Brazil. (Information provided in July 2000)

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1 (Information provided in July 2000) 1 Status Brazil ratified the Montreal Protocol on March 19, 1990, the London Amendment on October 1, 1992 and the Copenhagen Amendment on May 30, Brazil is a federation of states and an Article 5 country. 2 ODS Focal Point The Ministry of Development, Industry and External Commerce (Ministerio do Desenvolvimento, Industria e Comércio Exterior) has the main responsibility for implementing ODS phase-out strategies. Main contact person: Reginaldo Arcuri Secretaria de Desenvolvimento da Produção-SDP Ministério do Desenvolvimento, Indústria, e Comércio Exterior Esplanada dos Ministérios - Bloco J - 5 andar Brasília/DF, Brazil CEP: Tel: (55-61) Fax: (55-61) Brazil has an Interministerial Executive Committee (PROZON) that co-ordinates actions related to the protection of the ozone layer at federal level. Members of the PROZON are: The Ministry of Industry, Commerce and Tourism, as Co-ordinator: Getúlio Valverde de Lacerda (office holder) Evandro Soares (substitute) The Ministry of Foreign Affairs Enio Cordeiro (office holder) Vivian Loss Sanmartin (substitute) The Ministry of Agriculture and Provision Augusto Cesar Vaz de Atayde (office holder) Renato Cruz Sena (substitute) The Ministry of Health Roque Monteleone Neto (office holder) Marcelo Azalim (substitute) The Ministry of Science and Technology Caspar Erich Stemmer (office holder) Maria Helena Brito Macedo (substitute) The Ministry of Environment, Water Resources and Legal Amazone Marília Marreco Cerqueira (office holder) Francisca Mendes Menezes (substitute) The Ministry of Planning and Budget Leonardo Borba Neira (office holder) Ariel Cecílio Garces Pares (substitute) The federal Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) is responsible for the control of all enterprises that produce, import, export and use ODS in Brazil. 149

2 Regulations to Control Ozone-Depleting Substances: A Guidebook 3 Regulations and Guidelines The following regulations are used to control ODS: 1 Decree authorising the manufacturers of aerosols to use labels or stamps showing the text CFC free Do not deplete the ozone layer (Portaria MS-NR 01), issued by the Ministry of Health (Ministério da Saúde) on August 19, 1988, official number and cited here MS-NR 01/ Decree prohibiting the use of CFCs as a propellant in the manufacturing and trade of aerosols (Portaria MS-NR 534), issued by the Ministry of Health on September 21, 1988, official number and cited here MS-NR 534/88. 3 Decree specifying the substances referred to in Portaria MS NR 534 as substances in Annex A of the Montreal Protocol (Portaria MS-NR 647), issued by the Ministry of Health on July 4, 1989, official number and cited here MS-NR 647/89. 4 Decree requesting the producers, importers, exporters, traders and users of ODS to register their enterprise at IBAMA (Portaria IBAMA 29/95), issued by IBAMA on May 4, 1995, official number and cited here IBAMA 29/95. 5 Resolution implementing the Brazilian Country Programme, issued by the National Council for the Environment (CONAMA) on December 13, 1995, official number and cited here CONAMA 13/95. 4 Controls on ODS in Bulk (other than methyl bromide) 4.1 Production, import, export and sale of ODS in bulk There is no ban on production or import of any ODS but all enterprises which produce, import, export and sell more than one tonne of substances covered by Annex A, B and C of the Montreal Protocol must be previously registered by IBAMA and report to IBAMA on their annual production, import, export and trade in these substances (CONAMA 13/95 Art. 1-2, IBAMA 29/95 Art. 1 p. 1) 2. Special registration and annual reporting forms are established (IBAMA 29/95, Art. 1 p. 2 and the annex). Each quarter the enterprises which sell the controlled substances should provide IBAMA with a list of companies which have bought these substances, stating their IBAMA registration number and the quantities (CONAMA 13/95 Art. 3). The Department of Environmental Quality of the Directory of Control and Supervision (DIRCOF) at IBAMA is in charge of the register and the inventory (IBAMA 29/95 Art. 4). Contact person: Dra. Gisela Damm Forattini, Director Diretoria de Controle e Fiscalização (DIRCOF) Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) Av. L4 Norte S/N, Edificio Sede do IBAMA Bl.C. Brasilia - DF, CEP: Tel: (55-61) Fax: (55-61) , Import of recycled Annex A and Annex B chemicals is prohibited (CONAMA 13/95, Art. 6). 4.2 Monitoring import of ODS Monitoring ODS import is based on the mandatory reporting by all importers and customs statistics. No adjustments have been made to the customs procedures or customs codes. Information on ODS import is compiled by the External Trade Secretariat at the Ministry of Industry, Trade and Tourism (SECEX). SECEX controls all import and export trade and has offices in all ports. All prohibited chemicals are registered at SECEX. 4.3 ODS import from and export to non-party countries Since December 31, 1995 import from or export to Non-Party countries of substances controlled under Annex A and B of the Montreal Protocol is prohibited (CONAMA 13/95, Art. 5). 2 The same requirements apply also to enterprises which use ODS, see Sect

3 5 Controls on Import and Sale of Products Containing, Made with or Using ODS 5.1 Regulations applicable to all countries Trade in cosmetic and similar aerosol products which contain substances covered by Annex A of the Montreal Protocol is prohibited (MS-NR 534/88 as specified by MS-NR 647/89). See also section 6 on prohibition of the use of certain equipment whether produced nationally or imported. 5.2 Import from Non-Party countries Trade with Non-Party countries in products containing ODS has been prohibited since January 1, Controls on the Use of ODS (other than methyl bromide) - End Use Controls As of July 1989 substances covered by Annex A of the Montreal Protocol may not be used in the manufacturing of cosmetic and similar aerosol products (MS-NR 534/88 as specified in MS-NR 647/ 89). The Ministry of Health (Ministério da Saúde, MS) is in charge of implementing this regulation. Contact person: Sr. Elisaldo Carlini Secretário de Vigilância Sanitária Divisão de Saneamento da Secretaria de Vigilância Sanitária Ministério da Saúde (Ministry of Health ) Tel: (55-61) Fax: (55-61) Enterprises which use more than one tonne of Annex A, B and C substances must register with IBAMA (CONAMA 13/95 Art. 1-2, IBAMA 29/95 Art. 1 p. 1). The CONAMA 13/95 prohibits use of CFCs, halons, carbon tetrachloride and 1,1,1-trichloroethane in new systems, equipment and products, whether produced nationally or imported, by the following dates: Aerosols: - as propellant (all products) Dec (CONAMA 13/95, Art.4, I) - as solvent Jan (CONAMA 13/95, Art.4, II) Foams: - rigid and semi-rigid foams Jan (CONAMA 13/95, Art.4,III) Refrigerants: - central air-conditioning systems Dec (CONAMA 13/95, Art.4, I) - refrigeration systems with Dec (CONAMA 13/95, Art. 4.I) compressors > 100 HP - mobile air-conditioning systems, - in new models released after Jan (CONAMA 13/95, Art.4, II) - all models Jan (CONAMA 13/95, Art.4,III) - domestic refrigerators/freezers Jan (CONAMA 13/95, Art.4, III) - all other refrigeration systems Jan (CONAMA 13/95, Art.4, III) Solvents: - all applications Jan (CONAMA 13/95, Art.4, II) Sterilants: Jan (CONAMA 13/95, Art.4, III) Applications which are designated as essential use under the Montreal Protocol are exempted (CONAMA 13/95, Art. 4, 1-2). 7 Controls on Service and Installation of Refrigeration and Airconditioning Equipment The use of disposable cylinders to store, sell or transport CFC 11 and CFC 12 is prohibited (CONAMA 13/95, Art. 7). The Interministerial Executive Committee (PROZON) has an established co-operation with several trade associations to promote reduced use and emissions of ODS refrigerants, see section

4 Regulations to Control Ozone-Depleting Substances: A Guidebook The Industrial National Training Service (SENAI) and the Commercial National Training Service (SENAC) are engaged in codes of practice to reduce the use and emissions of ODS refrigerants. Contact persons: Fabio Luiz Marinho Haddad (officer in charge) SENAI/SP - National Service of Industrial Apprenticeship Praça Alberto Lion n o Cambuci - São Paulo/SP, Brazil, CEP: Tel: (55-11) Fax: (55-11) Paulo Egevan Rosetto Technical Co-ordinator CFP 1.08 (Centro de Formação Profissional) Escola Oscar Rodrigues Alves Rua 1822, n o 76 - Bairro Ipiranga - São Paulo/SP, Brazil, CEP: Tel: (55-11) Fax: (55-61) Controls on Methyl Bromide Methyl bromide is used as a pesticide, mainly in soil fumigation for tobacco production. It is considered a dangerous chemical and registered provisionally, subject to annual analysis by IBAMA technicians. Brazil intends to begin limiting the use of methyl bromide in the year At that point in time the annual use of methyl bromide will be reduced by 20 per cent each year, relative to the year 2000, with a complete phase out by the year The responsibility for strategies to limit use and emissions of methyl bromide, with regard to its effects on the ozone layer, is shared between IBAMA, the Ministry of Health and the Ministry of Agriculture and Agrarian Reform (Ministério da Agricultura). Contact persons: Dra. Zilda María Farìa Dra Gisela Damm Forattini, Director Head of Department - DEAMB/IBAMA Diretoria de Controle e Fiscalização (DIRCOF) Av. L4 Norte S/N, Edificio Sede do IBAMA Bl.C. see section 4.1 Brasilia - DF, CEP: Tel: (55-61) , Fax: (55-61) Mariza Zerbeto Geralbis Ramos Head of Division Ministry of Agriculture and Agrarian Reform Department of Environmental Quality - DEREL-IBAMA Tel: (55-61) Tel: (55-61) Fax: (55-61) Fax: (55-61) Marcus Valadão (officer in charge) Ministry of Agriculture and Agrarian Reform Esplanada dos Ministérios Bl. D Anexo Sala 342, Brasilia - DF, CEP: Tel: (55-61) Fax: (55-61) Voluntary Agreements Brazil has entered into voluntary agreements with the industry associations on actions to phase out ODS. The Interministerial Executive Committee (PROZON) has an established co-operation with the following trade associations and institutions aimed at promoting the reduction of use and emissions of ODS: Brazilian Association of Aerosol Industries (ABA) Contact person: Hugo Chaluleu, fax: (55-61) ; Brazilian Association of Machine and Compressor Industries (ABIMAQ) Contact person: Ibsão Yoshida, fax: (55-61) ; Electrical and Electronic Industry Association (ABINEE) Contact person: Jaime Brandão, fax: (55-61) ; Brazilian Association of Chemical Industries (ABIQUIM) Contact person: Edson Dalton Raposo, fax: (55-61) ; Brazilian Association of Fire Extinguishing Equipment and High Pressure Cylinders Industries (ABIEX); Plastic Industry Association (ABIPLAST); Brazilian Association of Gas Industries (ABRAPAR) Contact person: Jonh Julio Jansen, fax: (55-61) ; 152

5 Refrigeration, Air-conditioning and Heating Association (ABRAVA) Contact person: Fuede Abdalla and Jorge Calouche, fax: (55-61) ; Brazilian Association of Cool Transportations (ABTF); Automotive Manufacturers Association (ANFAVEA) Contact person: José Edson Porro, fax: (55-61) ; Brazilian Institute of Cold Technology (IBF); National Plastic Institute (INP) Contact person: José Simantob Neto, fax: (55-61) ; Agricultural Chemicals Industries Trade Union (SINDAG) Contact person: Yapery Tupassu, fax: (55-61) All these organisations are involved in activities to reduce the use and emissions of ODS. They are all members of the Enterprises Council to Implement the Montreal Protocol in Brazil (CCSEE). 10 Economic Incentives and Disincentives Brazil intends to introduce economic incentives to encourage the use of alternatives to ODS (reducing import tax from 14 per cent to 2 per cent) and economic disincentives to discourage use of ODS (increasing import tax from 10 per cent to 20 per cent). The implementation of these measures are under negotiation within MERCOSUL/MERCOSUR (the Southern Cone Common Market). 11 Labelling Requirements MS-Nr 01/88 authorises registered manufacturers of cosmetic and sanitary aerosol products to use labels showing the text CFC free and Do not deplete the ozone layer. The Ministry of Health (see Section 6 above) is in charge of the implementation of this regulation and approves the use of such labels. With the exception of the approval mentioned above, there is not a requirement for the mandatory verification of products which are labelled as not containing or made without ODS. 12 Criteria for Selection of Alternatives Brazil has not established governmental guidelines for the selection of acceptable alternatives to ODS. 153