SUBSTANCES THAT DEPLETE THE OZONE LAYER AND HYDROFLUOROCARBONS

Document symbol
G/LIC/N/3/NOR/11
Original language
English
Published on
01/05/2025

Outline of Systems

Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.

Norway has a licensing system for import and export of ozone-depleting substances. Import and export both in bulk and in products and equipment is prohibited without a permit.

Norway has from 14 December 2018 a licensing system in place for import and export of hydrofluorocarbons (HFC) in bulk. Import and export of hydrofluorocarbons in bulk is prohibited without a permit.

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

The purpose of the licensing system covering ozone-depleting substances is to fulfil Norway's obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer and to implement the EU regulation 1005/2009 on substances that deplete the ozone layer. This regulation entered into force in Norway 1 July 2013.

The purpose of the licensing system covering hydrofluorocarbons in bulk is to reduce the emissions of fluorinated greenhouse gases by limiting the use of hydrofluorocarbons in accordance with Norway's international obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer. The Montreal Protocol on Substances that Deplete the Ozone Layer Article 4B obliges the parties to establish and implement a system for licensing the import and export of new, used, recycled and reclaimed controlled substances in Annex F. Norway has established and implemented a licensing scheme from 14. December 2018.

Q3. The system applies to goods originating in and coming from which countries?

Both licensing systems apply to all countries.

Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?

Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?

The licensing system is statutorily required. The legislation does not leave designation of products to be subjected to licensing to administrative discretion. It is not possible for the government to abolish the system without legislative approval.

Procedures

Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):

There are restrictions as to the quantity of imports. The restrictions are independent of which country the import is from. Information about the application and allocation is in the Norwegian Product Control Regulation section 6 and section 6a (see Q4 above)

Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

N/A

Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?

N/A

Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)

N/A

Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

N/A

Q6.V. What are the minimum and maximum lengths of time for processing applications?

N/A

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

N/A

Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

N/A

Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

N/A

Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

N/A

Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

N/A

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

N/A

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

N/A

Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?

N/A

Q7.b. Can a licence be granted immediately on request?

N/A

Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.

N/A

Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

N/A

Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?

Applicants may be refused a license if they don't meet the criteria for granting license in the regulation. The reasons for any refusal are given to the applicant in the decision not to grant the license. The decision of the Norwegian Environment Agency may be appealed to the Ministry of Climate and Environment according to Section 28 of the Public Administration Act: https://lovdata.no/NLE/lov/1967 - 02 - 10/§28

Eligibility of Importers to Apply for Licence

Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?

Only firms or institutions with an organization number may apply for an import license. There is no registration fee. When applying for a license to import ozone-depleting substances, they need to prove that they need the substances for their business or research-/laboratory purpose in Norway. There is no published list of importers of ozone depleting substances. The number of applications received – and licenses granted annually are small and varies – usually between three to five a year. There is a published list of authorized importers for the import of HFC gas in bulk which is updated annually: Importere og eksportere HFK - miljodirektoratet.no.

Documentational and Other Requirements for Application for Licence

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

For an application for import of ozone depleting substances they need to provide the same information about the company, the substances they intend to import, the amount and an explanation why these specific substances are needed and why alternative substances cannot be used.

For the import of HFCs, the applicant needs to provide information on the business they have in Norway, the name of the company including Norwegian organization number, a contact person and the amount they need to import.

Q11. What documents are required upon actual importation?

No specific documents are required upon actual importation. But the Customs Authority may request proof of license.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

There is no fee or administrative charge.

Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.

There is no deposit or advance payment.

Conditions of Licensing

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

The license is usually valid for one year. It may be issued for a longer period for ozone depleting substances if there is a particular need.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

There is no penalty on licenses which have not been used or on licenses which have only been used partially. But for the import of HFCs it will in the long run reduce the amount (the quota) that they may be allowed to import.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Licenses cannot be transferred between importers.

Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?

The importers are obliged to report the following year on the amount of each substance actually imported during the year that the license was valid.

Other Procedural Requirements

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

There are no other administrative procedures required prior to importation.

Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?

N/A