Methyl bromide

Member: 

Basic information

1

Outline of the system

Import (non-automatic) permits are required for the importation of methyl bromide in all forms, in order to comply with the timetable for gradually eliminating methyl bromide and controlling consumption as part of national obligations under the Montreal Protocol.

Authorization to import these substances is granted only to firms duly registered under the registration system administered by the Office of Plant Health (SENASA) of the Ministry of Agriculture and Livestock (SAG) and SERNA's Technical Ozone Unit.

2

Product coverage

Import licences or authorizations are necessary for methyl bromide in whatever formulation, the most commonly used in the country being 98 per cent and 67 per cent.

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

If Non-Automatic, description of the notified Non-Automatic Licensing regime

Import (non-automatic) permits are required for the importation of methyl bromide in all forms, in order to comply with the timetable for gradually eliminating methyl bromide and controlling consumption as part of national obligations under the Montreal Protocol.

5

Products under restriction as to the quantity or value of imports

The purpose of authorizations for importation of methyl bromide is to control the quantities of this substance imported per annum, in accordance with the methyl bromide elimination timetable in force.

6

Questions for products under restriction as to the quantity or value of imports

With regard to imports of methyl bromide, Honduras has a timetable for reducing and eliminating imports, limiting quantities for each year until the goal of zero imports is attained from 2013 onwards. Please see Answers 6.1-6.11.

7

The system applies to products originating from which country?

The import licensing system applies to products from all countries without exception.

8

Expected duration of licensing procedure

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

An application for import authorization may be made by any firm recorded in the importers' register administered by the SENASA management, in conjunction with the provisions of the General Regulations on the Use of Substances Which Deplete the Ozone Layer.

13

What persons or firms are eligible to apply for a licence?

An application for import authorization may be made by any firm recorded in the importers' register administered by the SENASA management, in conjunction with the provisions of the General Regulations on the Use of Substances Which Deplete the Ozone Layer.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

16

Ministry/Authority

17

Address

18

Telephone

19

Fax

20

E-mail address

21

Website

22

Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Technical Ozone Unit, Ministry of Natural Resources and the Environment

Documentation requirements

24

What information is required in applications?

The main data to be provided in the import application are the precise quantities of the product to be imported, tariff classification, trade name, type of compound (per cent active ingredient), port of entry, final destination, country of provenance, and exact name and address of the firm from which the substance is being obtained.

25

What documents is the importer required to supply with the application?

A copy of the pro forma invoice for the importer's order or purchase must be attached.

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

Applications must be made prior to importation and are processed within the next five working days following the date of receipt of the application containing all the required information, otherwise not until all the information has been supplied. As regards UTOH, the corresponding SENASA action will depend on its established procedures.

27

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

Available quotas or totals for methyl bromide imports are valid only for the current year. It is not possible to carry over quantities from previous years or make advance use of quantities for future years, because Honduras, as a member of the Montreal Protocol, is required each year to communicate its statistics on consumption of these substances, and the country's consumption is measured on the basis of imports, which may not exceed the annual limits permitted under the provisions of the Montreal Protocol.

Issuing the license

28

Can a licence be granted immediately on request?

No.

29

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

For imports arriving at the port of entry without the necessary authorization, the latter is granted if the quantities imported are within the permitted quantities; otherwise the surplus or non-permitted quantities are seized and the firm incurs an administrative penalty from the DEI, SERNA and SAG and a penal sanction from the competent bodies such as the Border Police and the Special Environment Prosecution Authority.

30

Which administrative body is responsible for approving application of licences?

31

Must the applications be passed on to other organs for visa, note or approval?

32

Are there any other conditions attached to the issue of a licence?

No.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

No.

34

What is the amount of the fee or charge?

35

Is there any deposit or advance payment required associated with the issue of licences?

No.

36

Amount or rate?

37

Is it refundable?

38

What is the period of retention?

39

What is the purpose of this requirement?

Refusal of an application

40

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

The main reason for refusing an import authorization for methyl bromide is that no quota is available or that the quota available to the importing firm has been used up, or where the substance the firm seeks to import is not registered by the relevant office or there is inadequate technical information to permit identification and classification of the substance.

41

Are the reasons for any refusal given to applicants?

42

Have applicants a right of appeal in the event of refusal to issue a licence?

43

If so, to what bodies and under what procedures?

Importation

44

Are there any limitations as to the period of year during which importation may be made?

45

What documents are required upon actual importation?

In addition to the documentation required by the General Directorate of Customs, the importer must present the import authorization granted by the UTOH, which must correspond in all details and quantities to the invoices and certificates for the products imported; this will be checked by the customs official at the port of entry of the product, as well as further information required by the SENASA pest control office.

46

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

There are no other procedural requirements prior to importation.

Conditions of licensing

47

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

Authorization is granted for each import applied for and is valid for a period determined on a prudential basis. It cannot be extended where the importer does not import the products within the period of validity, in which case the importer will have to submit a further application explaining the causes or reasons for failure to import. The original authorization will be cancelled and another will be issued with a new period of validity.

48

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

There is no penalty for non-use or partial use. If the permitted quantities are exceeded, the importer incurs a penalty and the surplus is seized.

49

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

They are not transferable.

Foreign Exchange

50

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Not applicable.

51

Is a licence required as a condition to obtaining foreign exchange?

52

Is foreign exchange always available to cover licences issued?

53

What formalities must be fulfilled for obtaining the foreign exchange?

The following questions are only 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)

6.1

Where is information on allocation and formalities for licences published? 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?

Information on the limited quantities of methyl bromide to be imported per annum was given in an appendix to the General Regulations on the Use of Substances Which Deplete the Ozone Layer, published in the Official Gazette (La Gaceta) in November 2002.

6.2

Is the size of the quota determined: on 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 a fresh licence on a six-monthly or quarterly basis?

The quantity or volume of methyl bromide must be calculated on the basis of the quantity fixed as the baseline for the country, which is the product of the average quantities reported as consumed in the period 1995-1998, frozen in the year 2002. From that year until 2013 these quantities must show a gradual decrease, the percentage of which will vary according to each country's individual undertakings under the Montreal Protocol.

6.3

Are licences allocated 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 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)

The quota for bromide products in the case of Honduras is allocated as a consumption average for each firm registered with the SENASA pest control office of the Ministry of Agriculture and Livestock. Authorization to import is granted to applicant firms and SENASA is responsible for issuing and checking other necessary documentation such as the corresponding product registers for each import permit; quantities and restrictions are managed or agreed together with the other member states of the Montreal Protocol who apply legislation and import controls of this kind.

6.4

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?

Quotas and quantities are annual; they terminate on the last day of the last month of the year and give entitlement from the first day of the first month of the year; surplus quantities which have not been applied for within the period of validity may not be carried over to the following year. Applications are made according to the needs or the procurement programme drawn up by each firm, and the UTOH authorizes SENASA to issue import permits only for quantities coming within the limits which the country is permitted to import each year.

6.5

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

From the first of January to the second half of December each year.

6.6

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

Not applicable, as authorizations are given within the period corresponding to each importation period, in this case within the current year.

6.7

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?

Applications for importing methyl bromide are dealt with by the UTOH, a section of SERNA, which is responsible for applying the Montreal Protocol at national level, and by the SENASA pest control office of the Ministry of Agriculture and Livestock.

6.8

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?

The total quantities which the country is permitted to import each year are administered by the UTOH, which, in conjunction with the SENASA management, controls the registration system for importers and distributors of these substances at national level. The amounts (percentages) of methyl bromide making up the import total are allocated by the project office to each firm in proportion to the average imports reported and registered in previous years; they are allocated to each firm at the start of the year and are granted as and when applications are received.

6.9

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?

Honduras envisages a corresponding measure within the existing legal framework for the importation of ozone-depleting substances.

6.10

In cases where imports are allocated 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?

Import permits and authorizations are granted under the procedures laid down in the current Regulations on the Use of Substances Which Deplete the Ozone Layer, and the procedures laid down in the Law on Plant Health in force.

6.11

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

Not applicable.