On July 6, 2024, Articles 1-2 of the Law of the Republic of Belarus dated December 29, 2023 No. 332-Z “On Amending the Law of the Republic of Belarus “On the Protection of the Ozone Layer” came into force.
As part of the work to bring legislation into line with the said Law, the following regulatory legal acts were adopted:
- Resolution of the Council of Ministers of the Republic of Belarus dated May 29, 2024 No. 387 "On Amending Resolutions of the Council of Ministers of the Republic of Belarus";
- Resolution of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus dated May 30, 2024 No. 34 "On Amending the Resolutions of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus dated December 19, 2008 No. 122 and dated December 8, 2014 No. 42";
- Resolution of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus dated June 14, 2024 No. 35 "On Amending the Resolution of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus dated January 21, 2022 No. 9".
The legislative changes are aimed at implementing the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer of September 16, 1987, which provides for the regulation of the consumption of hydrofluorocarbons.
For reference: hydrofluorocarbons are widely used as refrigerants in refrigeration and air conditioning systems, and are also used in gas fire extinguishing systems and for the production of porous products.
According to the Montreal Protocol, consumption = import + production – export.
Considering the lack of production of hydrofluorocarbons in the Republic of Belarus, our consumption is entirely determined by their import.
In this regard, the ratification of the Kigali Amendment to the Montreal Protocol in the Republic of Belarus was considered as one of the areas of import substitution for the purpose of a gradual phase-out of synthetic freons and a transition to natural refrigerants (substances that exist in nature or are obtained from natural raw materials, such as natural gas).
Natural refrigerants include inorganic refrigerants: ammonia, carbon dioxide, water and air, as well as organic refrigerants: butane, isobutane, isopentane, methane, propane, propylene, ethane, ethylene, etc.
According to the Kigali Amendment to the Montreal Protocol, by 2036, HFC consumption in Belarus must be reduced by 85% or to a level of no more than 0.762 million tons of CO2 eq per year.
Consumption of hydrofluorocarbons in our country in 2022 amounted to 3.514 million tons of CO2 eq.
The import of ozone-depleting substances (including hydrofluorocarbons), as well as their mixtures, into the Republic of Belarus is possible within the limits of permissible consumption volumes established by Resolution of the Council of Ministers of the Republic of Belarus of March 7, 2023 No. 170 “On measures to protect the ozone layer and climate” (hereinafter referred to as Resolution No. 170) in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer, September 16, 1987.
Taking into account previously issued licenses for the import of ozone-depleting substances, the estimated level of consumption of hydrofluorocarbons for 2024, specified in the second paragraph of subparagraph 1.2 of paragraph 1 of Resolution No. 170, has been achieved.
In connection with the above, in accordance with the second paragraph of clause 14 of the Regulation on the import to the customs territory of the Eurasian Economic Union and the export from the customs territory of the Eurasian Economic Union of ozone-depleting substances and products containing ozone-depleting substances (Appendix No. 20 to the Decision of the Board of the Eurasian Economic Commission of April 21, 2015 No. 30 “On non-tariff regulation measures”), the Ministry of Natural Resources and Environment ceases to approve the issuance of licenses for the import of ozone-depleting substances in 2024.
At the same time, we inform you that in accordance with paragraph two of part nine of Article 16 of the Law of the Republic of Belarus dated November 12, 2001 No. 56-Z “On the Protection of the Ozone Layer” and subparagraph 1.3 of paragraph 1 of Resolution No. 170, the approval of the issuance of licenses for the import of ozone-depleting substances in 2025 will be carried out taking into account the quantitative restrictions on the import of ozone-depleting substances into the Republic of Belarus established in accordance with subparagraph 1.3 of paragraph 1 of Resolution No. 170, which will be distributed in accordance with the Regulation on the procedure for distributing quantitative restrictions on the import of ozone-depleting substances into the Republic of Belarus, approved in accordance with paragraph 11 of Resolution No. 170.
The forms for requesting the distribution of quantitative restrictions for 2025 and submitting the information required to carry out the distribution of quantitative restrictions will be announced additionally.
