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Illegal importation of ODS cargo intercepted by Customs

On Thursday 11th September 2014, the Customs Border Control Unit in Port Vila and the National Ozone Unit carried out a joint inspection carried out on a cargo that, according to declaration forms, contained R22, a controlled substance under the Ozone Layer Protection (OLP) Act.

When a physical inspection was carried out, Officers found five cylinders labeled with R407C, a substance NOT controlled by the OLP Act. However, when these cylinders were tested using refrigerant identifiers, the cylinders were found to contain R22; the controlled substance under the OLP Act. The total amount of refrigerants contained in the five cylinders was 56.5Kg.

R22 or HCFC-22 is a controlled substance under the OLP Act, because it is part of a group of chemicals that deplete the ozone layer (Vanuatu is obligated to control these, under the Montreal Protocol of which we are a party to).Under the OLP Act, for a company or individual to import R22 or any chemicals controlled under this Act, they must first obtain licenses through the Department of Environment’s Ozone Unit. Because the importer of this importation did not obtain a license, they were issued a penalty notice and the goods were seized by the Department of Environment.

The Customs Border Control and the National Ozone Unit are working hard at making sure imports on refrigerants through our borders comply with both the Ozone Layer Protection Act, and the Customs legislation. The use of the refrigerant identifier recently presented to the Customs earlier in September during an ODS Training course for Customs Officers, are measures that have been put in place to ensure we control the importation of ODS goods across our borders. Training on how to use the refrigerant identifier is one of the aspects of the ODS Training given annually to Customs Officers.

Goods seized under the OLP Act can be disposed of in a manner determined by the Director for Environment (this can be re-exported to the exporting country at the expense of the importing company). Penalties for offences such as illegal imports, can amount for up to 5 million vatu or imprisonment for up to 6 months.

September 16 2014 is World Ozone Day. This year also marks 20 years that Vanuatu ratified the Montreal Protocol on Substances that Deplete the Ozone Layer. We will continue to work at protecting the ozone layer so that it can continue to protect you!