Unified Law on Ozone-Depleting Substances for the GCC Countries

Chapter 1: Definitions and Objectives

Article 1: Definitions

In the application of the provisions of this law, the following phrases and terms shall have the meanings indicated next to each, unless the context of the text indicates otherwise:
1- Council: The Gulf Cooperation Council.
2- Member States of the Council: The member states of the Gulf Cooperation Council.
3- Supreme Council: The Supreme Council of the Gulf Cooperation Council.
4- General Secretariat: The General Secretariat of the Gulf Cooperation Council.
5- State: One of the member states of the Gulf Cooperation Council.
6- Law: The unified law regarding ozone-depleting substances for the Gulf Cooperation Council member states.
7- Ozone Layer: Refers to one of the layers of the atmosphere, located in the "stratosphere," containing a high density of ozone gas molecules, which protects the earth from the harmful part of ultraviolet rays.
8- Montreal Protocol: Refers to the protocol adopted in 1987 in Montreal, Canada, regarding ozone-depleting substances.
9- Amendments to the Montreal Protocol: Refers to the changes to the Montreal Protocol adopted by the parties regarding the addition of new controlled substances and the modification of timelines for the disposal of certain controlled substances. A state is not bound by such amendments unless it ratifies them; conversely, a state that does not ratify such amendments is considered not a party to them and all provisions applicable to non-parties regarding that amendment shall apply to it.
10- Ozone-Depleting Substances: Refers to substances characterized by their chemical stability in the atmosphere near the earth's surface, containing one or more chlorine or bromine atoms, or both, which initiate chain reactions in the "stratosphere" leading to ozone depletion.
11- Controlled Substances: Refers to ozone-depleting substances listed in the annexes of the Montreal Protocol and its amendments, whether existing independently or present in mixtures in any proportion.
12- Consumption: Refers to production plus imports of controlled substances minus exports of them.
13- Technology: Refers to the scientific methods and techniques employed that facilitate work.
14- Controlled Equipment, Devices, and Products: Refers to equipment, devices, and products that contain or rely on ozone-depleting substances for their operation.
15- Alternative Technologies or Equipment: Refers to technologies or equipment that do not contain or rely on controlled substances.
16- Alternatives to Depleting Substances: Refers to substances used as substitutes for controlled substances that are characterized by their lack of harmful effects on the ozone layer.
17- Recycled Materials: Refers to controlled substances that have been previously used and purified from impurities and unwanted materials.
18- Halons: Refers to fully halogenated brominated carbon fluorine compounds of industrial origin used in fire extinguishing systems and their equipment, which are controlled substances under the Montreal Protocol.
19- Halon Stocks: Refers to the available quantities of halons in fixed and portable fire extinguishing systems that are being dismantled and disposed of.
20- Parties: Refers to the states that have deposited their instrument of ratification, acceptance, approval, or accession to the Vienna Convention for the Protection of the Ozone Layer of 1985 and the Montreal Protocol on Substances that Deplete the Ozone Layer of 1987, for a period of ninety days.
21- Competent Authority: Refers to any ministry, council, or governmental body responsible for environmental affairs in the member states tasked with monitoring and implementing the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol and its amendments regarding ozone-depleting substances. This authority may form a national committee from relevant entities to facilitate the establishment, implementation, and monitoring of national programs regarding the Montreal Protocol.
22- Complete Disposal: Refers to the complete cessation of the import or export of controlled substances under the Montreal Protocol according to the timelines established by the protocol as a minimum, allowing the use of these substances in a reclaimed, recycled, or recovered manner for maintenance sectors until the end of the useful life of the devices and equipment using them.
23- Import Quotas: Means the annual specification of a certain quantity in kilograms of any controlled substance for each importer registered with the competent authority and accepted for registration. The competent authority shall annually determine this quantity (quota) based on the information available to it regarding the volume of the importer's activity.
24- Environmental Approval: Refers to the approval granted by the competent authority after ensuring that the environmental requirements set by the competent authority are met.

Article 2: Objectives

The unified law aims to achieve the following:
1- The complete elimination of the consumption of ozone-depleting substances and the replacement with safe alternatives in accordance with the national interests of the Council countries, in accordance with the provisions of the Montreal Protocol and the amendments and revisions made to it.
2- Regulating the import, re-export, transport, storage, trading, processing, and use of controlled substances in accordance with Article 4 of the Montreal Protocol.
3- Regulating the import, export, re-export, transport, storage, trading of controlled devices, equipment, and products in accordance with Article 4 of the Montreal Protocol.
4- Developing and implementing plans and programs in the Council countries to qualify sectors that rely on activities involving controlled substances, and assisting them in adhering to sound practices in repair and maintenance operations and transitioning to suitable alternatives.
5- Training customs officials and relevant licensing authorities and other related entities to monitor controlled substances and prevent the illegal trade of those substances.
6- Facilitating the exchange of information and data among the Council countries regarding the trade and circulation of controlled materials, devices, equipment, and products in order to monitor inter-trade and combat illegal operations.

Chapter 2: Control of Materials, Devices, and Products Subject to Regulation

Article 6

The manufacture or use of controlled substances, devices, equipment, and products subject to regulation in industries or in new facilities, or in the case of expanding existing activities and facilities, is prohibited. Additionally, the renewal of licenses for existing facilities is prohibited unless environmental approval is obtained from the competent authority.

 

Article 8

The competent authority shall provide the General Secretariat with information and data annually regarding the implementation of Article Seven of this Law, as well as exchange information related to intra-Council trade concerning controlled substances, devices, equipment, and products subject to regulation for dissemination to the member states.

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