Briefing on ODS legislation

Briefing on ODS legislation

Albania has ratified the Vienna Convention and the Montreal Protocol in October 1999 with the Law No. 8463, dated 03.10.1999.

Through the Law No.9484, dated 02.03.2006, the Albanian Parliament approved the London Amendment to the Montreal Protocol.

Through the Law No.9480, dated 16.02.2006, the Albanian Parliament approved the Copenhagen Amendment to the Montreal Protocol.

Through the Law No.9485, dated 06.03.2006, the Albanian Parliament approved the Montreal Amendment to the Montreal Protocol.

Through the Law No.9485 dated 06.03.2006, the Albanian Parliament approved the Beijing Amendment to the Montreal Protocol.

The approval of the Council of Ministers’ Decree No.453 dated 23.06.2005 on “Taking the measures for the removal of the Ozone Depleting Substances has fulfilled one of the main obligations of the Albanian Government toward the Montreal Protocol.

Among others it can be mentioned:

Appendix I of the Decree No. 453, dated 23.06.2005, the list of ODS substances.

Appendix 2 of the Decree No. 453, dated 23.06.2005, the list of products that contain or are produced with ODS substances.

Appendix 3 of the Decree No.453, dated 23.06.2005, the equipment that use ODS substances.

Appendix 4 of the Decree No.453, dated 23.06.2005, Annual ODS import quotas during years 2003-2010.

Appendix 5 of the Decree No. 453, dated 23.06.2005, Form of environmental permission and the Guide for the Form of environmental permission.

Instructions for Special Data to be submitted for Issuing Permit for Imported Exported are given in Appendix 5 of the Decree No. 453, dated 23.06.2005. the Form of environmental permission and the Guide for the Form of environmental permission according to the Decree No. 453, the Minister of Environment Forests and Water Administration issued the Instructions for conditions to be submitted for issuing Permit for Imported-Exported under Appendix 5.

Beside on the DCM 453, dated 23.06.2005 the most important issues are as follows:

  • To phase out the production and consumption of all controlled uses of all ODS (except HCFCs) in accordance with the annual consumption limits set out in the table of the Agreement between Albania and the Ex. Com.
  • The implementation of the import quota system of ODS, making their reduction until the import of ODS in 2009 to arrive zero as per the Agreement.
  • The implementation of a licensing system of the activities, which are related to ODS.
  • The implementation of monitoring system and the report regarding the activities related to ODS.

By this DCM in Albania are prohibited:

  • Production of Ozone depleting substances, products that contain substances listed in Annex A, B, and E of the Montreal Protocol;
  • Import and dumping in the market, the export and transit of products containing Ozone depleting substances and equipment that use substances listed in Annexes A, B, and E of the Montreal Protocol;
  • Use of Ozone depleting substances and products that containing these substances, which are used in agriculture as fumigants;

Control measures on HCFCs are not included in the above DCM.

The Guide No. I, dated 18.06.2007 “On control of import and export of ODS substances and the improvement of the Risk Profile for ODS Tariff Code”, signed by the General Director of the Customs Authority) gives more practical instruction on how to implement the Council of Ministers’ Decree No. 453, dated 23.06.2005.

The Practical Manual of the substances, equipment and products (ODS refrigerants) gives the instructions that are available for customs officers on how to operate at the border point.

Decision (No. 290, dated 04.25.2010) “For some changes and additions to the decision No. 453 dated 23.06.2005 of the Council of Ministers” sets out:

Annex I. List of Ozone Depleting Substances

Annex 2. Products that Contain Ozone Depleting Substances or are produced with them

Annex 3. Equipment’s that use the Ozone Depleting Substances

Annex 4. Annual Quotas for HCFC imports their mixtures

Annex 5. Application Form and Format of Environmental Permit for Import of Ozone Depleting Substances

Annex 6. Mixtures that Contain Ozone Depleting Substances and their Composition

Based on this decision in Albania are prohibited:

  • Production of Ozone Depleting Substances, products and mixtures that contain substances listed in Annex A, B, C and E of the Montreal Protocol;
  • Import, marketing, export and transit of products containing mixtures of Ozone Depleting Substances and equipment that use the substances listed in Annexes A, B ,C and E of the Montreal Protocol;
  • Release into the air of Ozone Depleting Substances listed in Annex A, B, C and E of the Montreal Protocol;
  • Import of Ozone Depleting Substances, their products, equipment that contains such substances, from a country that is not a party to the Montreal Protocol;
  • Using Ozone Depleting Substances and products that contain these substances, which are used in agriculture as fumigants;
  • Export of Ozone Depleting Substances and products that contain them and used equipment, to a country that is not a party to the Montreal Protocol;
  • Import of Ozone Depleting Substances recycled or reclaimed;
  • Import of Ozone Depleting Substances included in Annex C, group I is allowed only on the basis of annual quotas set out in their diagram, approved for

The importer of Ozone Depleting Substances has to provide labels, when importing them in Shipping labels containing the name, chemical composition, the customs code, the symbol of danger sign in accordance with ISO international classification, information on health risks and environmental and safety requirements for storage conditions. The labelling also covers the total amount of packaging material, date of manufacture and expiry.

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