Publication date: 11.06.2024
Legal regulation of customs control over goods containing ozone-depleting substances
Introduction
Ozone depleting substances (ODS) are chemical compounds that, when released into the atmosphere, destroy the Earth's ozone layer. This layer protects living organisms from harmful ultraviolet radiation. The international community has realized the need to regulate the circulation of such substances, and this is reflected in numerous international agreements and national legislation. In this article, we will consider the legal aspects of customs control over ODS, as well as international experience in this area.
International regulation
Montreal Protocol:
- The main international document regulating the circulation of ODS is the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in 1987. The Protocol establishes a schedule for reducing the production and consumption of ODS, as well as mechanisms for controlling their circulation.
Vienna Convention:
- The Vienna Convention for the Protection of the Ozone Layer, adopted in 1985, created a legal framework for international cooperation in the field of ozone layer protection. The Convention establishes obligations for member states to monitor and exchange information on ODS.
National legislation
Ukraine:
- Ukraine is a party to the Montreal Protocol and has committed itself to implementing its provisions. In accordance with the Law of Ukraine "On Atmospheric Air Protection" and other regulations, Ukraine has a system of control over the circulation of ODS, including customs control.
Other countries:
- Most countries that have ratified the Montreal Protocol have their own national laws and regulations governing the circulation of ODS. This includes licensing, certification and customs control.
Customs control procedures
Identification of goods:
- The primary task of the customs authorities is to identify goods containing ODS. This is done by checking declarations, certificates and other supporting documents.
Declaration:
- All goods containing ODS are subject to mandatory declaration. The declaration must contain full information about the amount and type of ODS, as well as the purpose of their use.
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Licensing and certification:
- Importing and exporting ODS often requires special licenses and certificates confirming compliance with international and national regulations. Customs authorities check the availability and validity of such documents.
Monitoring and verification:
- Customs authorities regularly inspect and monitor imports and exports of ODS. This includes physical inspection of goods, verification of documents, and taking samples for analysis.
Liability for violations
Administrative liability:
- Violations of the rules for the circulation of ORPs may result in administrative fines and other sanctions, such as confiscation of goods or suspension of licenses.
Criminal liability:
- In cases of serious violations, including trafficking in large volumes of ORR, criminal sanctions may be imposed, including imprisonment and significant fines.
