1. Citation
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National Environment (Management of Ozone Depleting Substances and Products) Regulations
Current version · as at 23 November 2001
About this Act
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Full text of the Act
0 parts · 86 sections · 5 Schedules
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Uganda
National Environment (Management of Ozone Depleting Substances and Products) Regulations
Commenced on 23 November 2001
[This is the version of this document at 23 November 2001.]
2. Interpretation
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3. Object of Regulations
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4. Restrictions on trade
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5. Application for a licence
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6. Licence to import or export
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7. Register of licences
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8. Reporting procedures
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9. End-user declaration
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10. Duty to maintain records
I 1. Customs verification and laoeiing.
12. Public awareness and training
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13. Taxation
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14. Offences and penalties
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15. Power' ot Environmental In.-pector
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16. Delegation of powers and functions
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17. Appeais
SCHEDULES
First Schedule Controlled Products.
Second Schedule Controlled Substances and Prohibition Dates.
Third Schedule Form A Application for Licence to Import Controlled Substance/Product.
Form B Application for Licence to Export Controlled Substance/Product.
Form C Licence to Export Controlled Substance/Product.
Fourth Schedule Designated s- Ports of Entrv* and Exit.
Fifth Schedule Declaration by End-User ot Controlled Substance/Product.
Sixth Schedule Records to be Maintained For Controlled Substance/Product.
STATUTORY INSTRUMENTS. 2001 No. 63.
The National Environment (Management of Ozone Depleting Substances and Products) Regulations 2001. (Under section 108 of the National Environment Statute. 1995, Statute No. 4 of 1995).
In exercise of the powers conferred on the Minister responsible for the National Environment Statute, 1995 by section srawNo. IBS of the National Environment Statute. 1995. in consultation 4ot1995w ith rhe lead agencies and upon lhe recommendation of the Board and lhe Policv Committee on lhe Environment. thc>c Regulations made this 29th day of October, 2001.
1. These
Regulations may be cited as lhe National Citation Environment (Management of Ozone Depleting Substances and Products) Regulations 2001.
2. In these Regulations, unless the context otherwise inter
proration. requires- ''Authority*' means the National Environment Management Authority established under'section 5 of the Statute; "chlorofluoracarbon (CFC)" means a fully halogenated chlorofluoracarbon each molecule of which contains one, two or three carbon atoms; "control period" means the period beginning on January 1 in a given vear and ending on December 31 in the same year; "controlled product'' means a product that contains, is made with or is dependent on. or designed to contain a controlled substance and includes the products in the First Schedule;
controlled substance" means a substance specified in the Second Schedule, whether existing alone or in a mixture, and includes that substance when reclaimed, recycled or recovered unless otherwise indicated;
"end-user" means any person who purchases, receives or manages a controlled substance or product;
"Executive Director" means the Executive Director of the Authority appointed under section 13 of the Statute;
"licence" means a licence to import or export a controlled substance or product issued under regulation 6:
"mass media" means publicly exhibited posters, newspapers, radio, television or other electronic media used for public communication:
"Minister" means the Minister for the time being assigned responsibility for the National Environment Statute, 1995;
"Ozone" means the natural gas, 03 that is found in the stratosphere;
"Ozone Layer" means the layer of the atmosphenc zone above the plenary boundary as defined in the Vienna Convention for the Protection of the Ozone Layer;
"party" means a party to the Protocol, or any state not party to the Protocol if the state is determined, by a Meeting of the Parties, to be in full compliance with Article 2. 2A to 2E and 4 of the Protocol and has submitted data to that effect in accordance with Article 7 of the Protocol;
"Protocol" means the Montreal Protocol on Substances that Deplete the Ozone Layer adopted in 1987, as amended from time to time;
"reclaimed" in respect of a controlled substance, means recovered, re-processed and up-graded through a process such as filtering, drying, distillation and chemical treatment in order to restore the controlled substance to industry-accepted reuse standards;
"recovered" in respect of a controlled substance means-
(a)
collected after it has been used; or
(b)
collected from machinery, equipment or a container during servicing or before the disposal of the machinery equipment or container;
"recycled" in respect of a controlled substance, means recovered, cleaned by a process such as filtering, drying and reused, including reused to recharge equipment;
"Statute" means the National Environment Statute, 1995.
Object of
3. The object of these Regulations'is to- Regulations
(a)
regulate the production, trade and use of controlled substances and products;
(b)
provide a system of data collection that will facilitate compliance with relevant reporting . requirements under the Protocol;
(c)
promote the • use of ozone friendly substances, products, equipment and technology; and
(d)
ensure the elimination of substances and products that deplete the ozone layer. Restrictions on trade.
4. (1)
No person shall import or export a controlled substance or product listed in the First and Second Schedules, without a licence issued by the Executive Director (2) No person shall import or export a controlled substance or product from or to a country that is not a party to the Protocol.
(3)
No person shall import or export a controlled substance on or after the date specified in the Second Schedule.
(4)
A person who imports or exports a controlled substance or product in contravention of this regulation commits an offence.
Application fora
5. (I) A person intending to import or export a controlled
licence. substance or product shall apply to the Executive Director for a licence in the application set out in Form A and B respectively in the Third Schedule.
(2)
An application for a licence under subregulation (1) shall be signed-
(a)
in the case of a corporation, by an officer of the corporation authorised to do so: and
(b)
in any other case, by the person making the application or by a person authorised to act on behalf of that person.
(3)
A person who imports or exports a controlled substance or oroduct without a licence commits an offence.
(4)
This regulation does not apply to imports or exports of controlled substances or products that are intended to be used for such essential medical purposes as the Executive Director may, by statutory order, prescribe.
Licence to
6. (1) The Executive Director shall issue
a licence to import or import or export a controlled substance or product where he or export.
><he is satisfied that the applicant has adequate and appropriate facilities and equipment to handle the controlled substance or product without causing damage to the environment.
(2)
A licence shall be as set out in Form C in the Third Schedule.
(3)
A licence may be issued subject to conditions which the Executive Director may determine.
(4)
The following conditions apply to a licence-
(a)
the licence is not transferable; and
(b)
the licence only entitles the licence holder to import or export a controlled substance or product through the customs ports of entry and exit designated in the Fourth Schedule.
(5)
A licence shall remain in force for one year beginning on the day when it comes into force and may be renewed from time to time.
(6)
The Executive Director may, when renewing a licence, vary the conditions attached to the licence and impose additional conditions.
(7)
The Executive Director may, by notice in writing, vary or revoke at any time, any condition for the time being attached to the licence.
(8)
A person, who, imports or exports a controlled substance or product shall provide a copy of the licence to a Customs Officer at the port of entry.
Register of licences. 7. The Executive Director shall keep a register of all holders of licences issued under these Regulations.
Reporting procedures.
8. (1) The holder of a licence under
these Regulations shall submit to the Executive Director an annual report containing the information specified in the Fifth Schedule (2) Where special reporting procedures are made the condition of a licence issued under these Regulations, those procedures shall take precedence over the submission of annual reports as required by subregulation (1).
(3)
Where a person who submits a report requests that the information contained in the report be treated as confidential, the person shall include the reasons for that request in the report. decision,
9. (1)
A person who buys or receives a controlled substance or product shall sign the end-user declaration Form set out in the Fifth Schedule.
(2)
An end user who sells or otherwise supplies or Uses a controlled substance or product for a purpose other than the purpose declared in the end-user declaration, or sells or otherwise supplies a controlled substance or product to any other person commits an offence.
Duty (o 10. A person who imports, exports, distributes or sells a maintain records. controlled substance or product shall-
(a)
maintain records containing the applicable information in the Sixth Schedule: and
(b)
submit the records referred co in paragraph (a) to the Executive Director, every six months from the commencement of the licensed activity.
11. (1)
A person who imports or exports any goods into or Customs verification from Uganda, shall, on request by a Customs Officer, tender the and labeling. goods to the officer for verification as to whether they contain or are made with or designed for controlled substances. (2) A person importing or selling any controlled substance or product shall cause the container to have a conspicuous label bearing- (a) the name of the controlled substance or product;
(b)
the name and address of the manufacturer, and the country of origin of the controlled substance or product:
(c)
the following statement in clearly legible letters- "THIS SUBSTANCE/PRODUCT IS HARMFUL TO THE OZONE LAYER"; and (d) a symbol indicating that the substance or product is harmful to the ozone layer.
12. (1) The Authority shall carry out public awareness Public
awareness activities and programmes relating to the elimination of ozone and depleting substances and products. training.
(2)
The Authority shall ensure training of technicians engaged in maintaining, servicing or disposing of equipment containing ozone-depleting substances.
(3)
The Executive Director shall, once in each year, publish in the mass media and at the offices of the Authority, a list of controlled substances and products.
13. (1) The Minister may recommend to the Minister Taxation
responsible for finance, that tax exemptions be granted to importers of ozone friendly substances and products specified by rhe Minister.
(2)
The Minister may recommend to the Minister responsible for finance that a pollution tax be levied on importers ot controlled substances and products specified by the Minister.
Offences 14. (1) Any person whoand penalties. (a) imports or exports any controlled substance or product without a valid licence issued under these Regulations;
(b)
engages in the production or manufacture of goods containing, or made with, dependent on, or designed for a controlled substance:
(c)
fails or neglects to report data to the Executive Director as required under these Regulations;
(d)
provides false or misleading information or neglects to keep records in accordance with these Regulations, commits an offence and is liable, on conviction, to a fine of not less than thirtv thousand shillings and not more than three million shillings or to imprisonment for a term not less than three months, or both.
(2)
A court convicting a person for an offence under these Regulations may in addition to the penalty prescribed in subregulation (1)-
(a)
order that the licence be suspended for a time specified in the order or that it be cancelled;
(h)
order that the controlled substance or product, which is the subject of the offence, be confiscated, and direct the manner in which it should be disposed of.
15. An Environmental Inspector appointed under the Powers of
r i • r Environ- Statute may. in the course or his or her duties, seize any plant, mental equipment or other thing which he or she believes is a controlled lnsPe'-''°r- product or contains a controlled substance.
16. The Executive Director may delegate in writing, any of Delegation the functions and powers conferred on him or her by these °ndpov'ers Regulations to any officer of
the Authority, or to a lead agency, functions
17. A person aggrieved by a decision of the Executive Appeals
Director under these Regulations may, within thirty days of the decision, appeal to the High Court.
SCHEDULES.
Regulations 2 and 4 FIRST SCHEDULE
CONTROLLED PRODUCTS*
1. Automobile and truck conditioning units (whether
incorporated in vehicles or not).
2. Domestic and commercial refrigeration and air
conditioning/ heat pump equipment when containing controlled substances as a refrigerant and/or in insulating material of the product. These include-
Refrigerators Freezers Dehumidifiers Water coolers Ice machines Air conditioning and heat pump units
3. Aerosol products, except medical aerosols
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4. Fire extinguishers
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5. Insulation boards, panels and pipe covers
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6. Pre-polymers
* This does not include products when transported in consignments of personal or household effects or in similar non-commercial situations normally exempted from customs attention.
Regulations 2 and 4
SECOND SCHEDULE.
CONTROLLED SUBSTANCES AND PROHIBITION DATES.
Item Controlled Substance Date of Prohibition of Import/Export
1. Hydrobromofluorocarbons (HBFCs) Jan I,
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2. Chlorofluorocarbons (CFCs) Jan 1,
CFC-11 CFC-113 CFC-12 CFC-114 CFC-115
3. Halons Jan 1,
halon 1211 halon 1301 halon 2402
4. Other fully halogenated Chlorofluorocarbons (CFCs) Jan 1,
CFC-13 CFC-211 CFC-212 CFC-111 CFC-213 CFC-214 CFC-112 CFC-215 CFC-216 CFC-217
5. Carbon tetrachloride Jan 1,
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6. 1,1,1 - trichloroethane (methyl chloroform) Jan 1,
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7. Hydrochlorofluorocarbons (HCFCs) Jan 1,
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8. Methyl bromide Jani,
Regulation 5(1) THIRD SCHEDULE
FORM A THE NATIONAL ENVIRONMENT (MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS) REGULATIONS 2001.
Application for a Licence to Import a Controlled Substance/Product
A: Information concerning the importer
I - Name or trade name of importer;
2. (a) Address
(b)
Telephone No: (c) Fax No: (e) E-mail address
3. Number of import trade license and date obtained
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4. Name of person authorized to act
on behalf of importer (where' applicable)
(a)
Designation: (T>)Telephone No: (c) Fax No: (d) E-mail address
5. Controlled substance/product to be imported
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6. Customs tariff number and trade name of controlled
substance/product:
7. Condition of controlled substance/product (tick whichever
is applicable) (a) new/virgin (h) already used/reconditioned (c) rccycled/reclaiincd
8. Quantity to be imported: Kgs
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9. Request for confidentially of information (tick)
Yes No
Reasons:
10.Purpose and use of controlled substance/product to be imported:...
I I.Handling procedures and storage plans including safety precautions to be observed by the importer:
12.Port of entry:
13.Mode of transport and intended carrier:
B: Information concerning the supplier
1. Name or trade name of the supplier
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2. Country of origin
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3. Country from which substance/product is consigned
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4. Holder of the product trademark
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5. Name and address of manufacturer
I declare that the information stated in this application is correct.
I undertake to observe the conditions under which this licence is issued.
Date Signature
C: FOR OFFICIAL USE ONLY
I. Application received on
2. Application approved / rejected
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3. Conditions of approval / reasons for rejection
Date Executive Director
Regulation 5( 1) THIRD SCHEDULE
FORMB
THE NATIONAL ENVIRONMENT (MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS) REGULATIONS 2001.
Application for a Licence to Export a Controlled Substance/Product
A: Information concerning the exporter
1. Name or trade name of exporter
The text of this section isn't in the consolidation we hold — see the original PDF above.
2. Address
(b)
Telephone No: (c) Fax No: . ................................................. (d) E-mail address:
3. Number of export trade license and date obtained
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4. Name of person authorized to act on behalf of exporter
(a)
Designation: (b) Telephone No: (c) Fax No: (d) E-mail address:
5. Controlled substance/product to be exported
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6. Customs tariff number and trade name of controlled
substance/product:
7. Country of origin of controlled substance/product
S. Name and address of manufacturer:
9. Condition of controlled substance/product (tick whichever
is applicable) (a) new/virgin (h) already used/reconditioncd (c) rccyclcd/rcclaimed
10. Quantity to be exported: Kgs
The text of this section isn't in the consolidation we hold — see the original PDF above.
11. Request for confidentiality of information (tick)
Yes No
Reasons:
12. Purpose and use of controlled substances/products
to be exported
13. Handling procedures and type of packaging
including safety precautions to be observed by the exporter
14. Port of exit
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15. Mode of transport and intended carrier
B: Information concerning the recipient
1. Name or trade name of the recipient
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2. Full address of recipient
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3. Country to which substance/product is to be exported
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4. Country(ies) of transit (if applicable)
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5. Facilities where controlled substance/product is to
be used I recycled / destroyed:
1 declare that^the information stated in this application is correct. I undertake to observe the conditions under which this licence is issued.
Dare Signature
C: FOR OFFICIAL USE ONLY
1. Application received on
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2. Application approved I rejected
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3. Conditions of approval / reasons for rejection
Date Executive Director
Regulation 6(2). THIRD SCHEDULE FORMC THE NATIONAL ENVIRONMENT (MANAGEMENT OF OZONE DEPLETING SUBSTANCES AND PRODUCTS) REGULATIONS 2001. Licence to Export or Import a Controlled Substance/Product Licence No. NEMA/ OZ/ Name ............... Address You are hereby licensed to export from /import to (country) to/from (country)
the following controlled substances/products-
2 J
This licence is valid from 20 to 20
This licence is granted subject to the following conditions-
2 n J
4
Date: Executive Director, National Environmer.: Management Authority. To be filled in triplicate
Regulation 6(4) FOURTH SCHEDULE
DESIGNATED PORTS OF ENTRY AND EXIT
1. Malaba
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2. Bwera
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3. Katuna
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4. Entebbe International Airport
Regulation 9 FIFTH SCHEDULE
DECLARATION BY END-USER OF CONTROLLED SUBSTANCES/PRODUCTS
I. Information concerning the vendor/suppiier
Name of vendor/suppiier:
Address: ......................................................................................................
II. Information concerning the end-user
Name of end-user: ..........................................................................
Address:
Name of controlled substance/product
End-use category/purpose:
III. Declaration I undertake not to sell or otherwise supply any quantity of the controlled substance/product received by me to any person.
I further undertake not to use any quantity of the controlled substance/product received for a purpose not set out in this declaration.
I declare that the information stated in this declaration form is correct.
Date Signature
Regulation 8 and 10 SIXTH SCHEDULE
RECORDS TO BE MAINTAINED FOR CONTROLLED SUBSTANCES AND PRODUCTS.
I. Information relating to distribution, sale and use.
Dated records of-
(a)
the actual quantity of each controlled substance/product purchased from a Uganda supplier, wholesaler or distributor;
(b)
the actual quantity of each controlled substance/product used and the end use category or purpose:
(c)
the actual quantity of each controlled substance/product sold and the names and addresses of the end-users as set out in the declaration form in the Sixth Schedule and duly signed bv the end-iner.
II. Information relating to imports
I. Dated records of-
(a)
the actual quantity of each controlled substance/product imported m each shipment;
(b)
the port through which the controlled substance/product was imported:
'() the party train which the controlled substance/product was imported a.nd the name and address of the supplier: and
(d)
the impoii number for the consignment or the controlled substance, product imported.
2. Copies of the bid of lading,
the invoice and documents submitted to the Uganda Revenue Authority for each consignment III. Information relating to exports
Dated records of-
(a)
the actual quantity of each controlled substance/product exported in each shipment;
(b)
the port through which the controlled substance/product was exported; fcj the party through which the controlled substance/product was exported and the name and address of the recipient;
(d)
the purpose for which the controlled substance/product was exported.
RUHAKANA RUGUNDA, Minister responsible for the National Environment Statute, 1995.
Original Laws of Uganda consolidation (as at 23 November 2001) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.