Bhutan revises regulations for ozone-depleting substances and hydrofluorocarbons

The National Environment Commission of Bhutan promulgated the Regulations on Substances that Deplete the Ozone Layer and Hydrofluorocarbons 2021, which came into effect on January 3, 2022. This regulation, which is a subordinate regulation of the National Environment Protection Act of Bhutan 2007, regulates the production, import and export of ozone-depleting substances (ODS) and HFCs, as well as ODS-containing products, in accordance with the country’s obligations under the Montreal Protocol.

The main provisions of the regulation are as follows:

Prohibition

• Production of controlled substances listed in Tables A and B of the regulation
• Import of controlled substances listed in Table A of the regulation (import may be permitted provided that the substances are imported for essential use purposes permitted under the Montreal Protocol.)
• Import of products containing ozone-depleting substances

* Ozone depleting substances refer to substances listed in Tables A and B of the regulations.

Restrictions

• For the import of controlled substances listed in Tables A, B and C of the regulation, an import permit issued by the National Ozone Unit (NOU) must be obtained (the import permit is valid for one month from the date of issue and is non-transferable).

Imports

• When importing controlled substances listed in Tables B or C of the regulation, the importer must submit the annual requirement to the NOU each year and register it using the prescribed form (Table D or E).
• Importers must present a valid import permit at the time of customs clearance.
• Importers must submit a report (see Table J for the format) to the NOU within 10 working days from the date of importation of the controlled substance, and a record of the import and sale to the end consumer must be recorded using the format in Table K and submitted to the NOU annually.
• If the provisions of the regulation are violated, the importer will be liable for re-export and will be ordered to pay a fine of the same value as the seized goods (if the importer fails to re-export the goods within the due date, the amount of the fine will be twice the value of the seized goods).

The original text of this regulation, including the list of prohibited or restricted ozone-depleting substances (Tables A and B), can be downloaded from the following URL (in English).
http://www.nec.gov.bt/publications/download/regulation-on-substances-that-deplete-the-ozone-layer-and-hydrofluorocarbons-2021