Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B11: Prohibition for TBT 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.
(f) methyl bromide
Phase out schedule for HCFCs, HCFC-141b and equipment charged with HCFC 22
5.(1)The following is the phase out schedule for hydrochlorofluorocarbons-
(a)the hydrochloroflourocarbons which an importer place on the market or use per annum, in the period from 01 January 2014 to 31 December 2015, must not exceed 90% of the baseline consumption of HCFCs;
(b) the hydrochloroflourocarbons which an importer place on the market or use per annum, in the period from 01 January 2016 to 31 December 2020, must not exceed 65% of the baseline consumption of HCFCs;
(c)the hydrochloroflourocarbons which an importer place on the market or use per annum, in the period from 01 January 2021 to 31 December 2025, must not exceed 32.5% of the baseline consumption of HCFCs;
(d)the hydrochloroflourocarbons which an importer place on the market or use per annum, in the period from 01 January 2026 to 31 December 2030, must not exceed 2.5% of the baseline consumption of HCFCs;
(e) from 01 January 2031 until 31 December 2040, 2.5% of the baseline consumption must only be used for servicing activities; and
(f)from 01 January 2040 no person is allowed to import, place on the market, or use HCFCs.
A person is prohibited from-
(a) importing HCFC-141b either in pure form or as a component of blended chemicals, for the purpose of placing on the market or use in the production of polyurethane foams or as solvents or any other application, from 1 January 2016;
(b)importing any new or used refrigeration and air-conditioning systems or equipment containing HCFC-22 or any refrigerant or refrigerant blend containing any HCFC, from 1 July 2014; and
(c)using HCFC-22 ,or any other refrigerant containing HCFCs, either in pure form or as a component of blended refrigerants, in the construction, assembly or installation of any new refrigeration or air-conditioning system or equipment, from 1 January 2015. 

Countries/Regions affected by the measure.

Description

All countries