DECISION- N0. 10, date 9.1.2019

DECISION- N0. 10, date 9.1.2019

ON RULES FOR THE PRODUCTION, IMPORT, EXPORT, PLACING ON THE MARKET AND USE OF OZONE DEPLETING SUBSTANCES, AS WELL AS THE IMPORT, EXPORT, PLACING ON THE MARKET AND USE OF THE PRODUCTS AND EQUIPMENT THAT CONTAIN THESE SUBSTANCES.[1]

Pursuant to Article 100 of the Constitution and point 1 of Article 35 of Law no. 10431, date 9.6.2011, “On Environmental Protection”, as amended, with the proposal of the Minister of Tourism and Environment, the Council of Ministers

DECIDED:

The approval of the rules for the production, import, export, placing on the market and use of ozone depleting substances, as well as for the import, export, placing on the market and use of products and equipment containing such substances, according to the text attached to this decision which is an integral part of it.
Decision no. 453, date 23 June 2005, of the Council of Ministers, “On the approval of the list of equipment that use ozone-depleting substances which are forbidden to be produced and imported, as well as the rules and procedures for replacement of ozone depleting substances in existing equipment”; (amended), is appealed.
The Ministry of Tourism and Environment, the National Environment Agency, the State Inspectorate of Environment, Forestry and Water and the General Directorate of Customs are responsible for the implementation of this decision.

[1] This decision approximates:

– partly with Regulation (EC) no. 1005/2009 of the European Parliament and of the Council of 16 September 2009 On substances that deplete the ozone layer; (as amended) CELEX 32009R1005, OJ L 286, 31.10.2009;

– partly / Commission Regulation (EU) No 291/2011 of 24 March 2011 on the essential use of controlled substances other than hydrochlorofluorocarbons for laboratories and for analytical purposes in the European Union under Regulation (EC) 1005/2009, of the Parliament and of the European Council on Substances That Threaten the Ozone Layer, CELEX 3A32011R0291, OJ L 79/4, 25.03.2011;

– partly in accordance with Commission Regulation (EU) 744/2010 of 18 August 2010 amending Regulation (EC) 1005/2009 of the Parliament and of the Council on substances that deplete the ozone layer in relation to critical uses of halons; CELEX 32010R0744, OJ L 218,19.8.2010.

This decision enters into force after its publication in the Official Journal.

PRIME MINISTER

Edi Rama

RULES FOR PRODUCTION, IMPORT, EXPORT, PLACING ON THE MARKET, USE, RECOVERY, RECYCLING, RECLAMATION AND DESTRUCTION OF SUBSTANCES THAT DEPLETE THE OZONE LAYER, AND ON THE IMPORT, EXPORT, PLACING ON THE MARKET AND USE OF PRODUCTS AND EQUIPMENT CONTAINING OR RELYING ON THOSE SUBSTANCES.

The Purpose

This Decision defines the rules on the production, import, export, placing on the market, use and on the import, export, placing on the market and use of products and equipment containing these substances.

DEFINITIONS

For the purpose of this decision, the following terms have this meaning:

“Methyl bromide”, means the controlled substance specified in Annex (E), Group I, Annex 1, attached to these rules.
“Export” means the exit from the customs territory of the Republic of Albania of controlled substances as well as the products and equipment containing these substances.
” Feedstock”, means any controlled substance or new substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition and whose emissions are insignificant;
“Halons” means the controlled substances listed in Annex A, Group II, Annex 1, attached to these rules, Group III of Annex I, including their isomers
“Hydrochlorofluorocarbon” or “HCFC”, means the controlled substances listed in Annex C, Group I, Annex 1, attached to these rules, including their isomers.
“Import”, means the entry of controlled substances and the products and equipment containing these substances in the customs territory of the Republic of Albania.
“Chlorofluorocarbon” or “CFC” means the controlled substances listed in Annexes (A & B), Group I, Annex 1, attached to these rules, including their isomers.
“Consume”, means production plus imports minus exports of controlled substances.
“Container”, a product which is designed primarily for the transport or storing of controlled substances.
“Non-Refillable Container”, means a container which cannot be refilled without being adapted for that purpose or is placed on the market without provision having been made for its return for refilling
“Combined Nomenclature of Goods” has the meaning provided in Law no. 102/2014, “Customs Code of the Republic of Albania”, as amended.
“National Ozone Unit (NOU)”, means the responsible body for following the implementation of the Montreal Protocol requirements at national level, set up at the Ministry of Environment, with the financial support of the protocol secretariat.
“Operator” means the natural or legal person, to which the undertakings has delegated technical functions of products and equipment containing controlled substances.
“Party” means any country which has ratified the Montreal Protocol.
“Use”, means the utilization of controlled substances or new substances in the production, maintenance or servicing, including refilling, of products and equipment or in other processes;
quarantine applications’ means treatments to prevent the introduction, establishment or spread of quarantine pests (including diseases), or to ensure their official control, where:
- official control is that performed by, or authorized by, a national plant, animal or environmental protection or health authority,
- quarantine pests are pests of potential importance to the areas endangered thereby and not yet present there, or present but not widely distributed, and being officially:
“Laboratory and analytical use” means the use of controlled substances for uses specified in Annex 5, attached to these rules.
” pre-shipment applications “, means those non-quarantine applications applied no more than 21 days prior to export to meet the official requirements of the importing country or official requirements of the exporting country. Official requirements are those which are performed by, or authorised by, a national plant, animal, environmental, health or stored product authority;
“Critical use of halon”, those halons uses, listed in Annex 6, attached to these rules.
“Heat pump” means a device or installation that extracts heat at low temperatures from air, water or earth and supplies heat;
“Ozone depleting potential” or “ODP” means the figure specified in the third column of Annex 1 and represents the potential effect of any controlled substance or substance in the ozone layer.
“Products and Equipment Containing Controlled Substances” means products and equipment which use and / or contain controlled substances and do not function without them in accordance with Annex 3 to this Regulation, not including those products and equipment used for the production, processing, recovery, recycling, recovery or destruction of controlled substances.
“Production” has the same meaning as that given in the “Montreal Protocol for Ozone-Depleting Substances”, ratified by the Republic of Albania with Law no. 8463, date 10.3.1999, “On the Accession of the Republic of Albania to the Vienna Convention” On the Protection of the Ozone Layer” and to the Montreal Protocol “On Substances That Threaten the Ozone Layer”.
“Montreal Protocol” means the protocol “On ozone depleting substances”, signed in Montreal in 1987, with the pertinent amendments, which are ratified by the Republic of Albania with Law no. 8463, date 10.3.1999, “On the Accession of the Republic of Albania to the Vienna Convention” On the Protection of the Ozone Layer “and the Montreal Protocol” On Substances That Deplete the Ozone Layer ”.
“recovery “means the collection and the storage of controlled substances from products and equipment or containers during maintenance or servicing or before disposal.

“Recycling” means the reuse of a recovered controlled substance following a basic cleaning process;
“Reclamation” means the reprocessing of a recovered controlled substance, in order to meet the equivalent performance of a virgin substance, taking into account its intended use;
“Quantity of controlled substances to be imported”, the maximum quantity to be imported, determined in accordance with the annual quotas set out in Annex 4, attached to these rules.
“Ozone Secretariat”, the Secretariat of the Montreal Protocol.
“Undertaking” means any natural or legal person which:
- produces, recovers, recycles, reclaims, uses or destroys controlled substances or new substances;
- imports such substances;
- exports such substances;
- places such substances on the market; or
- operates refrigeration, air conditioning or heat pump equipment, or fire protection systems, which contain controlled substances;

dh) it is the operator of products and equipment containing controlled substances.

“Controlled Substances”, means the ozone-depleting substances listed in Annex 1, attached to this decision, including their isomers, whether alone or in a mixture, or virgin, recovered, recycled or regenerated.
“New Substances”, means the substances listed in Annex 2, whether alone or in a mixture, or virgin, recovered, recycled or regenerated substances.
“virgin substances”, means substances which have not previously been used.
“Destruction” means the process of permanently transforming or decomposing all or most of a controlled substance into one or more stable substances that are not controlled substances
“Carbon tetrachloride”, the controlled substance listed in Annex B, Group II, of Annex 1, attached to these rules.
“Placing on the market” means the supplying or making available of goods to third persons within the customs territory of the Republic of Albania, for payment or free of charge, and include the release for free circulation, as referred to in the Customs Code Republic of Albania, as amended. With regard to products and equipment that are part of an immovable property or part of means of transport, this refers only to the supplying or making available within the Republic of Albania for the first time

III. Scope

These rules apply to all natural or legal entities that produce, import, export, market, reclaim, recycle, recover, destroy, use, controlled substances or products and equipment containing such substances in the territory of the Republic of Albania.

Prohibitions

Unless otherwise specified in this Decision, in the Republic of Albania are prohibited:

the production of controlled substances, and of products, equipment and mixtures that contain controlled substances;
air discharge / release of controlled substances, and of mixtures that contain these substances;
the import and export of controlled substances, and of products and equipment that rely on controlled substances, from and to any state Party of the Montreal Protocol, except in the cases and pursuant to the rules set out set below in point 6, Chapter VI of these Rules;

ç) Import and export of controlled substances and of products and equipment relying on controlled substances from and to any State not Party to the Protocol shall be prohibited;

Placing on the market and use of controlled substances, except in the cases and pursuant to the rules set out below, in point 5 of Chapter V of these Rules;
dh) the use of controlled substances and of products that contain these substances which are used in agriculture for plants protection, except in the cases and pursuant to the rules set out below, in point 6 of Chapter V of these rules.

2- the import of used refrigeration equipment relying on controlled substances,

PLACING ON THE MARKET AND CONTROL OF USE

Controlled substances shall not be placed on the market in non-refillable containers, except for laboratory and analytical uses.
Halons may be placed on the market and used for critical uses set out in Annex 6, attached to these rules. Halons may only be placed on the market by undertakings authorized by the competent authority of the Ministry responsible for the Environment as the invested authority to store halons for critical uses.
Hydro chlorofluorocarbons can be produced, placed on the market and used in accordance with the quota specified in Annex 4 to these rules.

Hydro chlorofluorocarbons recovered can be placed on the market and used for the maintenance or servicing of existing equipment cooling, air conditioning and heat pumps, provided that the Container is labeled according to the conditions and provisions specified in point 3 Chapter IX, of these rules.

Methyl bromide may be placed on the market and used for quarantine and for pre-shipment applications for treatment of goods for export.
Methyl bromide may be used only:

a) in cases approved by the ministry responsible for the environment; and
b) if its use is economically and technically feasible, and
c) provided that at least 80% (eighty) percent of the methyl bromide released the consignment is recovered.

ON IMPORT AND EXPORT CONTROLS

Imports of controlled substances included in Annex C to Group I of Annex 1, to these Rules shall be carried out only by licensed entities and shall be permitted only on the basis of annual quotas set out in Annex 4 to these Rules. The Minister responsible for the Environment, through a special guideline, determines the procedure of splitting the annual import quota of the controlled substances according to Annex 4 of these rules.
In specific cases, affecting controlled substances other than hydrochlorofluorocarbons, exceptions can be made from the import prohibition given in Chapter II paragraph 1(c), when it is needed to protect human life, biological diversity, national security, scientific researches and to handle natural disasters. This exception is allowed only when there are no other solutions economically and environmentally feasible.
Every exemption pursuant of this Chapter shall be made by the Minister responsible for the environment based on the reasoned request of the respective public body, where it is defined the type and quantity that needs to be imported, the country from which it will be imported and the delivery time, only after a prior approval by the Ozone Secretariat has been approved.
Ozone depleting substances import is allowed only in the custom branches that have a trained staff and special equipment for their detection and identification.
Import and Export of products and equipment that rely on controlled substances can be carried out by users of these substances, provided that they have been equipped with a respective license, in accordance with Chapter VII.
The prohibition set out in point 1 of Chapter IV of this Regulation shall not apply to imports of:

(a) controlled substances to be used for laboratory and analytical uses;

b) controlled substances to be used as feedstock;

ç) products and equipment relying on halons to satisfy critical uses;

d) products and equipment relying on controlled substances to satisfy laboratory and analytical uses
dh) products and equipment relying on controlled substances for destruction, where applicable by technologies;
e) recovered, recycled or reclaimed halons provided the condition that they are imported only for critical uses, by undertakings authorized by the competent authority, responsible to store halons for essential uses;

ë) methyl bromide for emergency uses for repackaging and subsequent re-export for quarantine and pre-shipment applications provided that the re-export takes place during the year of import controlled substances, other than hydrochlorofluorocarbons, pursuant to points 2 and 3 of this chapter.

7) The export prohibition set out in point 1 (c) of Chapter IV of these rules shall not apply to exports of:

controlled substances to be used for essential laboratory and analytical uses,
controlled substances to be used as feedstock;
recovered, recycled or reclaimed halons stored for critical uses, by undertakings authorized by the competent authority and products and equipment containing or relying on halon to satisfy critical uses;
virgin or reclaimed hydrochlorofluorocarbons for uses other than destruction;
methyl bromide re-exported for quarantine and pre-shipment applications

VII. LICENSING

The import and / or export of controlled substances is carried out only by licensed undertakings, in accordance with the criteria, conditions, terms and procedures set out in the applicable legislation on licenses, authorizations and permits in the Republic of Albania for Code III.3 licenses.
The Minister responsible for environment will issue an order listing all the required documentation requested to be submitted by the undertakings in order for them to meet and fulfil the criteria and provisions as envisaged on the legislation on licenses, including the obligation to report according to the requirements of Chapter XI of this act.
In case of non-implementation of legal and sub-legal obligations in this matter, the Minister responsible for environment suspends and / or revokes the license in accordance with the legislation on licenses.

VIII. LABELING

The Importer of controlled substances or equipment and substances containing controlled substances must assure their labeling in Albanian language. The label contains the trading name, chemical composition, Combined Nomenclature Code (CNC), the risk symbol with the sign, in compliance with the international classification ISO, the notification for health and environment risks, the requirements and conditions of storage, so as the total quantity of the packed substances, the production and expiry date, and the contact of the importer.

Controlled substances produced or placed on the market for essential laboratory and analytical uses may only be used for that purpose. Containers containing such substances shall be labelled with a clear indication that the substance may only be used for laboratory and analytical uses.

When reclaimed or recycled hydrochlorofluorocarbons are used for maintenance or servicing, the refrigeration, air-conditioning and heat pump equipment concerned, shall be labelled with an indication of the type of substance, the quantity of the substance contained in the equipment, the name of the address the undertaking that has carried out recovery or recycling and label elements on the hazards of ozone layer, such as signaling words on risk effect and precautionary statements.

LEAKAGES AND EMISSIONS OF CONTROLLED SUBSTANCES

Undertakings shall take all precautionary measures practicable to prevent and minimize any leakages and emissions of controlled substances.
Undertakings and operators operative in the refrigeration, air conditioning or heat pump equipment, or fire protection systems, including their circuits, which contain controlled substances shall ensure that the stationary equipment or systems:

a) with a fluid charge of 3 kg or more of controlled substances are checked for leakage at least once every 12 months; this shall not apply to equipment with hermetically sealed systems, which are labelled as such and contain less than 6 kg of controlled substances;

(b) with a fluid charge of 30 kg or more of controlled substances are checked for leakage at least once every 6 months;

d) and that any detected leakage is repaired as soon as possible and in any event within 14 days. The equipment or system shall be checked for leakage within 1 month after a leak has been repaired to ensure that the repair has been effective.

Undertakings and operators of controlled substances, as defined in point 2 of this chapter, shall set up and maintain records concerning:

a) the quantity and type of controlled substances added;
c) the quantity recovered during maintenance, servicing and final disposal of the equipment or system referred in point 2 of this chapter;
d) information including the identification of the company or technician which performed the maintenance or servicing, including the number of its certificate;
d) leakage dates and results after each leakage test.

4)Undertakings of controlled substances and operators must keep records for at least 5 (five) years.

5). The format of the control data for leakages shall be approved by order of the Minister responsible for the environment.

X.RECOVERY AND DISTRIBUTION OF CONTROLED SUBSTANCES

Controlled substances contained in refrigeration, air-conditioning and heat pump equipment, equipment containing solvents or fire protection systems and fire extinguishers shall, during the maintenance or servicing of equipment or before the dismantling or disposal of equipment, be recovered for destruction, recycling or reclamation.

Controlled substances as well as products and equipment containing such substances shall be destroyed only with the technologies listed in Annex 7 attached to these rules. In the case of controlled substances that are not included in this Annex, their destruction will be carried out with the most environmentally acceptable destruction technologies at no additional cost, and provided that the use of such technologies is in accordance with national legislation on integrated waste management.

3-Controlled substances contained in products and equipment other than those referred to in point 1 of this chapter, if technically and economically feasible, shall be recovered for destruction, recycling or recovery or destroyed without prior recuperation, by applying the technologies mentioned in point 2 of this chapter.

4-The activity of collecting, transporting, storage, recycling, processing or disposal of controlled substances is done only by entities endowed with the license “Other professional activities related to environmental impact”, with code III.2.B.

REPORTING

The data on the production, import, export, placing on the market, use, recovery, recycling, reclamation, destruction of ozone depleting substances, and products and equipment containing these substances shall be provided through the relevant registers.

The registration form, communication, notification and reporting for these data shall be approved by the Minister responsible for the environment.

Starting from 31 March 2019, and every subsequent year, any undertaking or operator which produces, imports, exports, markets, uses, regenerates, recycles, recovers, destroys controlled substances or products and equipment containing such substances, must report officially to the Ministry responsible for environment as well as to the NOU the data specified in Annex 9, attached to these rules.

Registers shall be hold also by:
1. natural or legal persons that import, export, use or process, controlled substances;
2. The General Directorate of Customs, on the quantities and types of controlled substances imported and / or exported.

TRAINING AND CERTIFICATION

The minimum requirements for training programs, training certificate, theoretical and practical testing, assessment and certification process, for natural persons and undertakings of controlled substances, shall be carried out in accordance with the rules envisaged by the legislation in force for greenhouse gases.
Natural persons and undertakings of controlled substances are subject to the certification process if they perform:

a) installation, maintenance or servicing, repair or disposal of products and equipment containing controlled substances;
b) control of leakages of products and equipment containing controlled substances;
c) the recovery of controlled substances of products and equipment containing controlled substances.

XIII. SANCTIONS

Any violations of these rules, when they do not constitute criminal offense, constitute an administrative contravention and are punishable under letter “b” of paragraph 1 of Article 69 of Law no. 10431, dated 9.6.2011, “On Environmental Protection”, as amended.

ANNEX 1

LIST OF CONTROLLED SUBSTANCES

OZONE DEPLETING SUBSTANCES	CHEMICAL FORMULA	SYMBOL	OZONE DEPLETING POTENTIAL	CODE CN
Annex A, Group I;Chlorofluorocarbons
Trichlorofluoromethane	CFCl3	CFC – 11	1.0	2903 77 60
Dichlorodifluromethane	CF2Cl2	CFC – 12	1.0
Trichlorotrifluoroethane	C2F3Cl3	CFC – 113	0.8
Dichlorotetrafluoroethane	C2F4Cl2	CFC – 114	1.0
Chloropentafluoroethane	C2F5Cl	CFC – 115	0,6
Annex A, Group II; Halons
Bromochlorodifluoromethane	CF2BrCl	Halon-1211	3.0	2903.76.10
Bromotrifluoromethane	CF3Br	Halon-1301	10.0	2903.76.20
Dibromotetrafluoroethane	C2F4Br2	Halon-2402	6.0	2903.76.90
Annex B, Group I; Other fully halogenated Chlorofluorocarbons
Chlorotrifluoromethane	CF3Cl	CFC – 13	1.0	2903.77
Pentachlorofluoroethane	C2FCl5	CFC – 111	1.0
Tetrachlordifluoroethane	C2F2Cl4	CFC – 112	1.0
Heptachlorofluoropropane	C3FCl7	CFC – 211	1.0
Hexachlorodifluoropropane	C3F2Cl6	CFC – 212	1.0
Pentachlorotrifluropropane	C3F3Cl5	CFC – 213	1.0
Tetrachlorotetrafluoropropane	C3F4Cl4	CFC – 214	1.0
Pentachloropentafluoropropani	C3F5Cl5	CFC – 215	1.0
Dichlorohexafluoropropane	C3F6Cl2	CFC – 216	1.0
Chloroheptafluoropropane	C3F7Cl	CFC – 217	1.0
Annex B, Group II;Carbon Tetrachloride
Carbon Tetrachloride	CCl4	Tetrakloruri i karbonit	1.1	2903.14.00
Annex B, Group II;Trichloroethane – 1,1,1
Trichloroethane – 1,1,1	C2H3Cl3	Trikloretani – 1,1,1(metilkloroformi)	0.1	2903 19 00
Annex C, Group I;Not halogenated Hydrochlorofluorocarbons
Dichlorofluoromethane	CHFCl 2	HCFC – 21	0.04	2903.79
Chlorodifluromethane	CHF2Cl	HCFC – 22	0.055	2903.71
Chlorofluoromethane	CH2FCl	HCFC – 31	0.02	2903.79
Tetrachlorodifluoroethane	C2HFCl4	HCFC – 121	0,040	2903.79
Trichlorodifluoroethane	C2HF2Cl3	HCFC – 122	0,055	2903.79
Dichlorotrifluoroethane	C2HF3Cl2	HCFC – 123	0,020	2903.72
Chlorotetrafluoroethane	C2HF4Cl	HCFC – 124	0,040	2903.79
Trichlorofluoroethane	C2H2FCl3	HCFC – 131	0,080	2903.79
Dichlorodifluoroethane	C2H2F2Cl2	HCFC – 132	0,020	2903.79
Chlorotrifluoroethane	C2H2F3Cl	HCFC – 133	0,022	2903.79
Dichlorofluoroethane	C2H3FCl2	HCFC – 141	0,050	2903.73
Dichlorofluoroethane	CH3FCl2	HCFC – 141b	0,050	2903.73
Chlorodifluoroethane	C2H3F2Cl	HCFC – 142	0,060	2903.74
Chlorodifluoroethane	CH3F2Cl	HCFC – 142b	0,070	2903.74
Chlorofluoroethane	C2H4FCl	HCFC – 151	0,110	2903.79
Hexachlorofluoropropane	C3HFCl6	HCFC – 221	0,070	2903.79
Pentachlorodifluoropropane	C3HF2Cl5	HCFC – 222	0,065	2903.79
Tetrachlorotrifluoropropane	C3HF3Cl4	HCFC – 223	0,005	2903.79
Trichlorotetrafluoropropane	C3HF4Cl3	HCFC – 224	0,070	2903.79
Dichloropentafluoropropane	C3HF5Cl2	HCFC – 225	0,090	2903.75
1,1-dichloro-2,2,3,3,3-pentafluoropropani	CF3CF2CHCl2	HCFC – 225ca	0,080	2903.75
1,3-dichloro-1,2,2,3,3-pentafluoropropani	CF2ClCF2CHClF	HCFC – 225cb	0,090	2903.75
Chlorohhexafluoropropani	C3HF6Cl	HCFC – 226	0,070	2903.79
Pentachlorofluoropropane	C3H2FCl5	HCFC – 231	0,025
Tetrachlorodifluoropropane	C3H2F2Cl4	HCFC – 232	0,033
Trichlorotrifluoropropane	C3H2F3Cl3	HCFC – 233	0,100
Dichlorotetrafluoropropane	C3H2F4Cl2	HCFC – 234	0,090
Chloropentafluoropropane	C3H2F5Cl	HCFC – 235	0,100
Tetrachlorofluoropropane	C3H3FCl4	HCFC – 241	0,230
Trichlorodifluoropropane	C3H3F2Cl3	HCFC – 242	0,280
Dichlorotrifluoropropane	C3H3F3Cl2	HCFC – 243	0,520
Chlorotetrafluoropropane	C3H3F4Cl	HCFC – 244	0,090
Trichlorofluoropropane	C3H4FCl3	HCFC – 251	0,130
Dichlorodifluoropropane	C3H4F2Cl2	HCFC – 252	0,120
Chlorotrifluropropane	C3H4F3Cl	HCFC – 253	0,140
Dichlorofluoropropane	C3H4F2Cl2	HCFC – 261	0,010
Chlorodifluoropropane	C3H4F3Cl	HCFC – 262	0,040
Chlorofluoropropane	C3H5FCl	HCFC – 271	0,030
Annex C, Group II;Hydrobromofluorocarbons
Dibromofluoromethane	CHFBr2	HBFC-21 B2	1,00	2903.79
Bromodifluoromethane	CHF2Br	HBFC-22 B1	0,74
Bromofluoromethane	CH2FBr	HBFC-31 B1	0,73
Tetrabromofluoroethane	C2HFBr4	HBFC-121 B4	0,8
Tribromodifluoroethane	C2HF2Br3	HBFC-122 B3	1,8
Dibromotrifluoroethane	C2HF3Br2	HBFC-123 B2	1,6
Bromotetrafluoroethane	C2HF4Br	HBFC-124 B1	1,2
Tribromofluoroethane	C2H2FBr3	HBFC-131 B3	1,1
Dibromodifluoroethane	C2H2F2Br2	HBFC-132 B2	1,5
Bromotrifluoroethane	C2H2F3Br	HBFC-133 B1	1,6
Tribromofluoropropani	C2H3FBr2	HBFC-141 B2	1,7
Bromodifluoroethani	C2H3F2Br	HBFC-142 B1	1,1
Bromofluoroethani	C2H4FBr	HBFC-151 B1	0,1
Hexazabromofluoropropani	C3HFBr6	HBFC-221 B6	1,5
Pentabromodifluoropropani	C3HF2Br5	HBFC-222 B5	1,9
Tetrabromotrifluoropropani	C3HF3Br4	HBFC-223 B4	1,8
Tribromotetrafluoripropani	C3HF4Br3	HBFC-224 B3	2,2
Dibromopentafluoropropani	C3HF5Br2	HBFC-225 B2	2,0
Bromohexafluoropropani	C3HF6Br	HBFC-226 B1	3,3
Pentabromofluoripropani	C3H2FBr5	HBFC-231 B5	1,9
Tribromotrifluoripropani	C3H2F2Br4	HBFC-232 B4	2,1
Dibromotetrafluoripropani	C3H2F3Br3	HBFC-233 B3	5,6
Bromopentafluoropropani	C3H2F4Br2	HBFC-234 B2	7,5
Tetrabromofluoropropani	C3H2F5Br	HBFC-235 B1	1,4
Tribromodifluoropropani	C3H3FBr4	HBFC-241 B4	1,9
Dibromotrifluoropropani	C3H3F2Br3	HBFC-242 B3	3,1
Bromotetrafluoropropani	C3H3F3Br2	HBFC-243 B2	2,5
Tribromofluoropropani	C3H3F4Br	HBFC-244 B1	4,4
Dibromodifluoropropani	C3H4FBr3	HBFC-251 B1	0,3
Bromotrifluoropropani	C3H4F2Br2	HBFC-252 B2	1,0
Dibromofluoropropani	C3H4F3Br	HBFC-253 B1	0,8
Bromodifluoropropani	C3H5FBr2	HBFC-261 B2	0,4
Bromofluoropropani	C3H5F2Br	HBFC-262 B1	0,8
Annex C, Group III
Bromochloromethane	CH2BrCl	BCM	0,12	2903.79
Annex E, Group I;Methyl Bromide
Methyl Bromide	CH3Br		0.6	2903.39.11

Mixtures	Nomenclature Code (NC)	Type of Mixture
	3824.71.00	Mixtures containing chlorofluorocarbons (CFCs), whether or not containing hydrochlorofluorocarbons (HCFCs), perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs)Annex A, Group I)
	3824.72.00	Mixtures containing bromochlorodifluoromethane, bromotrifluoromethane or dibromotetrafluoroethanes
	3824.73.00	Mixtures containing hydrobromofluorocarbons (HBFCs) Annex C, group II)
	3824.74.00	Mixtures containing hydrochlorofluorocarbons (HCFCs), whether or not containing perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs), but not containing chlorofluorocarbons (CFCs)
	3824.75.00	Mixtures containing carbon tetrachloride
	3824.76.00	Mixtures containing 1,1,1-trichloroethane (methyl chloroform)
	3824.77.00 3824.76.00	Mixtures containing bromomethane (methyl bromide) or bromochloromethane Mixtures containing 1,1,1-trichloroethane (methyl chloroform)

ANNEX II

NEW SUBSTANCES

Substances		Ozone Depleting Potential (ODP)
CBr₂ F₂	Dibromodifluoromethane (halon-1202)	1,25
C₃ H₇ Br	1-Bromopropane (n-propyl bromide)	0,02 – 0,10
C₂ H₅ Br	Bromoethane (ethyl bromide)	0,1 – 0,2
CF₃ I	Trifluoroiodomethane (trifluoromethyl iodide)	0,01 – 0,02
CH₃ Cl	Chloromethane (methyl chloride)	0,02

ANNEX 3

PRODUCTS AND EQUIPMENT CONTAINING CONTROLED SUBSTANCES

– Inorganic chemicals; organic chemicals; organic or inorganic compounds of precious metals, or rare earth metals, of radioactive elements or isotopes

2845 90 10

2845 90 90 90

– Pharmaceutical products

3004 32 00C

3004 90 00

– Conveyors or dyestuffs and their derivatives; dyes, pigments and other dyestuffs; paints and varnishes, putty and other mastics; paints

3208

3209

3210

3212 90 00

– Soap, surface organic agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, lustrous cleaning preparations, candles and similar articles, modeling pastes, dental waxes and dental preparations with plaster base

3403 11 00

3403 91 00

– Different chemical products

3808 91 90

3808 99 10

3808 99 90

3813 00 00

3814 00 90

3822 00 00

3824 71 00

3824 72 00

3824 73 00

3824 74 00

3824 75 00

3824 76 00

3824 77 00

3824 99 70

3825 10 00

3825 41 00

– Plastic

3921 11 00

3921 12 00

3921 13 10

3921 13 90

3921 14 00

3921 19 00

– Nuclear reactors, boilers, machinery and mechanical equipment

8415

8418

8419 60 00

8424 10 00

8424 90

8451 10 00

8476 21 00

8476 81 00

8476 90

8477 80 11

8477 80 19

– railway locomotives or trams, moving vehicles and parts thereof; railway track or tramway installations and parts thereof; mechanical (including electromechanical) signaling equipment of all types of traffic

8601

8602

8603

8604

8605

8606

8607

8609 00 90

– Other vehicles, other than railway rolling stock or trams, and parts and accessories thereof

8701

8702

8703

8704

8705

8708

8709

8710 00 00

8716

– Jets and their parts

8802

– Ship or floating structure

8901

8902

8903 91

8903 92

8904

8905

8904 10 00

– Complete industrial plants

9880 xx 00

ANNEX 4

ANNUAL CHECKS OF HCFC CONSUMPTION, ALSO IF CONTAINED IN MIXTURE

Year	2015	2016	2017	2018	2019	2020	2021	2022	2023	2024	2025	2030	2040
Quantity of HCFC consumed Mt / year *	98	98	98	98	98	70.8	60	55	50	45	27	23.8	0
Quantity of phased down of imported HCFCsMt / year	0	0	0	0	0	27.2	10.8	5	5	5	18	3.2	27.2

* In the annual consumption quota are calculated the imported amounts of HCFCs, not only HCFC-22, but also other HCFCs and mixtures containing HCFCs. For the period 2015-2019 the same quota of 98 metric tons per year will apply. For the period 2025-2030 the quota will decrease by 2% per year to 23.8 tons quota. After 2030 it is predicted for the elimination of HCFCs, allowing import an annual average of 2.5% for Services for the period 2031-2039.

ANNEX V

ESSENTIAL LABORATORY AND ANALYTICAL USES OF CONTROLLED SUBSTANCES

The following uses of controlled substances other than hydrochlorofluorocarbons are considered as essential laboratory and analytical uses:

the use of controlled substances as a reference or standard:
- to calibrate equipment which uses controlled substances,

— to monitor emission levels of controlled substances,

— to determine residue levels of controlled substances in goods, plants and commodities;

(b) the use of controlled substances in laboratory toxicological studies;

(c) laboratory uses in which the controlled substance is transformed in a chemical reaction like controlled substances used as feedstock;

(d) the use of methyl bromide inside a laboratory to compare the efficacy of methyl bromide and its alternatives;

(e) the use of carbon tetrachloride as a solvent for bromination reactions involving N-bromosuccineimide;

(f) the use of carbon tetrachloride as chain transfer agent in free-radical polymerisation reactions;

(g) any other laboratory and analytical use for which a technically and economically feasible alternative is not available.

The following uses of all controlled substances other than hydrochlorofluorocarbons are not considered as essential laboratory and analytical uses:

(a) refrigeration and air-conditioning equipment used in laboratories, including refrigerated laboratory equipment such as ultra-centrifuges;

(b) cleaning, reworking, repair, or rebuilding of electronic components or assemblies;

(d) sterilisation of materials in a laboratory;

(e) any use in primary or secondary education;

(f) as components in experimental chemistry kits available to the general public and not intended for use in higher education;

(g) for cleaning or drying purposes, including the removal of grease from glassware and other equipment;

(h) for the determination of hydrocarbons, oils and greases in water, soil, air or waste;

(i) testing of tar in road paving materials;

(j) forensic finger-printing;

(k) testing of organic matter in coal;

(l) as a solvent in the determination of cyanocobalamin (Vitamin B12) and bromine index;

(m) in methods that use the selective solubility in the controlled substance, including the determination of cascarosides, thyroid extracts, and the formation of picrates;

(n) to preconcentrate analytes in chromatographic methods (e.g. high performance liquid chromatography (HPLC), gas chromatography (GC) adsorption chromatography), atomic absorption spectroscopy (AAS), inductively coupled plasma spectroscopy (ICP), X-ray fluorescence analysis;

(o) for the determination of iodine index in fats and oils;

(p) any other laboratory and analytical use for which a technically and economically feasible alternative is available.

ANNEX VI

CRITICAL USES OF HALON

For the purposes of this Annex, the following definitions shall apply:

A “normally occupied” space means a protected space in which it is necessary for persons to be present most or all of the time in order for the equipment or facility to function effectively. For military applications, the occupancy status of the protected space would be that applicable during a combat situation.

A “normally unoccupied” space means a protected space that is occupied for limited periods only, in particular for undertaking maintenance, and where the continual presence of persons is not necessary for the effective functioning of the equipment or facility

Category of equipment or facility	Purpose	Type of Halon
1. On military ground vehicles	1.1 For the protection of engine compartments	13011211 2402
	1.2 For the protection of crew compartments – fixed systems	13012402
	1.3 For the protection of crew compartments – portable extinguisher	13011211
2. On military surface ships	2.1 For the protection of normally occupied machinery spaces	13012402
	2.2 For the protection of normally unoccupied engine spaces	13011211 2402
	2.3 For the protection of normally unoccupied electrical compartments	13011211
	2.4 For the protection of command centres	1301
	2.5 For the protection of fuel pump rooms	1301
	2.6 For the protection of flammable liquid storage compartments	13011211 2402
	2.7 For the protection of aircraft in hangars and maintenance areas	13011211
3. On military submarines	3.1 For the protection of machinery spaces	1301
	3.2 For the protection of command centres	1301
	3.3 For the protection of diesel generator spaces	1301
	3.4 For the protection of electrical compartments	1301
4. On aircraft	4.1 For the protection of normally unoccupied cargo compartments	13011211 2402
	4.2 For the protection of cabins and crew compartments	12112402
	4.3 For the protection of engine nacelles and auxiliary power units	13011211 2402
	4.4 For the inerting of fuel tanks	13012402
	4.5 For the protection of lavatory waste receptacles	13011211 2402
	4.6 For the protection of dry bays	13011211 2402
5. In oil, gas and petrochemicals facilities	5.1 For the protection of spaces where flammable liquid or gas could be released	13012402
6. On commercial cargo ships	6.1 For the inerting of normally occupied spaces where flammable liquid or gas could be released	13012402
7. In land-based command and communications facilities essential to national security	7.1 For the protection of normally occupied spaces – fixed system	13012402
	7.2 For the protection of normally occupied spaces – portable extinguisher	1211
	7.3 For the protection of normally unoccupied spaces	13012402
8. At airfields and airports	8.1 For crash rescue vehicles	1211
8. At airfields and airports	8.2 For the protection of aircraft in hangars and maintenance areas	1211
9. Other	9.1 For initial extinguishing by fire brigades where essential to personal safety	1211
9. Other	9.2 For the protection of persons by military and police personnel	1211

ANNEX VII

APPROVED TECHNOLOGIES FOR DESTRUCTION OF CONTROLLED SUBSTANCES

Technology	Controlled Substances[2]		Diluted Sources[3]
	CS in Group I, II, IV, V dhe VII	Halones in Group 3	Foams
Destruction and removal efficiency	*99,99 %*	*99,99%*	*95 %*
Cement kilns	Approved (5)	Not Approved	Not applicable
Liquid injection incineration	Approved	Approved	Not applicable
Gaseous/fume oxidation	Approved	Approved	Not applicable
Municipal solid waste incineration	Not applicable	Not applicable	Approved
Reactor cracking	Approved	Not Approved	Not applicable
Rotary kiln incineration	Approved	Approved	Approved
Argon plasma arc	Approved	Approved	Not applicable
Inductively coupled radio frequency plasma	Approved	Approved	Not applicable
Microwave plasma	Approved	Not Approved	Not applicable
Nitrogen plasma arc	Approved	Not Approved	Not applicable
Gas phase catalytic dehalogenation	Approved	Not Approved	Not applicable
Superheated steam reactor	Approved	Not Approved	Not applicable

ANNEX 8

FORM INFORMATION NOTES FOR ODS IMPORT

Name and details of the licensed undertaking:
License Number:
Nr. phone:
Name and tariff code for the ozone substance to be imported:
Name and tariff code for the product containing or using the ozone depleting substances to be imported:
Chemical formulas for the ozone depleting substances to be imported or contained in the product to be imported:
Quantity in kilograms of the ozone depleting substances substance to be imported:
Quantity in kilograms of the ozone depleting substances substance contained in the unit of the product to be imported:
The name of the company from which will be purchased the ozone depleting substances and its data:
Address (state, city, street, number, etc.):
Land line /Mobile:
Fax:
The purpose of using the ozone depleting substances substance:
Date of notice:

Authorized Person Name Surname

(signature)

ANNEX 9

DATA TO BEREPORTED IN ACCORDANCE WITH CHAPTER XI

Any producer referred to in Chapter XI shall report to:

(a) the total quantity of each substance listed in appendices 1 and 2 which it has produced in the Republic of Albania, identifying the main categories of use in which the substance is used;

(b) the quantity of each substance listed in the Annexes and, where applicable, in Annex 1, where applicable in Annex 2 which it has placed on the market of the Republic of Albania, specifying separately the quantities placed on the market for uses feedstock, direct exports, producing measurable doses of inhalers for the delivery of pharmaceutical ingredients, use in military equipment, and use in the semiconductor engraving or chemical steam cleaning within the semiconductor manufacturing sector;

c) the quantities of any substance listed in the appendices which are recycled, reclaimed and destroyed, respectively;

ç) any reserves held at the beginning and end of the reporting period.

Any importer referred to in Chapter X shall report to:

(a) the quantity of each substance listed in Annex 1 and, where applicable in Annex 2, imported into the Republic of Albania, the identification of the main categories of use in which the substance is used by specifying separately the quantities placed on the market for destruction, to feedstock direct exports, producing measurable doses of inhalers for dispensing pharmaceutical ingredients, use in military equipment, and use in the semiconductor engraving or chemical steam cleaning within the semiconductor manufacturing sector;

b) the quantities of each substance listed in appendices 1 and 2, which are recycled, reclaimed and destroyed respectively;
c) any reserves held at the beginning and end of the reporting period.
Each exporter, referred to in Chapter XII, shall report to:

(a) the quantities of any substance listed in appendices 1 and 2, which have been exported from the Republic of Albania, other than recycling, recovery or destruction;

(b) any quantity of any substance listed in appendices 1 and 2 which has been exported from the Republic of Albania to be recycled, reclaimed and destroyed, respectively.

Each undertaking referred to in Chapter XII shall report to:

(a) the quantities of each substance listed in annexes 1 and 2 destroyed, including the quantity of those substances contained in the products or equipment;

b) any reservation of any substance listed in Appendices 1 and 2, pending destruction; including the quantity of those substances contained in products or equipment;
c) technologies used for the destruction of the substances listed in appendices 1 and 2.
Each undertaking referred to in Chapter XI shall report on the quantities of each substance listed in Annex 1, used as feedstock:
Any undertaking referred to in Chapter XI shall report to:
a) the category of products or equipment containing substances listed in appendices 1 and 2;
b) the number of units;
any quantity of any substance listed in appendices 1 and 2 contained in the products or equipment.

[1] This decision approximates:

[2] Controlled substances not listed below shall be destroyed by the most environmentally acceptable destruction technology not entailing excessive costs. Substances in this category refer to virgin, recovered and reclaimed ozone-depleting substances.

[3] Dilute sources refer to ozone-depleting substances contained in a matrix of solid, for example foam.

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