LAW NO. 20.096 ESTABLISHES CONTROL MECHANISMS APPLICABLE TO THE |! | OZONE DEPLETING SUBSTANCES Having present that the H. National Congress has |! |given its approval to the following Bill: " Title I General provisions Article 1.-The provisions of this law |! |establish and regulate the control mechanisms |! |applicable to the depleting substances of the layer of |! |stratospheric ozone and to the products whose |! |operation requires the use of said substances, |! |the measures aimed at prevention, protection and |! |assessment of the effects produced by The deterioration of |! |the ozone layer, by exposure to radiation |! |ultraviolet, and the applicable sanctions to those who |! |violate those standards. Article 2 °.-The control mechanisms and other measures regulating this law are intended to implement the Montreal Protocol on substances that deplete the ozone layer, which is signed and ratified by Chile and has been enacted. by the Supreme Decree No. 238 of 1990 of the Ministry of Foreign Affairs and its subsequent amendments, in addition to protecting human health and ecosystems affected by ultraviolet radiation. Article 3 °.-As provided for in the previous article, the control mechanisms established by this law allow the registration and supervision of the import and export of ozone depleting substances and of the products used in the ozone layer. in its operation, to apply the restrictions and prohibitions both to those operations and to the national production of the substances indicated where appropriate in accordance with the provisions of the Montreal Protocol, and use and application of such substances and products is carried out in accordance with minimum standards of security for people. Article 4 °.-For the adequate protection of the health of the population against the effects produced by the deterioration of the ozone layer, this law establishes a set of measures of diffusion, prevention and evaluation aimed at generating and providing appropriate and timely information to the subjects exposed to risk and to encourage safe conduct in front of them. Title II Of the controlled substances and products and of the |! |control mechanisms Article 5 °.-For the purposes of this law, it is |! |means "controlled substances" those |! |defined as such by the Montreal Protocol, |! |relative to substances that deplete the ozone layer, |! |individualized in their Annexes A, B, C and E, either in |! |pure state or in mixtures. For the purposes of this law, it will be understood |! | "controlled products" all equipment or technology, be it |! |new or used, containing the substances mentioned in |! |the above paragraph, individualized in the Annex D of the |! | Montreal Protocol. Without the enumeration being |! |taxative, the units are understood in this category |! |air conditioning for motor vehicles, whether |! |incorporated or not incorporated, air units |! domestic or industrial conditioning, the refrigerators |! |domestic or industrial, heat pumps, |! |freezers, dehumidifiers, cooling |! |water, ice making machines, panels |! |insulation and pipe covers, which |! |contain controlled substances. Article 6.-The national consumption of the controlled substances and products referred to in the previous Article shall be adjusted annually to the maximum volumes defined in the progressive reduction targets set by the Protocol of Montreal, until complete elimination, all in accordance with the deadlines foreseen for each substance or product. For this purpose, from the entry into force of this law, all controlled substances and products shall be subject to the control measures and to the restrictions and prohibitions laid down in their provisions. Article 7.-The import and export of controlled substances from and to countries that are not a Party to the Montreal Protocol are prohibited. Article 8.-The import and export of new or used products containing substances controlled by the Montreal Protocol, as referred to in Annexes A, B and Group II of Annex C, to and from countries which are not a Party to the Montreal Protocol. Article 9 °.-The import and export of controlled substances and products, to and from countries Parties to the Montreal Protocol, shall comply with the rules, conditions, restrictions and time limits provided for in that international instrument. To this end, by means of one or more decrees of the Ministry General Secretariat of the Presidency, which will also carry the signature of the Ministers of Finance, Health, External Relations, and Economy, Development and Reconstruction, and, where appropriate, the of the Minister of Agriculture, the substances and controlled products whose import and export shall be prohibited in accordance with the provisions of the Montreal Protocol shall be individualised and shall lay down the timetable and time limits for the validity of the such prohibitions, as well as the respective import and export volumes Annual for the interim period and the criteria for its distribution. The same mechanism will apply when, under new decisions and commitments made by Chile for the implementation of the Montreal Protocol, new substances and products should be included in the prohibition regime described. Once the said decrees or decrees have been issued, the National Director of Customs, in use of their privileges, shall establish a system of administration of the maximum import and export volumes to be determined in those instruments. However, the decrees issued pursuant to this Article may omit the establishment of maximum annual import and export volumes, provided that the official information, validated and provided by the competent bodies, it is established that the internal consumption of the respective controlled substance or product is lower than the target imposed by the Montreal Protocol, and as long as that circumstance lasts. Article 10.-For the purposes of this law, the exceptions provided for in the Montreal Protocol for certain controlled substances shall apply. The exceptions applicable to each controlled substance or product shall be made explicit in the or in the decrees that are issued in accordance with the previous Article. Article 11.-The National Customs Service shall exercise the oversight powers granted to it by law to control the entry and exit of the country from controlled substances and products, at the time the customs destination is submitted and, a posteriori, in accordance with the rules laid down in the Customs Ordinance and in the organic law of the said Service. Article 12.-Without prejudice to the supervision of the health authority, the Agricultural and Livestock Service and other competent bodies, it shall be the responsibility of the Director of the National Customs Office to provide the instructions relating to the form of to establish compliance with the requirements, requirements, documents and visations applicable to controlled substances and products for the processing of the respective customs destinations. In any event, the National Service for the purposes of the customs duties of controlled substances and products which are not yet prohibited, of those for authorized import volumes, or of those exempted in accordance with Article 10. Customs shall require a certificate issued by the respective health authority or the Agricultural and Livestock Service, as appropriate, indicating the approved place where the respective substances, route and conditions of transport are to be deposited. from the customs offices to the place of deposit indicated, and the handling of the same. The certificates referred to in the foregoing paragraph shall be granted by the competent body within the third day of the request and the application may be refused only by means of a reasoned decision, without prejudice to the application of the provisions on negative silence as laid down in Article 65 of Law No 19,880 on Bases of Administrative Procedures. Without prejudice to the foregoing, it shall be the responsibility of the importer and the exporter, respectively, to verify with their foreign or national supplier the nature of the imported or exported product or substance for the purposes of compliance with the rules applicable, corresponding to the customs agent to verify compliance with the requirements or to obtain the authorizations which they have obtained, in accordance with the provisions of Article 77 of the Customs Ordinance. Article 13.-One year after the date on which, in accordance with the provisions of Article 9 of this Law, the prohibition on the import and export of a controlled substance or product is valid, the industrial use of the same. Article 14.-The Ministry of Health shall be responsible for issuing the regulations applicable to the generation, storage, transport, treatment or recycling of controlled substances and products, in which the rules permitting a appropriate audit of the above activities. Article 15.-The regulation shall establish the other rules necessary for the proper application of the provisions of this Title, without prejudice to the normative powers conferred on the competent bodies in this field. Title III Of the measures of dissemination, evaluation, prevention |! |and protection Article 16.-For marketing and |! |industrial use of controlled products that do not |! |are prohibited in accordance with this law, in their |! |labels and advertising must be included a notice |! |note that it warns that said product deteriorates the |! |layer of oz o. The content, form, dimensions and other |! |features of this notice will be determined by the |! |technical regulations that for this effect will dictate the |! | Ministry of Economy, Development and Reconstruction. It will be up to the National Consumer Service |! |ensure compliance with the established obligation |! |in this article, and your infraction will be sanctioned |! |pursuant to Law No. 19.496, on Protection of the |! | Consumer Rights. Article 17.-The scientifically proven effects of ultraviolet radiation on human health shall be evaluated periodically by the Ministry of Health, without prejudice to the functions that the law assigns to other organisms for human health. assessment of such effects on livestock, cultivated plant species, flora and fauna and dependent or related ecosystems. Article 18.-The weather reports issued by means of social communication shall include a background on ultraviolet radiation and its fractions and associated risks. The public and private bodies that measure ultraviolet radiation will do so in accordance with international standards and will provide the necessary information to the Chilean Meteorological Directorate for dissemination. These reports shall express the ultraviolet radiation rate according to the table set out for these purposes by the World Health Organization, and shall indicate, in addition, the geographical locations where special protection is required against the ultraviolet rays. Article 19.-Without prejudice to the obligations laid down in Articles 184 of the Labour Code and 67 of Law No 16,744, employers shall take the necessary measures to effectively protect workers when they may be exposed to ultraviolet radiation. For these purposes, the employment contracts or internal regulations of undertakings, as the case may be, shall specify the use of the protective elements concerned in accordance with the provisions of the Sanitary Conditions Regulation. and Basic Environmental in the Workplaces. The provisions of the foregoing paragraph shall apply to officials governed by the laws Nos. 18.834 and 18.883, in whatever case. Article 20.-Instruments and devices that emit ultraviolet radiation, such as lamps or ampoules, shall include in their technical specifications or labels a warning of the health risks that their use may cause. The content, form, dimensions and other characteristics of this warning will be determined by the technical regulations that the Ministry of Economy, Development and Reconstruction will dictate for this purpose, in conjunction with the Ministry of Health. It shall be for the National Consumer Service to ensure compliance with the obligation laid down in this Article, and its infringement shall be sanctioned in accordance with Law No 19.496 on the Protection of Consumer Rights, without prejudice to the powers of the health authority with regard to the protection of the health of persons. Article 21.-The blockers, goggles and other devices or protective products of the sunburn shall bear indications indicating the protection factor relating to the equivalence of the time of exposure to ultraviolet radiation without protector, indicating their effectiveness at different degrees of ozone deterioration. It shall be for the National Consumer Service to ensure compliance with the obligation laid down in this Article, and its infringement shall be sanctioned in accordance with Law No 19.496 on the Protection of Consumer Rights. Article 22.-When laws and regulations require the display of posters, notices or advertisements on beaches, spas and swimming pools, relating to their fitness for bathing or swimming, or about their state of contamination or safety conditions, Include the following warning: "Long exposure to ultraviolet solar radiation can cause damage to health." Title IV Of the infringements and penalties Article 23.-The one that will import or export |! |controlled substances or products infringing the |! |provisions of this law, its regulations or standards |! |techniques, will be sanctioned with fine of 2 to 50 units |! |monthly taxes, the product of which will be income |! |general of the Nation. The penalties for the aforementioned infringements are |! |applied administratively by the National Service |! |of Customs, by means of the procedure established in the |! | Title II of Book III of the Customs Ordinance, but |! |will not govern your with respect to the reduction established in the |! |article 188 of that normative body. Of the fines applied according to the above paragraph |! |it may be claimed before the General Board of Customs, of |! |compliance with the provisions of Article 186 of the |! | Customs Ordinance. However, in case the violations are |! |constitutive of crimes of contraband or other |! |provided in the laws in force, the responsible will be |! |sanctioned criminally according to these legal norms. Article 24. Other infringements of the provisions of this law shall be punishable by fine, for tax purposes, from 2 to 50 monthly tax units. He shall be competent to hear such offences by the relevant local police judge, without prejudice to the jurisdiction of the courts of the work, where appropriate. Article 25.-The National Director of Customs shall, by way of administrative and prior coordination with the health authority or the Agricultural and Livestock Service, as appropriate, order the disposal or final disposal of the substances and products prohibited, and of those whose import and export is prohibited under this law. Title V Provisions several Articles 26.-The requirement of the |! |certificate provided for in Article 12 of this Law |! |in respect of methyl bromide intended for use in |! |quarantine or preboarding applications shall not apply. In the |! |other cases, the certificate for that substance will be |! |granted by the Agricultural and Livestock Service. Article 27.-The importing, distributing and user entities of methyl bromide shall be required to declare to the Agricultural and Livestock Service, on a quarterly basis, the quantities of the product, acquired, stored, distributed and used, by specific productive activity. Article 28.-The provisions of this law shall enter into force from the date of their publication. " Having complied with the provisions of No. 1 |! |of article 93 of the Political Constitution of the |! | Republic and for how much I have had to approve it and |! |sanctioning; therefore promulgate and take effect |! |as Law of the Republic. Punta Arenas, February 4, 2006.-RICARDO LAGOS |! | ESCOBAR, President of the Republic.-Eduardo |! | Dockendorff Vallejos, Secretary General of the |! | Presidency.-Jaime Campos Quiroga, Minister of |! | Agriculture.-Pedro García Aspillaga, Minister of |! | Health.-Nicolas Eyzaguirre Guzmán, Minister of Finance. What I transcribe to you for your knowledge.-Saluda Atté. to Ud., Edgardo Riveros Marin, |! | Deputy Secretary General of the Presidency. CONSTITUTIONAL COURT Bill establishing protection mechanisms and |! |assessment of effects produced by deterioration |! |of ozone layer The Secretary of the Constitutional Court, who |! |subscribes, certifies that the Honorable Senate sent the |! |bill enunciated in the rubric, approved by the |! | National Congress, so that this Court would exercise |! |the control of constitutionality regarding the article |! | 24 of it, and by judgment of January 31, 2006, |! |given in the cars Role No. 466, stated: 1. That article 24 of the submitted project is |! |constitutional. 2. That article 23 of the submitted project is |! |equally constitutional. Santiago, 1st February 2006.-Rafael Larrain |! | Cruz, Secretary.