THOSE OZONE–DEPLETING SUBSTANCES

Sep 06, 2013 Features / Columnists, Peeping Tom

The right things can be done in the wrong way. And when this happens it can defect from the good intentions.
Just recently the government took a decision to ensure compliance with its international obligations with respect to the phasing out of ozone- depleting substances in Guyana. Unfortunately, this decision is being presented to the public as if there is a ban in place, when in fact all that exists at present are restrictions, aimed at transiting out of the use of chlorofluorocarbons (CFCs) and hydrofluorocarbons (HFCs).
The latter is not considered as ozone-depleting, but a decision was taken at the Rio + 20 summit to restrict their use, because they are considered as a greenhouse gas whose reduction in consumption can appreciably decrease overall greenhouse gases in the environment.
Under international treaties, countries in fact have until 2030 to phase out the consumption of CFCs. This phasing out is usually done through import restrictions. Thus, it is the governments who are required to take steps to progressively phase out the importation and use of CFCs. This is usually done through the allocation of quotas to persons and businesses that import such substances for use locally.
While the decision of the government of Guyana to sound a warning to importers of CFCs and HFCs is therefore commendable, it was disingenuous to announce that stern measures will be taken against persons who import equipment that do not comply with the new requirements.
What are these new requirements and how known are they? It is the Ministry of Agriculture that is responsible for approving of the importation of CFCs and HFCs, and there are quotas in place for the companies that import such gases and materials. How does equipment such as air conditioners that use these gases become affected? These air conditioners have to be gassed up separately. The gas is imported separate from the unit. Why all the talk therefore about restrictions on the use of the air conditioners that use CFCs and HFCs?
The threat therefore about seizing equipment is worrying. After all the country has another seventeen years before it totally phases CFCs and HFCs.
It is important that the government clarifies these rules and regulations which it intends to have enforced, because legitimate businesses may find themselves victims of over-enthusiastic government enforcement agencies who may be inclined to seize all manner of air conditioning and refrigeration equipment under the pretext that these are in violation of Guyana’s obligations, under treaties which may nor may not have been incorporated under municipal law.
On this particular score, the government needs to clarify what are Guyana’s treaty obligations with respect to HFCs that are not considered as ozone-depleting.
What is needed is a transparent approach to this issue in which the government firstly outlines its treaty obligations, and secondly which of those obligations have been incorporated into municipal law and thus are covered by local legislation and regulations.
Thirdly, the government should indicate the range of equipment that is not supposed to be imported and the legal and policy justification for such restrictions. This is very important, since the restrictions of HFCs and CFCs can become a pretext for powerful companies, especially those who are part of a new economic class, whose sales are being threatened by small scale importers of air conditioners and refrigerators, to shut out these small importers.
Guyana’s obligations to phase out the use of CFCs and HFCs must not become a ruse to grant a monopoly to some of the large importers of air conditioners and refrigeration equipment.
There is no international ban on the use of HFCs and CFCs. There are global commitments to phase out the use of CFCs. This should not be used to try to prevent private persons from importing their own air conditioners, more so since the equipment concerned does not come with ozone-depleting gases. These gases are imported separately and have to be injected into the units.
While the government has a duty to control the importation of these substances, they must be careful that they do not overstep their mark or do not allow the restrictions in place to be used for the benefit of big businesses. If anything, it is these big businesses which need to be monitored.

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THOSE OZONE–DEPLETING SUBSTANCES

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