For the purposes of this regulation, the following definitions are established:
2.1. CO2 equivalent: amount of carbon dioxide (CO2) emissions that would cause the same integrated radiative forcing, over a given time horizon, of a certain amount emitted of a greenhouse gas (GHG) or a mixture of GHGs. The CO2 equivalent emission is calculated by multiplying the emission of a GHG by its global warming potential (GWP) over the given time horizon. The CO2 equivalent emission constitutes a common scale to compare the emissions of different GHGs, although it does not imply an exact equivalence of the corresponding responses in relation to climate change.
2.2. Consumption: means imports minus (exports + destruction) of controlled substances.
2.3. Import quota: maximum annual amount allowed for the importation of HFCs by an importer, defined by DIGECA, in accordance with the parameters of this regulation and using the reference unit of 'CO2 equivalent'.
2.4. Remaining quota: that which was allocated and/or once allocated was not used by the importer.
2.5. DIGECA: Dirección de Gestión de Calidad Ambiental.
2.6. Equipment: products included in Annex D of the Montreal Protocol approved by Costa Rica through Law No. 7223 of April 8, 1991.
2.7. State reserve fund: corresponds to 12% of the annual import quotas, which the State reserves to make use of them based on criteria of necessity and convenience.
2.8. GHG: Greenhouse Gas 2.9. GWP: Global Warming Potential (Potencial de Calentamiento Global PCG).
2.10. HCFC: Hydrochlorofluorocarbons, whether in their pure state or in mixture, whether new, recycled, reclaimed or recovered refrigerants.
2.11. HFC: Hydrofluorocarbons, whether in their pure state or in mixture, whether new, recycled, reclaimed or recovered refrigerants.
2.12. Importer of refrigerant gases: any natural or legal person, public or private, who nationalizes refrigerant gases for their commercialization and/or own supply in Costa Rica and who is duly registered before DIGECA.
2.13. Historical importer: those importers duly registered before DIGECA who have nationalized HFCs in at least one of the years between 2020, 2021 and 2022.
2.14. New importer: any natural or legal person, public or private, who wishes to nationalize refrigerant gases for their commercialization and/or own supply in Costa Rica but who were not registered before DIGECA prior to December 31, 2022. Once formalized as an importer, they must comply with all the regulations established in this regulation with respect to quota allocation and gradual reduction schedules, therefore, they will be considered as a historical importer.
2.15. National baseline: corresponds to the average of HFC substances consumed by Costa Rica between the years 2020, 2021 and 2022 plus 65% of the average consumption of HCFC substances during the period between the years 2009 and 2010, calculated using the reference unit of CO2 equivalent. From the national baseline, the individual import quotas for each historical importer will be calculated.
2.16. MINAE: Ministerio de Ambiente y Energía of Costa Rica.
2.17. PCG: Global warming potential 2.18. Montreal Protocol: the instrument of international law that protects the ozone layer and that was approved by Costa Rica through Law No. 7223 of April 8, 1991 called "Aprobación del Protocolo de Montreal relativo a las sustancias agotadoras de la capa de ozono" and all its amendments.
2.19. ODS: Ozone Depleting Substance.
2.20. Critical or essential uses of ODS: are the uses that meet the following criteria given by the Montreal Protocol in its Decision IV/25. The controlled substance is considered "essential" when:
a. It is necessary for health and safety, and essential for the functioning of society (including cultural and intellectual aspects); and b. There are no technically and economically viable alternative substances or products that are acceptable from an environmental and health standpoint.