The Legislative Council passed the Ozone Layer Protection (Products Containing Scheduled Substances) (Import Banning) (Amendment) Regulation on 2 December 2009. The Amendment Regulation extends the banning of the import of controlled products (including refrigeration and air-conditioning equipment, aerosol products such as metered dosed inhalers, insulation panel and pre-polymer) containing chlorofluorocarbons (CFCs) and halons to those containing other scheduled substances including hydrochlorofluorocarbons (HCFCs) by phases starting from 1 January 2010.
(i) 1 January 2010: to ban all products containing chlorodifluoromethane (HCFC-22) other than room air conditioners (with a rated cooling capacity not exceeding 7.5 kW as defined in Energy Efficiency (Labelling of Products) Ordinance) which will be banned on:
(a) 1 July 2010: all split type room air conditioners; and
(b) 1 July 2012: all single package (window) type room air conditioners;
(ii) 1 January 2015: to ban all products containing HCFCs, except dichlorotrifluoroethane (HCFC-123); and
(iii) 1 January 2020: to ban all products containing HCFCs.
The Amendment Regulation also bans the import of CFC-containing metered dosed inhalers and fire extinguishers containing HCFCs and bromochloromethane (BCM) from 1 January 2010.
For details of the regulation, please refer to the Legal Notice 244 of 2009 which was published in the Gazette on 4 December 2009.
Other References:
Press Release on 2 December 2009 : Speech by the Secretary for the Environment in Legislative Council
Press Release on 4 December 2009 : Enhanced Control on Ozone Depleting Substances (ODS)
2. Amendment to the Schedule to the Ozone Layer Protection Ordinance (Cap. 403)
According to the Legal Notice 114 of 2009 to the Gazette, the Schedule to the Ozone Layer Protection Ordinance (Cap. 403) will be amended with effect from 1 October 2009. The main changes are as follows:
(a) make clear that an ozone layer depleting substance listed in the Schedule includes the isomers of that substance, except as otherwise stated in the Schedule;
(b) add a new Part (Part 9) in respect of Bromochloromethane (BCM) in the Schedule, bringing this additional ozone layer depleting substance under the control of the Ordinance; and
(c) change the Chinese terms of certain ozone layer depleting substances to conform to the version used by the United Nations.
For details, please refer to the Legal Notice 114 of 2009.
3. Reduction of Hydrochlorofluorocarbons (HCFCs) Import Quota in 2010
According to the new HCFCs accelerated phase-out schedule of the Montreal Protocol decided in the Meeting of the Parties held in September 2007, the import quota for Hong Kong in 2010 needs to be reduced to 25% of the baseline level of 1989. We have notified in writing all registered companies under Ozone Layer Protection Ordinance the proposal on the revised quota allocation system. For details, please refer to the letter here.
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