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European Union reporting of imports and exports under the Montreal Protocol

European Union reporting of imports and exports under the Montreal Protocol. European Commission Directorate General Climate Action 2011. 1. Introduction Content. Introduction Reporting requirements Definitions Customs procedures Stores Conclusion.

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European Union reporting of imports and exports under the Montreal Protocol

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  1. European Union reporting of imports and exports under the Montreal Protocol European Commission Directorate General Climate Action 2011

  2. 1. IntroductionContent • Introduction • Reporting requirements • Definitions • Customs procedures • Stores • Conclusion

  3. 2. Reporting requirements2.1 EU legislation (1) • Each importer and exporter must report*: • Annually before 31 March • All imports and export of controlled and new substances under any customs procedure • Quantities and uses • Stocks • Purchases and sales • No specific rules for maritime sector * Under Article 26 of Regulation (EC) No 1005/2009

  4. 2. Reporting requirements2.2 EU legislation (2) • Other direct reporting obligations to EU • Production • Destruction • Process agent and feedstock uses • Laboratory uses • Indirect reporting obligations via Member States • QPS • Phased out in March 2010 • Critical uses of non virgin Halons • Phase out started

  5. 2. Reporting requirements2.3 Montreal Protocol (1) • Article 7(3) of the Montreal Protocol • Annual report on imports and exports • Decision IV/14*: Transhipments • As opposed to imports and re-exports: • Country of origin to report export • Country of final destination to report import * and as reminded by Decision IX/34

  6. 2. Reporting requirements2.3 Montreal Protocol (2) • Decision IV/14*: Imports and re-exports • Two separate transactions: • Country of origin to report export to country of intermediate destination (CID) • CID to report import from country of origin • CID to report export to country of final destination • Country of final destination to report import from CID * and as reminded by Decision IX/34

  7. 3. Definitions 3.1 Import and export • Montreal Protocol • No definition of import or export • World Customs Organisation*: • The act of bringing or causing any good to be brought into / taken out from a Customs territory • European Union (ODS Regulation)**: • The entry /exit of substances, products and equipment covered by this Regulation into / from the customs territory of the Community […] * Glossary of international customs terms, World Customs Organisation, Brussels, 2006 (D2006/0448/20) ** Regulation (EC) No 1005/2009 on ozone depleting substances. Simplified extract.

  8. 3. Definitions 3.2 Customs territory • Montreal Protocol • No specific definition • All areas covered by the ratification • Customs territory: • Defined by national legislation • Usually the whole territory of a nation (land and sea) • Customs territory ≠ customs union • EU: customs territory  separate presentation

  9. 4. Customs procedures 4.1 Kyoto Convention • Revised Kyoto Convention • International convention on the simplification and harmonisation of customs procedures • Initial convention of 1974 • Revised 1999, entry into force 2006

  10. 4. Customs procedures 4.2 Overview • Import / Export • Permanent imports / exports • Temporary imports / exports • To be reported • Transit • Transhipment • Customs transit • Not to be reported

  11. 4. Customs procedures 4.3 Permanent import / export • Clearance for home use • aka “release for free circulation” • Re-importation in the same state • Outright exportation • aka “permanent export”

  12. 4. Customs procedures 4.3 Temporary import / export • Customs warehouses and free zones • Free zones are geographically defined • Customs warehouses can be anywhere • Inward / outward processing • Processing of goods for home use • aka “processing under customs control” • Temporary admission

  13. 4. Customs procedures 4.3 Special procedures • Travellers • Postal traffic • Means of transport for commercial use • Containers • Relief consignments (“humanitarian aid”) • Stores

  14. 5. Stores5.1 Definition • Stores for consumption: • […] goods necessary for the operation and maintenance of vessels, aircraft or trains including fuel and lubricants but excluding spare parts and equipment; which are either on board upon arrival or are taken on board during the stay in the Customs territory […] • Other stores are not relevant in the Montreal Protocol context

  15. 5. Stores5.2 Reliefs - Exports • Vessels and aircraft which depart […] shall be entitled to take on board, exempted from duties and taxes: stores for consumption necessary for their operation and maintenance, in [reasonable] quantities having regard also to […] stores already on board. • No exclusion from export definition!

  16. 5. Stores5.3 Reliefs - Import • Exempted from import duties and taxes provided that they stay on board • Customs declarations upon arrival shall be kept to the minimum • Others • Not excluded from import definition!

  17. 6. Conclusion6.1 Summary • Movement from/into customs territory is: • Import / export • Processed under different customs procedures • Subject to reporting under Montreal Protocol • Except transit and certain special procedures • Stores • Imports / exports benefiting from relieves • Account for consumption as imports & exports • Open questions remain

  18. 6. Conclusion6.2 Open questions • Customs territory vs. flag state approach • How to handle: • stores to be delivered to a ship of a foreign flag state but commutes only within one customs territory? • stores to be delivered to a ship of national flag but that will leave the customs territory? • Legal entity importing / exporting • Owner? Operator? Representative? • Consumption allocation mechanism

  19. Thank you for your attention • Aléxandros Kiriazis • European CommissionDG Climate Action1049 BrusselsBelgium • alexandros.kiriazis@ec.europa.eu • http://ec.europa.eu/clima/policies/ozone

  20. 7. Annex7.1 Links • WCO Glossary of international customs terms • http://wcoomdpublications.org/glossary-of-international-customs-terms.html • Revised Kyoto Convention • http://www.wcoomd.org/home_pfoverviewboxes_tools_and_instruments_pfrevisedkyotoconv.htm • Regulation (EC) No 1005/2009 • EU Regulation on ODS • http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32009R1005:EN:NOT

  21. European Union reporting of imports and exports under the Montreal Protocol European Commission Directorate General Climate Action 2011

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