NIGERIA: PROTECTING THE OZONE LAYER
Stephanie Orji
United Nations (UN) sustainable Development Goal 13 – Take Urgent Action to Combat Climate Change and its Impact.
The Regulation and the Agency
National Environmental (Ozone Layer Protection and Hydrofluorocarbons Phase down) Regulations, 2022 came into effect on the 26th day of April, 2022. Its Objectives are as follows-
“1. The objectives of these Regulations are to specify the guidelines and direction for the use, handling, servicing, record keeping, labeling, alternatives and safe disposal of Ozone Depleting Substances (ODS), Hydrofluorocarbons (HFCs), and Refrigeration and Air-conditioning (RAC).”1
The scope and application of the Regulation is as follows-
“2. These Regulations shall apply to operators and handlers of ODS, HFCs and in the relevant areas of RAC and Foam sectors”.2
National Environmental Standards and Regulations Enforcement Agency (NESREA) has as its functions, amongst others –
“…
• enforce compliance with laws, guidelines, policies and standards on environmental matters;
…
• enforce compliance with the provisions of international agreements, protocols, conventions and treaties on the environment including climate change, biodiversity conservation, desertification, forestry, oil and gas, chemicals, hazardous wastes, ozone depletion, marine and wild life, pollution, sanitation and such other environmental agreements as may from time to time come into force;3
…”
NESREA also issues permits to ODS and HFC handlers, sets out and enforces compliance with the conditions in the permit.4
The Regulation also stipulates the powers and responsibilities of The National Ozone Office, to wit-
“3. The National Ozone Office shall-
(a) oversee the national compliance strategy on the phase out of ODS and the phase down of HFCs, collection and reporting of ODS and HFC data, and monitoring and facilitating ODS phase out activities in the country;
(b) issue the annual maximum quantity (annual quota) of ODS and HFCs to be imported into the country, in accordance with the Montreal Protocol and Kigali Amendment; and
(c) certify handlers of ODS, HFCs and their alternatives.”5
The Regulation also vests some responsibilities on the Nigeria Customs Service to prevent the illegal importation and exportation of ODS and HFCs; and to prevent or ban import or export of ODS and HFCs from Montreal Protocol non-compliant countries.6
Part vii of the Regulation stipulates offences and penalty provisions, Regulations 33 to 38. One of the prohibited substances is Halon7.
The following are commonly seen in the Regulation – Ozone, ozone layer, ozone depleting substance, Hydrofluorocarbon (HFC), RAC, etc., the interpretation part (Regulation 41) of the Regulations has defined them to wit-
“Halon” means a bromofluorocarbon ;
“Hydrofluorocarbons” means any hydrofluorocarbons controlled by and listed under the Kigali Amendment to the Montreal Protocol ;
“Ozone” means the layer of gas containing three atoms of oxygen formed at the stratosphere within 10 to 50km above the surface of the earth ;
“Ozone layer” means the layer of gas containing ozone formed at the stratosphere within 10 to 50km above the surface of the earth. This layer of gas has the ability to shield the earth from harmful ultra-violet radiation ;
“Ozone-depleting substance” means a substance or mixture of substances listed in the Second and Eight Schedules to these Regulations, including their isomers ;
“RAC” means Refrigeration and Air-Conditioning ;
Regulation 15-
“15.-(1) An application for a Refrigeration and Air-conditioning (RAC) Special Permit shall be made in the appropriate form prescribed by the Agency, and the applicant shall provide all the information listed in the form.
…”
The above provision has not stated whether it is normal everyday users of refrigeration and air-conditioning or industrial and heavy users of refrigeration and air-conditioning, or the dealers who should apply for such permit. Unless perhaps this vital piece of information is contained in the permit or application process, however the Regulation should still clearly state so.
There are 11 Schedules attached to the Regulation. It is a specialized area of law, from the schedules attached and some of the terminologies used in the Regulations, it is clear that it is scientific in nature.
Thank you.
Stephanie Orji lawyers at Heptagon & Associates, a full service law firm in Abuja, Nigeria.
8-July-2024.
- National Environmental (Ozone Layer Protection and Hydrofluorocarbons Phase down) Regulations, 2022, Regulation 1 ↩︎
- Ibid Regulation 2 ↩︎
- https://nesrea.gov.ng/our-functions/ accessed on 8th of July, 2024. ↩︎
- Op. Cit. Regulation 4, 11 ↩︎
- Op. Cit. Regulation 3 ↩︎
- See Regulation 5 ↩︎
- See Regulation 36(1) ↩︎