Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P11: Authorization or permit requirements to export, for technical reasons 

Date when the measure came into force

08 May 2014 

Publication where the measure is specified

GOVERNMENT GAZETTE, 15 August 2013 

Regulation where the measure is specified

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (ACT NO. 39 OF 2004) REGULATIONS REGARDING THE PHASING-OUT AND MANAGEMENT OF OZONE-DEPLETING SUBSTANCES 

Country/Region applying the measure

South Africa 

Coded list of objectives

E: Protection of the environment 

Description of the measure

3. (1)A person is prohibited from producing, importing, exporting, using or placing on the market any of the following ozone-depleting substances including equipment or products containing such substances, unless it is for critical use-
(a)Chlorofluorocarbons;
(b)bromochlorofluorocarbons;
(c)halons;
(d)carbon tetrachloride;
(e) 1,1,1 trichloroethane;hydrobromofluorocarbons; and
(g)bromochloromethane.
(2)Sub-regulation (1) does not apply to-
(a)the placing on the market and use of halons that have been reclaimed from existing fire protection systems before the coming into effect of these regulations; and
(b)the placing on the market and use of halons for critical use.
(3)A person wanting to use recovered halons in existing fire protection systems, after the date of
coming effect of these Regulations, must apply for approval to the Director-General.
(4)The application contemplated in sub-regulation (3) must be done in a letter format and include the following information-
(a)applicant's name and contact details;
(b)brief description of applicant business activity in relation to the use of halons;
(c)quantities of halons requested for use in existing fire protection systems or placing on the market; and
(d)measures in place to reduce the emissions.
(5)The Director General may upon receipt of the application contemplated in sub-regulation (4) in writing-
(a)grant approval and provide a reference number and any conditions or(b)requirements which must be adhered to;
(b)refuse the application and provide reasons for the decision; or
(c)require the applicant to make amendments, and specify the timeframe within which the applicant must resubmit.
(6)The provisions of sub-regulation(1) are not applicable to the use, export or placing on the market of products or equipment containing the ozone depleting substances contemplated in sub-regulation
(1) which were manufactured or imported before the coming into effect of these Regulations.
(7)No person is allowed to import, place on the market or use methyl bromide after 1 January 2015, unless it is for critical use 

Reference of the measure

Section 3 

Measure also domestic

Yes 

Products affected by the measure.

Description

(a)Chlorofluorocarbons;
(b)bromochlorofluorocarbons;
(c)halons;
(d)carbon tetrachloride;
(e) 1,1,1 trichloroethane;hydrobromofluorocarbons; and
(g)bromochloromethane 

Countries/Regions affected by the measure.

Description

All countries