India is a Party to the Montreal Protocol. The production and consumption of ODS is to be phased out as per the schedule specified in the Protocol. In accordance with the National Strategy for Ozone Depleting Substances (ODS) phase-out, and the Country Programme, the Ministry of Environment and Forests, Government of India, has framed comprehensive rules, covering various aspects of production, sale, consumption, export, imports etc. of Ozone Depleting Substances.
The Ozone Depleting Substances (Regulation) Rules, 2000 have been published in the Gazette of India on 25.1.2000 for public comments and suggestions within 45 days.
Some of the important features of the proposed ODS Rules are as follows:-
Compulsory to register with MoEF.
Restriction on production levels as per "base level" and annual reductions specified.
Producers of CFCs and those who have received financial assistance will reduce production as per the agreement approved by the Executive Committee.
Implementation modalities such as quota system for producing CFCs will be adopted.
Ban on creating new capacity or expansion of capacity to manufacture ODS.
Exports restricted to countries who are signatory to the Montreal Protocol
Quantity produced in excess of maximum allowable consumption for the respective years, if any, to be for export purposes only.
Manufacture of ODS based Products (ODS Users)
Ban on capacity expansion or setting up a new facility for production of ODS based equipment.
Compulsory registration with appropriate authorities.
Declaration, in prescribed format, to be given to the seller, at the time of purchase of ODS.
Manufacturers of ODS based goods having received financial assistance from the Multilateral Fund are restricted to use ODS after completion of their conversion projects.
Original equipment manufacturers manufacturing equipment based on ODS to phaseout their use of ODS by 1.1.2003.
Sellers, Exporters, Importers, Stockists etc.
Exporters and importers need to register with designated authorities.
No sales to persons/organisations which have not intimated the Government of India about use of ODS in their operations.
No import or export of ODS and/or ODS based equipment, including compressors, without licence.
Products that do not contain such ODS shall carry a label to that effect.
Compulsory registration for reclamation and destruction of ODS.
All registrations will be valid for specified periods, after which they are to be renewed with the same authority.
Every person who produces, uses, imports, exports, sells, stocks, reclaims, destroys ODS, has to maintain records and file reports as specified.
Every person who has received technical and/or financial assistance from any international agency, or financial assistance from Govt. of India, including duty concessions/exemptions, to maintain records and file reports as specified.
The ODS Rules provide specific dates/time frame for the above provisions to be effective, with respect to the date these rules come into force, as well as the designated authorities for registration and licensing, specific formats to be used for maintaining records and filing reports.