Basic information
Outline of the system
Regulation no. 586/2002, based on EU regulation no. 2037/2000 on substances that deplete the ozone layer, controls import, export, production and use of ozone depleting substances. This regulation replaces older regulations in this field, regulation no. 656/1997 concerning preventive measures against ozone-depleting substances.
Regulation no. 586/2002 deals with reduced quota on import of hydrochlorofluorocarbons (HCFCs). It bans the use of halon 1301 and halon 1211 and use of HCFC for the foam industry. Regulation no. 656/1997 established a quota system for import of HCFCs. Administrative approval is required prior to import. Import of other ozone-depleting substances has been banned; since 1 August 1993 for halons, since 1 November 1994 for hydrobromfluorocarbons (HBFCs) and methyl bromide, since 1 January 1996 for methyl chloroform and since 1 January 1995 for chlorofluorocarbons (CFCs) and carbon tetrachloride. Import of aerosols containing CFC has been banned since 1 January 1990, imports of CFC for insulation since 1 January 1994. Import and sale of limited amount of metered dose inhalers containing CFC has been granted on a yearly basis.
Administrative approval is required prior to import of manufactured products that may contain ozone-depleting substances such as refrigerators and portable fire extinguishers.
The administrative approval required prior to import is called import license in this document on Ozone Protection.
Product coverage
Ozone-depleting substances are controlled under the Montreal Protocol on Substances that deplete the Ozone Layer. Within Iceland, Regulation no. 586/2002, earlier Regulation no. 656/1997, implements the control agreed by Parties to the Montreal Protocol and by the EC Regulation no. 2037/2000, earlier regulation no. 3093/1994, on substances that deplete the ozone layer. Import licenses have been required for HCFC since April 1995.
Import licenses for products that may contain CFC and halons have been required since 1 January 1995, for products that may contain HCFC since 1 January 1996. Import licenses for recycled or reused HCFCs have been required since August 1995. Now it is only allowed to import HCFC as refrigerants.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The import licenses for HCFCs are intended to restrict quantities. Annually we now import about 90% the maximum allowable quantities of HCFCs under Regulation no. 586/2002. There is no quota on import of reclaimed HCFC, only virgin HCFC.
The import licenses for manufactured products under certain custom codes that may contain halon, CFC or HCFC is to ensure that no such goods are imported.
The import license for recycled or reused HCFC is intended to ensure that the substances meet minimum requirements for purity, to check on the country of origin of the substance and also to control quantities.
Alternative methods have not been adopted, as it would not be consistent with international legal obligations.
Questions for products under restriction as to the quantity or value of imports
See answers 6.1-6.11
The system applies to products originating from which country?
The system applies to goods originating from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Act no. 52/1988 on toxic and hazardous chemical substances. Regulation no. 586/2002, on substances which deplete the ozone layer, articles 5, 6 and 11 and Annex 2. The licensing is required under Regulation no. 586/2002.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
The system cannot be abolished without legislative measures.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Yes.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
There is no application form. The applicant is requested to submit the following information:
- name and address of applicant;
- amount of substance proposed to import;
- the proposed use of substance;
- amount imported in the last five years.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
About 1-2 days for import licenses for recycled or reused HCFCs, 1-2 days for import licenses for manufactured products that may contain HCFC.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Permits may be issued at any time of the year.
Issuing the license
Can a licence be granted immediately on request?
In most cases, licenses cannot be granted immediately upon request.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
About 2 3 weeks for licenses given as exceptions from existing ban on import. Licenses can be given for goods that have arrived at the port.
Which administrative body is responsible for approving application of licences?
The Environmental and Food Agency of Iceland consider applications for import licenses. The Ministry for the Environment grants licenses given as exemptions. Approval is required from the Environmental and Food Agency of Iceland.
Must the applications be passed on to other organs for visa, note or approval?
No.
Are there any other conditions attached to the issue of a licence?
Yes. Trading with countries that are not Parties to the Montreal Protocol is prohibited. Reporting requirements apply to all licenses.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
Five hundred Icelandic krona, each time supplies are imported.
Is there any deposit or advance payment required associated with the issue of licences?
No.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
If applicants meet criteria, the license is granted.
Are the reasons for any refusal given to applicants?
Reasons for refusal would be given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes.
If so, to what bodies and under what procedures?
The applicant can appeal to the Ministry for the Environment for review of refusal to issue a license. The decision of the Ministry can be appealed according to the Act no. 37/1993 on Administration.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Standard customs documentation and approval from the Environmental and Food Agency of Iceland.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
For HCFC, one year. No.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No. Not applicable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Yes.
Is a licence required as a condition to obtaining foreign exchange?
No.
Is foreign exchange always available to cover licences issued?
Yes.
What formalities must be fulfilled for obtaining the foreign exchange?
A form has to be filled out with the name and ID number of the applicant.
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)
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?
The Environment and Food Agency of Iceland (Umhverfisstofnun) deals directly with known importers. There are only 5 importers, located in the Reykjavik area. The importers can apply for a quota to the Environment and Food Agency of Iceland before December 10th each year according to Regulation 586/2002.
The overall amount of allowable virgin HCFC is published in Regulation 586/2002. The amount allocated from each country is not published nor the maximum amount allocated to each importer. Exceptions can be sought through the Ministry for the Environment.
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?
Quotas are allocated on a yearly basis for the time period 1 January to 31 December. The size of the quota for each importer is determined from each applicants mean import of HCFC five previous years before the application. Amount left from the total allowable import is divided between all applicants based on the principle of equality and proportionality.
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)
Not applicable, there is no production of ozone-depleting substances in Iceland. Not applicable. No. Yes.
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?
Any time before 10 December each year for quota for the following year.
What are the minimum and maximum lengths of time for processing applications?
Two weeks.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Theoretically it can be done within the same day.
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?
Yes, the Environmental and Food Agency of Iceland. Not applicable. Not applicable. No.
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?
Past performance, see II above. Anyone may apply for a license. Applications are examined simultaneously.
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?
There are no such bilateral arrangements. Not applicable.
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?
Not applicable.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No.