ENVIRONMENT PROTECTION (CONTROL OF SUBSTANCES DEPLETING THE OZONE LAYER) REGULATIONS

ENVIRONMENT PROTECTION (CONTROL

OF SUBSTANCES DEPLETING THE OZONE LAYER)

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.

The title of these regulations is the Environment Protection

(Control of Substances Depleting the Ozone Layer) Regulations.

CONTROLLED SUBSTANCES

Group

Substance

Group I

CFC1 3

(CFC-11)

CF 2 C1 2

(CFC-12)

(CFC-113)

(CFC-114)

C 2 F 5 C1

(CFC-115)

Group II

CF 2 BrC1

(halon-1211)

CF 3 Br

(halon-1301)

C 2 F 4 Br 2

(halon-2402)

(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.

(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.

(4) For the purposes of these regulations, "Department" means

the Department for the Protection of the Environment.

CONTROLLED SUBSTANCES

Group

Substance

Group I

CF 3 C1

(CFC-13)

C 2 FC1 5

(CFC-111)

(CFC-112)

C 3 FC1 7

(CFC-211)

(CFC-212)

(CFC-213)

(CFC-214)

(CFC-215)

(CFC-216)

C 3 F 7 C1

(CFC-217)

Group II

CC1 4

carbon tetrachloride

Group III

1,1,1-trichloroethane

(methyl chloroform)

* This formula does not refer to 1,1,2-trichloroethane.

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.

CONTROLLED SUBSTANCES

Group I

CHFC1 2

(HCFC-21)**

CHF 2 C1

(HCFC-22)**

CH 2 FC1

(HCFC-31)

C 2 HFC1 4

(HCFC-121)

C 2 HF 2 C1 3

(HCFC-122)

C 2 HF 3 C1 2

(HCFC-123)

CHC1 2 CF 3

(HCFC-123)**

C 2 HF 4 C1

(HCFC-124)

CHFC1CF 3

(HCFC-124)**

C 2 H 2 FC1 3

(HCFC-131)

(HCFC-132)

(HCFC-133)

C 2 H 3 FC1 2

(HCFC-141)

CH 3 CFC1 2

(HCFC-141b)**

(HCFC-142)

CH 3 CF 2 C1

(HCFC-142b)**

C 2 H 4 FC1

(HCFC-151)

C 3 HFC1 6

(HCFC-221)

C 3 HF 2 C1 5

(HCFC-222)

C 3 HF 3 C1 4

(HCFC-223)

C 3 HF 4 C1 3

(HCFC-224)

C 3 HF 5 C1 2

(HCFC-225)

CF 3 CF 2 CHC1 2

(HCFC-225ca)**

CF 2 C1CF 2 CHC1F

(HCFC-225cb)**

C 3 HF 6 C1

(HCFC-226)

C 3 H 2 FC1 5

(HCFC-231)

(HCFC-232)

(HCFC-233)

(HCFC-234)

(HCFC-235)

C 3 H 3 FC1 4

(HCFC-241)

(HCFC-242)

(HCFC-243)

(HCFC-244)

C 3 H 4 FC1 3

(HCFC-251)

(HCFC-252)

(HCFC-253)

C 3 H 5 FC1 2

(HCFC-261)

(HCFC-262)

C 3 H 6 FC1

(HCFC-271)

** Identifies the most commercially viable substances.

Group II

CHFBr 2

CHF 2 Br

(HBFC-22B1)

CH 2 FBr

C 2 HFBr 4

C 2 HF 2 Br 3

C 2 HF 3 Br 2

C 2 HF 4 Br

C 2 H 2 FBr 3

C 2 H 2 F 2 Br 2

C 2 H 2 F 3 Br

C 2 H 3 FBr 2

C 2 H 3 F 2 Br

C 2 H 4 FBr

C 3 HFBr 6

C 3 HF 2 Br 5

C 3 HF 3 Br 4

C 3 HF 4 Br 3

C 3 HF 5 Br 2

C 3 HF 6 Br

C 3 H 2 FBr 5

C 3 H 2 F 2 Br 4

C 3 H 2 F 3 Br 3

C 3 H 2 F 4 Br 2

C 3 H 2 F 5 Br

C 3 H 3 FBr 4

C 3 H 3 F 2 Br 3

C 3 H 3 F 3 Br 2

C 3 H 3 F 4 Br

C 3 H 4 FBr 3

C 3 H 4 F 2 Br 2

C 3 H 4 F 3 Br

C 3 H 5 FBr 2

C 3 H 5 F 2 Br

C 3 H 6 FBr

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.

CONTROLLED SUBSTANCES

Group

Substance

CH 3 Br

Methyl Bromide.

(1) Prior to the importation of a controlled substance, the

importer shall request and obtain permission from the Department.

(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

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.

(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.

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.

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.