portable fire extinguishers/ System cylinder Group II, Group VI -do- -do-

5. Insulation boards, panels and pipe covers Group I, Group VI -do- -do-

6. Pre-polymers Group I, Group VI -do- -do-.”.

15. In the said rules, in Schedule VIII, - after item number (vii), the following item shall be added, namely:- “(viii) Production of ozone depleting substances specified as Group VI in column (4) of Schedule I for the Protocol approved feedstock uses in manufacture of other chemicals, with negligible emissions, if any.”.

16. In the said rules, in Schedule IX, - after serial number (2), the following serial number shall be inserted, namely:- “(2A) Application for registration of persons under sub-rule (1) of rule 5 shall be made in Form 10A of Schedule XI.”.

17. In the said rules, in Schedule – X, for Part VII, the following Part shall be substituted, namely :- “Part VII, Production of records

(1) Records being maintained pursuant to requirements of rule 13 shall be available for inspection at any reasonable time on request by an officer of the registering authority specified in column (4) of Schedule V, not below in rank to a Section Officer to the Government of India. However, persons who are engaged in selling any locally produced ozone depleting substances, they shall make records available for inspection at any reasonable time on request by an officer of the concerned producing enterprise not below in rank to Assistant Manager or on request by an officer of the Ministry of Environment and Forests not below in rank to a Section Officer.”.

18. In the said rules, in Schedule – XI, -

(a) in Form 1, in Page 3, in column 1, for the existing entry under the heading, Name of Group of Ozone Depleting Substances, the following entry shall be substituted, namely : - “Group VI.”;

(b) after Form 10- Page 2, the following Form shall be inserted, namely:- FORM FOR REGISTRATION OF ENTERPRISES IMPORTING/EXPORTING OZONE DEPLETING SUBSTANCES [SUB-RULE (1) OF RULE 5]

1. Name of firm

2. Address of registered office (including Tehsil, District, State)

3. Date of registration and the name of Act under which registered (A copy of such registration to be attached)

4. Particulars of importers or exporters S.

No.

Name*1 of ozone depleting substances.

Address of importers or exporters.

Date of start of import or export of ozone depleting substances.

Name and address from or to whom ozone depleting substance was imported or exported during the past twelve months.

5. Name of Proprietor or Chief Executive :

6. Please attach a copy of latest Income Tax Assessment Order : Signature of the applicant *2 with Seal Verification I declare that the enterprise/ firm mentioned in Sr. 1 above has not applied for registration under sub-rule (1) of rule 5 of the Ozone Depleting Substances (Regulation and Control) Rules, 2000 with any other registering authority. I ………………………………………….. S/o ……………………………………… do hereby solemnly verify that to the best of my knowledge and belief the information given above and the annexure and statements any accompanying it are correct and complete.

I further declare that I am submitting and verifying the information given above in my capacity as ……………………. and that I am competent to do so.

Place ………….. Signature *2………………… Date ……………. with seal Notes:

*1 Please see Schedule I for list of all ozone depleting substances. *2 The above Form including the verification portion must be signed in case of an individual by the individual himself or a person duly authorized by him, in case of Hindu undivided family, by the Karta: in case of the partnership firm, by the managing partner, in case of a company, by a person duly authorized in that behalf by the Board of Directors and in any case, by a person in-charge of or responsible for the conduct of the business.”. MANINDER SINGH, Jt. Secy.

Note :- The principal notification was published in the Gazette of India, Extraordinary Part-II, Section 3, Sub-section (ii) vide number

S.O. 670 (E), dated the 19 th July, 2000 and subsequently amended vide :-

1.

S.O. 1283 (E), dated the 31 st December, 2001;

2.

S.O. 966 (E), dated the 27 th August, 2003;

3.

S.O. 929 (E), dated the 16 th August, 2004;

4.

S.O. 1391 (E), dated the 26 th September, 2005; and

5.

S.O. 1561 (E), dated the 18 th September, 2007.

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Environment (Protection) Act, 1986