REGIONAL CUSTOMS COOPERATION MEETING AND OZONE PROTECTION AWARD FOR CUSTOMS & ENFORCEMENT OFFICERS ASHGABAT, TURKMENISTAN, MAY 2016

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1 REGIONAL CUSTOMS COOPERATION MEETING AND OZONE PROTECTION AWARD FOR CUSTOMS & ENFORCEMENT OFFICERS ASHGABAT, TURKMENISTAN, MAY 2016 ANNUAL MEETING OF THE REGIONAL OZONE NETWORK FOR EUROPE & CENTRAL ASIA ASHGABAT, TURKMENISTAN, MAY 2016 HIGHLIGHTS & RECOMMENDATIONS Customs and enforcement officers from Bosnia & Herzegovina, China, Croatia, European Union, Georgia, Kyrgyzstan, Romania, Russia, Serbia, Spain, Turkey, Turkmenistan, Ukraine and Uzbekistan have been awarded with the prestigious ozone protection medals and certificates in recognition of their strong commitment to address illegal or unwanted trade in ozone-depleting substances (ODS), mixtures, equipment & products. This award scheme is crucial in providing recognition and visibility to customs and enforcement officers who support the implementation of trade-related Multilateral Environmental Agreements, such as the Montreal Protocol. It has been endorsed by the World Customs Organization, the Ozone Secretariat, the Multilateral Fund Secretariat, UNEP OzonAction as the implementing agency and the State Committee on Environment Protection and Land Resources of Turkmenistan as the host of the meeting. Representatives of all organizations signed the award certificates.

2 In the period from May 2014 to April 2016, the award winners reported 258 successful seizures of 9,947 pieces of equipment and 10,201 refrigerant cylinders / cans containing more than 70 metric tons of ozone-depleting substances (ODS), mixtures, products & equipment. Informal Prior Informed Consent (ipic) consultations between trade partners prior to the issuance of the mandatory export and import licenses avoided 16 unwanted / illegal shipments of more than 174 metric tons of ODS and mixtures. In addition, Ukraine estimates that approximately 50,000 AC split system illegally entered the country in past years, which were declared as R134a equipment but actually contained R22 as refrigerant. Compared with the previous editions of the award, the number of reported seizures increased significantly largely due to the huge number of seizures in Belgium (147 seizures) and Germany (48 seizures) as reported by the European Commission. Uzbekistan reported 15 seizures of 8,589 refrigerant cylinders / cans containing 10,852 metric kg of refrigerants R12, R22 as well as alternatives R134a (HFC) and R600a (hydrocarbon) without shipment documents. TKM customs network - highlights & recommendations English.docx Page 2 of 10

3 The number of seized refrigerant cylinders / cans slightly increased as compared with the 3 rd edition of the award. However, the number of reported equipment seizures increased significantly mainly due to the seizures in Belgium and Germany as reported by the European Commission. Belgium customs authorities had seized 2,344 refrigerators / freezers and airconditioning units and 7,486 cooling compressors. Most of the equipment originated from Germany, France and the Netherlands and the destination countries included Nigeria, Cameroun, Guinea and Togo. In Germany, 38 refrigerators, 68 cooling compressors, 4 truck refrigeration units, 7 car air-conditioning units containing R12 and R22 were seized. In terms of tonnage of seized ODS and prevented illegal / unwanted trade in ODS, much higher amounts were reported as part of the 3 rd edition of the award. This is due to some significant seizures of ISO containers as well as ipic consultation during the 3 rd edition of the award. However, the seized amount of 70 metric tons remains important. TKM customs network - highlights & recommendations English.docx Page 3 of 10

4 For the first time, Romania, Spain and Germany (through the European Commission) reported seizures of ODS which had been offered for sale on Internet. In Spain, about 20 advertisements for R22 were identified on different websites. The inspectors of the SEPRONA unit investigated and subsequently four people in Cadiz, Gerona, Barcelona and Alicante were arrested. The contents of the refrigerant cylinders were analyzed and are currently stored in the Central Customs Laboratory. The investigation revealed that they were purchased legally in the past, but today their placing on the market in the European Union is banned. One of the offenders has already been sentenced to 6 months in prison, a fine of 730 euros and the prohibition to practice any profession resulting in air pollution for 6 years. The other court cases are ongoing. A similar case was reported in Romania, where the National Environmental Guard investigated online advertisements for the selling of refrigerants, including R12, R22, R407C. The police and environmental guard inspected the residence and found about 20 refrigerant cylinders containing 240 kg of R12 and R22. The cylinders were seized and the seller was imprisoned for 6 months. In Germany, 225 kg of halon was seized kg of were found by customs in fire extinguishers aboard a vessel and the rest was offered for sale via Internet. The Public Prosecutor Office for the Protection of the Environment in Spain entrusted the SEPRONA unit of the Civil Guard with the investigation of possible illegal trade in substances that deplete the ozone layer. The investigation showed that fishing vessels from different countries of origin were docking in ports of the Autonomous Community of Galicia to purchase R22 for servicing of their cooling equipment on board. However, the import and subsequent export of R22 in the EU is only allowed by companies authorized by the European Commission. A search in the electronic licensing system of the European Commission revealed the name of only one company that was authorized for trading refrigerants with fishing vessels. Further investigations revealed that company in question had illegally traded virgin R22 with companies based in Spain and in other EU countries, since the EU legislation does not allow for placing on the market of HCFCs. The companies also sold R22 to companies in non-eu countries without obtaining a valid trade license or without properly declaring the ozone-depleting refrigerants in the customs declaration forms. As a result, 37,000 metric kg of R22 were seized and, in addition to the investigated company, another 24 companies were identified as possibly involved in the illegal trade of R22. Customs officers in Vyborg in Russia have seized 15,640 metric kg of R22 in 1,150 cylinders, disguised as R134a. The ship consignment from China was unloaded at the seaport of Kotka in Finland, and then transported by lorry to Russia. The cylinders were declared as R134a and boxed in cartons marked as R134a. On opening of the boxes, however, the cylinders were quite clearly labeled as R22. Imports of R22 into Russia were banned at the end of 2014, as domestic production is deemed sufficient to meet its Montreal Protocol phase-down measures. R22 prices are extremely high, making the smuggling of cheap R22 from China particularly attractive. The cylinders were seized and court case was initiated. In the Western Mediterranean (Antalya) Region of Turkey, a Turkish company which had not been registered for import, tried to import 3,100 cylinders of, what they claimed to be HFCs (R404, R410A and R134a). The cylinders were transported from China by ship. After more detailed inspection and analysis of the content of the cylinders, it was clear that 327 of the TKM customs network - highlights & recommendations English.docx Page 4 of 10

5 cylinders contained R22. Turkish legislation allows for import of R22 only with the valid license and by registered importers. The cylinders were seized and the court case was initiated. The detailed summary of seizures and ipic consultation as well as other meeting documents are available from ECA website: The award ceremony took place during the ECA Customs Cooperation Meeting in Ashgabat, Turkmenistan, May 2016, which has been jointly organised by the the State Committee on Environment Protection and Land Resources of Turkmenistan and UNEP s OzonAction Programme in cooperation with UNDP and UNIDO. The activity has been funded by the Multilateral Fund for the Implementation of the Montreal Protocol, as a part of the work programme of the Regional Ozone Network for Europe & Central Asia (ECA network), with co-funding from the Global Environment Facility for the participants from Countries with Economies in Transition (CEIT countries). The subsequent ECA network meeting of ozone officers of the ECA network focused on compliance & data reporting, policy decisions of the Montreal Protocol bodies, implementation of HCFC phase-out strategies, ODS alternatives surveys, HPMP verification, Institutional Strengthening guidelines, European Union regulation on fluorinated gases (F-gas regulation), celebration of International Ozone Day, ODS destruction among others. The forthcoming ECA thematic meetings on HCFC phase-out and HFC phase-down are scheduled in Chisinau, Moldova, October 2016 and in Belgrade, Serbia, 29 November 1 December The host countries for 2017 ECA network and thematic meetings will be Turkey, Albania and Georgia. The meetings in Ashgabat were attended by some 75 participants including ozone, customs & enforcement officers from 20 European & Central Asian countries as well as representatives of the Ozone Secretariat, World Customs Organization (WCO), Regional Intelligence Liaison Office for Eastern & Central Europe (RILO ECE), Environmental Investigation Agency (EIA), the implementing agencies UNDP, UNEP and UNIDO, Montreal Protocol experts from Croatia, European Commission, Iran and Poland and the winners of the award. ECA work programme ECA work programme 2016: In line with the reduced budget allocation for ECA network activities in 2016, the following activities have been implemented / scheduled: ECA customs cooperation meeting in Ashgabat, Turkmenistan, May 2016, with the participation of ozone officers & customs experts ECA network meeting in Ashgabat, Turkmenistan, May 2016, with the participation of ozone officers only ECA thematic meeting for the Russian-speaking group of countries in Chisinau, Moldova (Republic of), 8-10 November 2016 (NEW DATES), with the participation of ozone officers & RAC experts ECA thematic meeting for the English-speaking group of countries in Belgrade, Serbia, 29 November - 1 December 2016, with the participation of ozone officers & RAC experts Translation of meeting documents, selected presentations and Montreal Protocol related fact sheets into Russian TKM customs network - highlights & recommendations English.docx Page 5 of 10

6 ECA work programme 2017: Once the budget for UNEP's Compliance Assistance Programme has been approved by the 77th Meeting of the Executive Committee and the budget for ECA network activities in 2017 allocated, the ECA work programme will be finalized. In order to promote continuity in cooperating with national customs administrations and RAC associations, it is recommended to involve customs experts every second year in the network meetings (e.g. 2018, 2020 ) and RAC experts every year either in the network meetings (e.g. 2017, 2019 ) or the thematic meetings (e.g. 2018, 2020 ). Currently, the following activities have tentatively been scheduled: ECA network meeting in Turkey in May 2017, with the participation of ozone officers & RAC experts (subject to security clearance) ECA thematic meeting for the Russian-speaking group of countries in Georgia in October 2017, with the participation of ozone officers only ECA thematic meeting for the English-speaking group of countries in Albania in November 2017, with the participation of ozone officers only Translation of meeting documents, selected presentations and Montreal Protocol related fact sheets into Russian ECA work programme 2018: ECA network countries and associated CEIT countries are invited to express their interest to host any of the following ECA network or thematic meetings in 2018: ECA network meeting in May 2018, with the participation of ozone officers & customs experts ECA thematic meeting for the Russian-speaking group of countries in October 2018 with the participation of ozone officers & RAC experts ECA thematic meeting for the English-speaking group of countries in November 2018, with the participation of ozone officers & RAC experts Translation of meeting documents, selected presentations and Montreal Protocol related fact sheets into Russian Additional suggestions: NOU Kyrgyzstan suggested additional CAP activities (subject to fund availability): NOU staff training Development and translation of manuals and training modules Training for RAC technicians Production of video materials Publication of the regional RAC journal in Russian Development of the brochure on ODS waste management in solvents, aerosols, fire extinguisher, refrigeration equipment and other sectors and disseminate in the ECA countries. Enforcement related activities ECA award: The 4th edition of the ECA Ozone Protection Award for Customs & Enforcement Officers has been concluded with the award ceremony in Ashgabat on 25 May TKM customs network - highlights & recommendations English.docx Page 6 of 10

7 2016. ECA network countries suggest launching the 5th edition of the award - at regional or global level - for the period May 2016-April 2018 and an award ceremony in May Licensing system: Licensing systems should apply to imports, export and transit of ODS, including ODS for feedstock uses. Licensing systems might be extended to HFCs, HFC blends and HFOs. Feedstock: Feedstock uses should be closely monitored, feedstock users should be licenced and end use should be verified. Countries are encouraged to promote alternative technologies. Informal Prior Informed Consent: The ipic mechanism is a useful tool to prevent unwanted/illegal trade: Countries should join and actively use ipic active participation is needed to make it work. ipic online data should be kept up-to-date and in particular the contacts of ipic focal points as well as any information on bans or trade restrictions for ODS, non-ods and equipment. High-risk companies which are not registered / authorized to import ODS might also be indicated. Major exporters are encouraged to initiate ipic consultation before issuing export licenses (or at least send a notification to the ipic focal points / NOUs of the importing countries). Importing countries should consult the ipic focal points of the exporting countries before issuing import licenses. Countries might consider including information on HFCs, HFOs, mixtures and equipment into their ipic data. Cybercrime: Following the experience of cybercrime cases detected in Germany, Romania and Spain, countries are encouraged to conduct a desk study on companies offering controlled ODS and equipment on Internet and to assess the need to do further investigations or to inform relevant companies about Montreal Protocol provision and national legislation in this regard. Seizures: Report seizures of ODS, non-ods, mixtures and equipment to the Ozone Secretariat, RILO National Contact Points (NCPs) and UNEP OzonAction to further disseminate the information through WCO's Environet, Customs Enforcement Network, OzonAction website & e-bulletins and the regional ozone networks. Import restrictions for ODS equipment: In case of import bans or restrictions related to ODS equipment, countries are encouraged to request the Ozone Secretariat to include this information in the list of countries which do not wish to import certain ODS equipment in accordance with Decision XXVII/8. Penalties: Apply penalties that will deter illegal trade, and publicise actions and penalties. HS codes for HFCs / HFOs: National customs administrations might wish to support the adoption of new harmonized system (HS) codes for HFCs, HFOs and mixtures and to consider the possibility of introducing such codes at national level. TKM customs network - highlights & recommendations English.docx Page 7 of 10

8 Post clearance audit (PCA): Countries may wish to familiarize with PCA procedures and to encourage the following: Use PCA to control ODS trading Effectively communicate with customs PCA authorities Invite PCA auditors to the national customs training programmes Report any suspicious illegal ODS import case in the market to your customs authorities Inform customs PCA authorities on the national ODS import/export quota and licensing system information. ODS tanks / ISO containers: Bulk ODS is often traded in huge tanks / ISO containers to be filled into smaller cylinders in transit countries, countries of destination or free-trade zones. The contents of these tanks / ISO containers is rarely verified or sampled. Customs should be trained & sensitized to monitor large tanks & ISO containers potentially containing ODS. Customs training: Countries might consider inviting customs auditors / brokers to attend the customs training since they are responsible for customs clearance and verification of procedures. Customs quick tool: UNEP should up-date the customs quick tool, include new refrigerants and mixtures and update the list of ODS producing countries. Customs communication: Countries might consider facilitating the communication between customs authorities, environmental agencies as well as other stakeholders (importers, exporters, wholesalers, users). Data reporting Country Programme (CP) data: Submit CP implementation data for the previous year through the online reporting facility to the Multilateral Fund Secretariat at least 8 weeks before the first meeting of the Executive Committee of the current year and not later than 1 May. Article 7 (A7) data: Submit A7 data for the previous year to the Ozone Secretariat if possibly by 30 June of the current year, or by 30 September at the latest. Countries of origin and destination: Report, on a voluntary basis, the countries of origin and countries of destination as part of Article 7 data reporting. Methyl bromide: Report annually the amount of methyl bromide for QPS applications imported in the previous year as well as for any past years with outstanding data. General data reporting: Beside the information on consumption, production, import, export and re-export, countries of origin and destination, countries are encouraged to report also on feedstock use, quality (recycled) and cases of illegal trade. TKM customs network - highlights & recommendations English.docx Page 8 of 10

9 Differences in reported trade data: Analyze differences in reported trade data with relevant trade partners and in particular when the reported exports to the respective import countries exceed the legal imports. Focal points: Periodically review the contacts of designated focal points and inform UNEP OzonAction / Ozone Secretariat about any changes: UNEP OzonAction: National Ozone Units, ipic focal points, Montreal Protocol customs focal points, RAC associations Ozone Secretariat: Licensing system focal points, Montreal Protocol focal points HCFC phase-out HCFC quota: All countries should allocate annual quota for the import of HCFCs in order to ensure compliance with the phase-out provisions of the Montreal Protocol / agreement with the Executive Committee in case of accelerated HCFC phase-out. Leakage checking: Mandatory leakage checking of RAC&HP equipment containing large quantities of HCFCs (3 kg or more in the EU) is effectively assisting the phase out process, because it prevents leakages and thus diminishes the demand of HCFCs for servicing. Bans on placing on the market: Bans on placing on the market of equipment containing and relying on HCFCs and/or bans on HCFC use must accompany quota and licensing system if smooth and effective HCFC phase out is to be achieved. HCFC legislation: The final stage of HCFC phase out is difficult to manage and relevant legislation must be well thought and prepared well in advance. RAC sector: There is a continued need to improve the skills of technicians in the servicing sector on handling alternative refrigerants including HFCs, HFOs, natural refrigerants and mixtures. Ban of disposable ODS cylinders: Countries may consider banning the import / use of disposable ODS cylinders to reduce the risk of illegal imports as well as refrigerant emissions. HCFC alternatives: Countries might consider replacing HCFCs by ozone- and climatefriendly alternatives including natural refrigerants. Project management: Implementing agencies are requested to expedite the disbursement of funding for HPMP tranches and institutional strengthening projects in a timely manner to avoid delays in project implementation. HFC phase-down Low GWP-alternative refrigerants: With an increasing focus on climate change, the increasing amount of low-gwp alternative refrigerants will require extensive education of the industry and adaptation of legislation, training & certification as well as standards & good practices. TKM customs network - highlights & recommendations English.docx Page 9 of 10

10 Refrigerant safety: Low-GWP alternative refrigerants are associated with safety issues (flammability, toxicity, high pressure), which need to be addressed through proper training & certification of RAC service technicians and adoption of safety standards. Publications on HCFC alternatives: Countries are encouraged to develop manual / brochures for RAC technicians covering relevant legislation, good practices and the safe use of alternative refrigerants (HFC, HFO, natural refrigerants). Demo project on HFC alternative technologies: Central Asian countries with hot climate expressed the need for a demo project on HFC alternative technologies and welcome the establishment of the Regional Center of Excellency on low-gwp technologies in Armenia. Countries with hot ambient climates: Countries might wish to discuss the criteria for classifying countries as countries with hot ambient climates at OEWG / MOP. ODS destruction projects Cooperation: Cooperation between countries and sharing of information is crucial for the implementation of a regional approach towards ODS destruction. This applies also to the different MEAs and Protocols (Stockholm, Rotterdam, Basel, Montreal etc.) as well as the cooperation between the Ministry of Environment and other public authorities. Synergies: Synergies between the MLF-funded ODS and GEF-funded POP projects resulted into a cost-effective approach for the destruction of unwanted ODS. The coordinated management of both projects (one consolidated tender, one sub-contractor and related local and international waste export/transit/import permitting procedures) resulted into cost savings. Market research: A preliminary market research will facilitate the identification of companies with robust experience in the management of POPs and ODS. Montreal Protocol awareness International Ozone Day (IOD): Countries are encouraged to continue their innovative awareness initiatives in the context of IOD celebrations as well as throughout the year, to share information and outcomes with other network countries and to report to the Ozone Secretariat and UNEP. TKM customs network - highlights & recommendations English.docx Page 10 of 10