Cabinet Decision on the Cabinet Order for the Partial Revision of the Order for Enforcement of the Act on the Protection of the Ozone Layer through the Control and Other Measures on Specified Substances and Other Substances

December 21, 2021

Today, a Cabinet decision was made on the Cabinet Order for the Partial Revision of the Order for Enforcement of the Act on the Protection of the Ozone Layer through the Control and Other Measures on Specified Substances and Other Substances. This Cabinet Order newly eliminates the need for approval for production quantities of hydrochlorofluorocarbons for laboratory and analytical uses. It also removes the expiration for a temporary measure that eliminated the need for approval for production quantities of specific substances for laboratory and analytical uses, and makes it permanent.

Background to the revision

The Order for Enforcement of the Act on the Protection of the Ozone Layer through the Control and Other Measures on Specified Substances and Other Substances (Cabinet Order No. 308 of 1994; hereinafter referred to as “Enforcement Order”) is the relevant domestic law to the Montreal Protocol on Substances that Deplete the Ozone Layer. This Cabinet Order makes necessary revisions to the Enforcement Order in response to the changes to the Protocol. The changes are: new addition of hydrochlorofluorocarbons (hereinafter referred to as “HCFC”) produced for laboratory and analytical uses to temporary exemptions from production restriction at the 30th Meeting of the Parties (November 2018); and a decision to indefinitely extend the expiration (December 31, 2021) of the exemption of specified substances including HCFC from the production restriction at the 31st Meeting of the Parties (November 2019).

Details of the revision

  1. Newly includes laboratory- and analytical-use HCFC in specified substances, etc. and specified uses provided by a Cabinet Order under Article 13, Paragraph 1 of the Act, and eliminates the need to obtain approval for production quantities (Article 3 of the Enforcement Order).
  2. Removes the expiration (December 31, 2021) for the temporary measure to exempt specified substances, etc. for laboratory and analytical uses from the need for approval for production quantities, and makes it a permanent measure (Paragraph 3 of the Initial Supplementary Provisions to the Enforcement Order).

Future schedule

Promulgation and effective date
   December 24, 2021 (scheduled)