Exemptions Allowed for the Consumption of ODS
Under the terms of the Montreal Protocol, it is acknowledged that by the date specified for ODS to be phased out, it is likely that alternatives will not be available for some important products, and consequently the signatory countries established a process through which certain "essential uses" of ODS will be exempt from the prohibitions imposed by the Protocol on producing and importing these substances.
The uses of ODS generally exempt from prohibitions include essential uses, use as raw materials and use as process agents. These are not included in the calculations of total ODS consumption for each country. It is also possible for a country to request permission to produce ODS in order to satisfy its basic domestic needs.
SOURCE: "MANUAL DE CAPACITACIÓN DE OFICIALES DE ADUANA," UNEP, Multilateral Fund for the Implementation of the Montreal Protocol, Environment Canada, Finland's Ministry of Foreign Relations, WCO, CTC.
Nevertheless, the use of ODS as process agents is not considered to be exempt from prohibition in Mexico. It is necessary to acquire a quota and a license for this use and the corresponding importing or exporting, and such use is calculated in the country's total consumption. The only exceptions to inclusion in the country's total consumption occur when ODS are used as raw materials and in the case of quarantine use of methyl bromide.
In the case of products that a company wishes to import and that contain or use an ODS to operate, including refrigeration equipment, air conditioners, water coolers, chillers, etc., these are not currently regulated by Mexican legislation. However, efforts are underway to develop a standard or agreement for regulating the importing of such equipment.
According to stipulations in the Montreal Protocol, developing countries or countries whose annual consumption of controlled substances (in Annex A) is less than 0.3 kg per capita on the date the Protocol entered into force (and this includes Mexico) will be able to defer compliance with the control measures for a period of ten years, in order to satisfy their basic domestic needs.
To this effect, the "Agreement through which the general public is informed of the schedule for reducing the consumption of and inventories of chlorofluorocarbons in Mexico," published on 26 March 2007, establishes that by the year 2010 the maximum limit of stored amounts of CFCs for covering basic domestic needs will be an inventory of 979 metric tons.
The consumption and use of ODS in Mexico during 2006 were as follows:
| Substance | Consumption in metric tons | Uses |
|---|---|---|
Chlorofluorocarbons: CFC-11, CFC-12, CFC-113, 114, 115 |
429.10 |
Refrigeration servicing and measured dose inhalers |
Halons: Halon 1211 |
17.2 |
Fire-fighting equipment |
Hydrochlorofluorocarbons: HCFC-22, HCFC-141b and HCFC-123 |
16,245.01 |
Foams, manufacturing and servicing of refrigeration equipment |
Methyl bromide |
1,442.83 |
Fumigation of soil and grain storage |
Methylchloroform |
0.02 |
Laboratory reactive |
SOURCE: Ozone Layer Protection Unit (Unidad de Protección a la Capa de Ozono), Semarnat.
The ODS currently consumed in Mexico are:
- CHLOROFLUOROCARBONS (CFCs) (Annex A, Group I)
CFC-11, CFC-12, CFC-113, CFC-114 and CFC-115 - HALONS (Annex A, Group II)
Halon 1211 (Bromochlorodifluoromethane) - HYDROCHLORO-FLUOROCARBONS (HCFCs) (Annex C, Group I)
HCFC-22, HCFC-141b and HCFC-123 - METHYL BROMIDE (Annex E, Group I)
- CARBON TETRACHLORIDE (Process agent)
SOURCE: Support material for customs course, "CONSUMO DE SUSTANCIAS AGOTADORAS DE LA CAPA DE OZONO EN MÉXICO," General Bureau of Air Quality Management (Dirección General de Gestión de la Calidad del Aire) and Registro de Emisiones y Transferencia de Contaminantes (RETC), Ozone Layer Protection Unit (Unidad de Protección a la Capa de Ozono), Semarnat, September 2005.
