LAWS OF MALAWI
Environment Management Cap. 60:02 35
Environment Management (Management of Ozone Depleting Substances) Regulations [Subsidiary]

SUBSIDIARY LEGISLATION
ENVIRONMENT MANAGEMENT (MANAGEMENT OF OZONE DEPLETING SUBSTANCES) REGULATIONS
under s. 41
PART I
Preliminary

1. These Regulations may be cited as the Environment Citation Management (Management of   Ozone Depleting Substances) Regulations.
2. In these Regulations, unless the context otherwise re-quires—
    "consumption” means production plus imports less exports of ozone depleting substances;
    “CFCs” means chlorofluorocarbons listed in the First Schedule;
    "HCFCs" means hydrochlorofluorocarbons listed in the Third Schedule;
    "ODS” means ozone depleting substances listed in the First.
      Second, Third and Fifth Schedules;
    “ODS Technologies” means the equipment or materials containing or made with ozone depleting substances listed  in the Fourth Schedule;
   "Protocol” means the Montreal Protocol on Substances that Deplete the Ozone Layer of 1987 and as amended at   London, Copenhagen and Vienna;
   “refrigerant” means a substance, whether part or mixture, that is used as a coolant in a refrigerator, freezer, cold room, dehumidifier, heat pump or an air conditioner; and
   "training” means training in refrigeration and air conditioning.

3. These Regulations shall apply to— Application
     (а) every importer and distributor of ozone depleting substances;
     (b) every importer of technology which uses ozone depleting substances;
     (c) every company and an individual who services refrigerators, air conditioners including mobile and other ozone depleting substances technologies;
     (d) every company and an individual using servicing fire extinguishers;
     (e) any company, an individual and farmer using ODS;

     (f) The relevant Government ministries and departments; and
    (g) The general public.

PART II
Control Measures

4. —(1) (a) Any person who wants to import ODS shall apply for an import permit from the Minister:
             (b) An import permit shall be in the form set out in the Sixth Schedule.
       (2) The Department of Customs and Excise shall submit to the Minister duplicate copies of all import declarations of the ODS.
       (3) Any person who supplies or distributes the ODS shall keep a record of names and addresses of the persons to whom the ODS have been supplied or distributed.
       (4) (a) Any person importing ODS shall cause all the containers of ODS to have a lebel bearing the:
                 (i) name of the manufacturer;
                 (ii) the name of the country of origin; and
                 (iii) Chemical Abstracts (CAS) Registry number;
            (b) Any person who contravenes the provisions of subregulation 4 (a) commits an offence.
5. Any person exporting ODS shall apply to the Minister for an export permit.
6. With effect from 1st April, 1998. no person shall import second-hand refrigerators and air conditioners which are designated to use CFC-12 (R-12) or CFC-11 (R-11) as coolant.
7. With effect from 1st January, 1999, no person shall import brand new CFC refrigerators and air conditioners.
8. With effect from 1st January, 1999, any person importing vehicles fitted with an air conditioner or refrigeration unit shall ensure that the cooling units are fitted with CFC-free coolants.
9. —(1) With effect from the date of entry into force of the Regulations and subject to subregulation (2), no person shall bring into the country any aerosol product which uses CFCs as carrier gases or propellants.
       (2) Medical aerosols used in asthma metered dose inhalers (MDIs) may continue being imported.

10. With effect from 1st January, 2004, no person shall import new ODS.
11. With effect from 2007, no person shall use ODS listed in the First and Second Schedules.
12. With effect from the date of entry into force of these Regulations, no person shall engage in investment projects using ODS projects listed in the First and Second Schedule.
13. An air-conditioner or refrigerator technician shall not vent out any refrigerant that is an ODS when installing, serving, maintaining or repairing the equipment.
14. Any person who owns or is responsible for a refrigerator or an air-conditioner shall have a leak detector or leak detecting method.
15. No person shall retrofit CFC refrigeration and air conditioning equipment with HCFC.
16. —(1) No person shall use halons where alternatives like carbon dioxide, water, dry powder, foams and inert gases can be used.
         (2) No fire station shall use halons in fire fighting demonstrations of exercises.
         (3) With effect from 1st January, 2001, no person shall refill the fire-extinguishing systems with new halons rather than recycled halons.
         (4) With effect from 1st January, 2003, no person shall sell fire-extinguishers with halons, except for critical uses in defence and aviation.
        (5) With effect from 1st January, 2007, no person shall use halons, whether used or recycled, except for uses in defence and aviation.
17. —(1) Any person who contravenes any provision of these Regulations commits an offence and upon conviction shall be liable to a fine of not less than K 10,000 and not more than K500,000 and to imprisonment for five years.
         (2) Any person who is convicted to an offence under subregulation (1) shall, in addition to the fine provided for in that subregulation, be liable to a fine of K5,000 for each day the offence continues to be committed.

FOURTH SCHEDULE reg. 2
Equipment using or containing or made with Ozone Depleting
Substances

1. Automobile and truck air conditioning units.
2. Domestic and commercial refrigeration and air conditioning/heat pump equipment containing annex A substances e.g.

Refrigerators;

Freezers;
Cold rooms;
Dehumidifiers;

Ice machines;
Air-conditioning and heat pump units.

3. Aerosol products, except medical aerosols.
4. Portable fire-extinguishers.
5. Flexible and rigid foams e.g. mattress.

                                                           FIFTH SCHEDULE                      reg. 2
                                                              Methyl Bromide
                                                                                                                  Montreal Protocol
IUPAC Name                               Chemical Formula                                  Nomenclature
Bromomethane                                     CH3Br                                            Methyl Bromide

                                                      SIXTH SCHEDULE

                                                         Import Permit
1. Application—
Name of Importing Company: .............................................................
Business Address: ...................................................................................

Telephone Number: ...............................................................................
Fax Number:..........................................................................................
Contact Person:......................................................................................
Designation: ...........................................................................................
Type of importer:                  Distributor ( )                                  End-user ( )
2. Products to be imported—

#	Title	Download
1	Environment Management (Management of Ozone Depleting Substances) Regulations	PDF

Have you found this information useful ?
Please share your feedback below and help us improve our content.

Your opinion matters!

Thanks for sharing your feedback with us

Close