ENVIRONMENT PROTECTION (CONTROL OF SUBSTANCES DEPLETING THE OZONE LAYER) [ S.L.549.06 SUBSIDIARY LEGISLATION 549.06 ENVIRONMENT PROTECTION (CONTROL OF SUBSTANCES DEPLETING THE OZONE LAYER) REGULATIONS 29th September, 1995; 30th December, 1995 LEGAL NOTICE 133 of 1995. 1. The title of these regulations is the Environment Protection (Control of Substances Depleting the Ozone Layer) Regulations. Citation. 2.
(1)It is hereby indicated that in terms of the Environment Protection Act, the controlled substance contained in Schedules A, B, C and D are potentially toxic substances. List of potential toxic substances. Cap. 549.
(2)For the purposes of these regulations, "controlled substances" means any substance whether existing alone or in a mixture and it includes the isomers of any such substance, except as specified in the relevant Schedule, but excludes any controlled substance or mixture which is in a manufactured product other than a container used for the transportation or storage of that substance.
(3)For the purposes of these regulations, "Director" means the official responsible for the Department for the Protection of the Environment as referred to in the Environment Protection Act. Cap. 549.
(4)For the purposes of these regulations, "Department" means the Department for the Protection of the Environment.
- These regulations are intended to control the importation, exportation, use, carriage, storage, destruction or disposal of controlled substances which are considered to be potentially toxic in order to limit and phase out these substances in accordance with Malta’s international obligations. Scope.
- No person may import, export, use, carry, store, destroy or dispose of any controlled substance unless such person has the prior approval given in writing by the Minister responsible for the environment to act in any such manner. Handling of controlled substances. 5.
(1)Prior to the importation of a controlled substance, the importer shall request and obtain permission from the Department. Importation of controlled substances.
(2)The following information on the controlled substances shall be required: (
- a)the country of origin; (
- b)the brand name and trade mark, if any; (
- c)the correct chemical name; (
- d)the internationally recognized chemical formula; (
- e)the net weight in kilogrammes and/or metric tonnes; and (
- f)the name of the manufacturer and his address: 1 2 [ S.L.549.06 ENVIRONMENT PROTECTION (CONTROL OF SUBSTANCES DEPLETING THE OZONE LAYER) Provided that if the controlled substances form a mixture, then each substance should be identified with its chemical name and formula, and the weight of each controlled substance making up the mixture should be stated.
(3)The final destination of the controlled substances shall also be given by stating the name and address of the user, together with the weight of each controlled substance involved. If the final destination is not known at the time of application for permission, the address of the place where the controlled substance shall be stored or kept is to be provided.
(4)The end use of the listed controlled substances, such as refrigeration, flexible and rigid foams, electronics, and fire fighting (aviation), besides other end uses, shall also be stated.
(5)The importation of the controlled substances shall not be allowed unless all the information required in terms of this regulation has been given to the Department. Departmental controls. 6.
(1)No controlled substance will be released by Customs unless a request for such release is accompanied by the approval in writing given by the Department. No controlled substance is to be released out of the place of temporary storage without the prior written approval of the Department.
(2)The place of storage, or of temporary storage, or keeping of controlled substances is to be open for inspection by the Department. The Director may also specify which records are to be kept with respect to the stocks of controlled substances at a place of storage or of temporary storage. Importer’s liability under other laws.
- The approval in writing given by the Department shall not release the importer from any other obligations required of him under any other law in force at the time. Applicability of these regulations also to Government departments etc.
- These regulations shall also be applicable to other Government departments, State or parastatal organisations, industries and corporations even if such controlled substances are directly imported by them. ENVIRONMENT PROTECTION (CONTROL OF SUBSTANCES DEPLETING THE OZONE LAYER) SCHEDULE A CONTROLLED SUBSTANCES Group Group I CFC1 3 CF2C1 2 C 2F 3C1 3 C 2F 4C1 2 C 2F 5C1 Substance (CFC-11) (CFC-12) (CFC-113) (CFC-114) (CFC-115) Group II CF2BrC1 CF 3Br C 2F 4Br 2 (halon-1211) (halon-1301) (halon-2402) SCHEDULE B CONTROLLED SUBSTANCES Group Group I CF 3C1 C 2FC1 5 C 2F 2C1 4 C 3FC1 7 C 3F 2C1 6 C 3F 3C1 5 C 3F 4C1 4 C 3F 5C1 3 C 3F 6C1 2 C 3F 7C1 (CFC-13) (CFC-111) (CFC-112) (CFC-211) (CFC-212) (CFC-213) (CFC-214) (CFC-215) (CFC-216) (CFC-217) Group II CC1 4 carbon tetrachloride Group III C 2H 3C1 3* Substance 1,1,1-trichloroethane (methyl chloroform) * This formula does not refer to 1,1,2-trichloroethane. [ S.L.549.06 3 4 [ S.L.549.06 ENVIRONMENT PROTECTION (CONTROL OF SUBSTANCES DEPLETING THE OZONE LAYER) SCHEDULE C CONTROLLED SUBSTANCES Group I CHFC1 2 CHF 2C1 CH 2FC1 C 2HFC1 4 C 2HF 2C1 3 C 2HF 3C1 2 CHC1 2CF 3 C 2HF4C1 CHFC1CF 3 C 2H 2FC1 3 C 2H 2F2C1 2 C 2H 2F3C1 C 2H 3FC1 2 CH 3CFC1 2 C 2H 3F2C1 CH 3CF2C1 C 2H 4FC1 C 3HFC1 6 C 3HF 2C1 5 C 3HF 3C1 4 C 3HF 4C1 3 C 3HF 5C1 2 CF 3CF2CHC1 2 CF2C1CF 2CHC1F C 3HF6C1 C 3H 2FC1 5 C 3H 2F2C1 4 C 3H 2F3C1 3 C 3H 2F4C1 2 C 3H 2F5C1 C 3H 3FC1 4 C 3H 3F2C1 3 C 3H 3F3C1 2 C 3H 3F4C1 C 3H 4FC1 3 C 3H 4F2C1 2 C 3H 4F3C1 C 3H 5FC1 2 C 3H 5F2C1 (HCFC-21)** (HCFC-22)** (HCFC-31) (HCFC-121) (HCFC-122) (HCFC-123) (HCFC-123)** (HCFC-124) (HCFC-124)** (HCFC-131) (HCFC-132) (HCFC-133) (HCFC-141) (HCFC-141b)** (HCFC-142) (HCFC-142b)** (HCFC-151) (HCFC-221) (HCFC-222) (HCFC-223) (HCFC-224) (HCFC-225) (HCFC-225ca)** (HCFC-225cb)** (HCFC-226) (HCFC-231) (HCFC-232) (HCFC-233) (HCFC-234) (HCFC-235) (HCFC-241) (HCFC-242) (HCFC-243) (HCFC-244) (HCFC-251) (HCFC-252) (HCFC-253) (HCFC-261) (HCFC-262) ENVIRONMENT PROTECTION (CONTROL OF SUBSTANCES DEPLETING THE OZONE LAYER) C 3H 6FC1 (HCFC-271) ** Identifies the most commercially viable substances. Group II CHFBr 2 CHF 2Br CH 2FBr C 2HFBr 4 C 2HF 2Br3 C 2HF 3Br2 C 2HF4Br C 2H 2FBr3 C 2H 2F2Br 2 C 2H 2F 3Br C 2H 3FBr2 C 2H 3F 2Br C 2H 4FBr C 3HFBr 6 C 3HF 2Br5 C 3HF 3Br4 C 3HF 4Br3 C 3HF 5Br2 C 3HF6Br C 3H 2FBr5 C 3H 2F2Br 4 C 3H 2F3Br 3 C 3H 2F4Br 2 C 3H 2F 5Br C 3H 3FBr4 C 3H 3F2Br 3 C 3H 3F3Br 2 C 3H 3F 4Br C 3H 4FBr3 C 3H 4F2Br 2 C 3H 4F 3Br C 3H 5FBr2 C 3H 5F 2Br C 3H 6FBr (HBFC-22B1) [ S.L.549.06 5 6 [ S.L.549.06 ENVIRONMENT PROTECTION (CONTROL OF SUBSTANCES DEPLETING THE OZONE LAYER) SCHEDULE D CONTROLLED SUBSTANCES Group CH 3Br Substance Methyl Bromide.