Hydrochlorofluorocarbons (HCFC)
- Document symbol
- G/LIC/N/3/MUS/13
- Original language
- English
- Published on
- 15/12/2023
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.
Mauritius has successfully implemented its Chlorofluorocarbons (CFC) Phase out Management Plan since 2005 and importation of CFCs is completely banned. Presently, a Hydrochlorofluorocarbons (HCFC) Phase out Management Plan (HPMP) has been developed/approved in 2011 and importation of HCFC refrigerants is being controlled.
A quota system based on a baseline figure (the average amount of HCFC refrigerants imported in 2009 and 2010), has been set up/implemented, since 2013. In 2015, as required under the Montreal Protocol and as provided in the HPMP, a 10% reduction was applied to the baseline import and a quota system worked out accordingly.
Following request from importers of refrigerants, the National Ozone Unit of the Ministry of Environment, Solid Waste Management and Climate Change issues a clearance to the importers. The Customs Department of the Mauritius Revenue Authority and the Dangerous Chemical Control Board (DCCB) of the Ministry of Health and Wellness are informed of our no-objection and DCCB issues the import permit for importation.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Importation of all HCFC refrigerants requires an import permit.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating from anywhere in the world.
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?
The licensing system is to restrict the quantity of the HCFC refrigerants being imported based on the quota as defined in the HCFC Phase out Management Plan (HPMP).
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 Dangerous Chemical Control Act, 2004. Additionally, importation of equipment containing HCFC as a refrigerant is banned, under the Consumer Protection (Supplies and Control) Regulations, 2013.
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):
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?
All importers of refrigerants have been informed of the quota system.
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?
The size of the quotas is determined on a yearly basis. However, importers have to make the request for clearance for licence each time they intend to import. They need to indicate the amount as well as the country of origin.
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.)
Refrigerants are not produced locally. Unused allocations are not added to quotas for the succeeding period. No, names of importers have not been made known to export promotion bodies of exporting countries, as no such request has been made. However, there would be no problem to communicate these details if ever there is such a request.
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?
There are no specific conditions but preferably the importers should submit their request two working days beforehand.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
There are no specific conditions but generally the requests are processed within two days.
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
No restriction, subject to importation is done within the same calendar year.
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?
No. The National Ozone Unit (NOU) of the Ministry of Environment, Solid Waste Management and Climate Change process only the no-objection and certifies that the refrigerant in question can be imported. It is the Dangerous Chemical Control Board of the Ministry of Health and Wellness which grants the licence.
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?
It happens that some importers have exceeded their quotas and have made an additional request. Then reallocation can be done only if the other importers have not fully used their quotas. A quota system has been established as from 2013 based on the average import during 2009 – 2010 for those importers who were registered during the said two years. A quota has also been assigned for new importers while being within the allowable baseline figure of import. Applications are examined on receipt.
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?
For any importation of HCFCs an import licence is obligatory.
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?
No such mechanism.
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No. The imported refrigerant can be re-exported, but the exporters need to again get the clearance from the NOUU and licence from the DCCB.
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
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)?
Q7.b. Can a licence be granted immediately on request?
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.
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?
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?
Application for a licence may be refused if the quota has been met. The importer is informed accordingly. The importer may contact the NOU and confirm whether unused allocation for other importers can be reallocated.
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?
All persons, firms and institutions are eligible to apply for licences. The NOU does not charge any registration fee. There is no published list of importers at the level of NOU.
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?
The importer must send a letter to the NOU and copied to the DCCB and specify the following:
• Type of refrigerants.
• Type of container.
• Weight per unit.
• Country from where it is imported.
Material Safety Data Sheets (MSDS) of the product can also be submitted by the importer, though not binding.
Q11. What documents are required upon actual importation?
Importers need to produce clearance from DCCB prior to granting of customs release.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The NOU does not charge any registration fee.
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.
No fees and deposit are applicable.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The licence is valid as from the date of issue to the date the refrigerants are cleared from the customs.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty by the NOU in case of non-utilisation of the licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable among 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?
While issuing the clearance by the NOU, the importers are requested to also seek clearance from the DCCB.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No other administrative procedures.