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In line with the country’s obligation and commitment as a party to the Montreal Protocol on Substances that Deplete the Ozone Layer, the National Methyl Bromide Phase-out Strategy was instituted and implemented starting January 2005 with the Fertilizer and Pesticide Authority (FPA) as the lead agency.

On May 4, 2005, FPA Memorandum Circular No. 02 series of 2005 was issued providing the guidelines for all handlers of methyl bromide (MB). MC No. 02 defined, among others, the procedures and requirements covering the importation, distribution and usage of methyl bromide in accordance with the Protocol’s reduction and phase-out schedule for controlled/non-QPS MB application reckoned from the country’s reference baseline of 10.3 ozone depleting potential (ODP) tons. Controlled/non-QPS MB use include soil sterilization, application on stored products and fumigation of structures such as flourmills. On the other hand, Quarantine and/or Pre-shipment (QPS) use of MB are exempted from use reduction and phase out provision of the Montreal Protocol.

Quarantine and Pre-shipment MB application defined:

Quarantine Application - in relation to MB, are treatments to prevent the introduction, establishment and/or spread of quarantine pests or to ensure their official control that is performed or authorized by a national plant, animal or environmental protection or health authority.

Pre-shipment Application - any treatments other than quarantine applications applied within 21 days prior to export to meet the requirements of the importing country or official requirements of the exporting country, those that are performed or authorized by a national plant, animal, environmental or health authority.

Quarantine and/or Pre-shipment (QPS) application of methyl bromide are coordinated with the Bureau of Plant Industry-Plant Quarantine Service (BPI-PQS) and are correspondingly acknowledged through the issuance of either a Phytosanitary or Fumigation Certificate by the BPI-PQS.

To meet the reduction target for controlled/non-QPS MB usage for 2006, additional measures need to be instituted in the issuance of a Permit to Purchase MB.

Pursuant therewith, issuance of a Permit to Purchase Methyl Bromide shall be subject to the following guidelines and procedures for the information and compliance of all concerned.

1. The suspension of issuance of a Permit to Purchase MB to applicators or end-users who intend to use the chemical for controlled/non QPS purposes, shall remain in effect until further notice.

2. Non-QPS MB application for structural fumigation by flourmills who have reported their usage during the previous year (2005) may continue to do so until such time that the FPA commence on a training program for the flourmill sector prior to an enforced shift to MB substitute chemical or adoption of alternative method of pest management.

3. In case of special or emergency need for MB application outside of export or import fumigation that are coordinated or considered by the BPI, a special permit should be obtained from FPA.

4. Permit to Purchase MB shall cover the volume equivalent to liquidated QPS application of MB from previous purchase/inventory (MB uses that are covered either by a Phytosanitary and/or Fumigation Certificate from BPI-PQS as shown by Disposition Report submitted by the applicant.

5. Permit to Purchase MB shall be issued within seven (7) working days from receipt of application/request to enable FPA to review and evaluate reports and documents submitted. Permit to Purchase may be issued in lesser time depending on compliance by the applicant with requirements. Incomplete or improperly accomplished Disposition Report or document shall be returned to the applicant.

6. Disposition Report from MB users should be submitted to FPA monthly and should be received by FPA not later than the fifteen (15) days of the succeeding month.

7. All MB fumigation for export and import purposes should be coordinated with the BPI- PQS for proper documentation and issuance of appropriate BPI Phytosanitary and/or Fumigation Certificate.

8. MB hanlders/applicators who are in possession of MB inventory from previous purchase or acquisition should never, in any manner, use said stock for controlled/non-exempt fumigation.

9. MB importers and distributors are sternly reminded of the existing NO PERMIT, NO SALE and NO DISPOSITION REPORT, NO PERMIT TO PURCHASE policy on methyl bromide. All purchases and sale of methyl bromide should be covered by a Permit to Purchase issued by the FPA.

Administrative sanctions shall be imposed against violators of this Circular which include suspension of FPA license as a pesticide importer or distributor or handlers, as the case may be, and cancellation or non issuance of Certificate Authorizing Importation of Pesticide (CAIP) for importers and Permit to Purchase Methyl Bromide for fumigators/ applicators and other sanction and penalty the FPA is empowered under its charter without prejudice to the filing of a criminal case under the penal provision of Presidential Decree No. 1144.

This Circular supersedes FPA Memorandum Circular No. 03 s. 2005 dated September 6, 2005.

This Circular takes effect January 1, 2006.

Adopted: 29 Dec. 2005

Recommending Approval:

(SGD.) DARIO C. SABULARSE, Ph.D., CESO IV
Deputy Executive Director and
National Coordinator for Methyl Bromide Phase-out Project

Approved:

(SGD.) NORLITO R. GICANA, Ph.D., CESO IV
Executive Director