NATIONAL METEOROLOGICAL SERVICE: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

National Meteorological Service Regulations

Ozone Depleting Substances (ODS) Regulations

OZONE DEPLETING SUBSTANCES (ODS) REGULATIONS

(section 18)

(28th November, 2014)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Control Measures

3. Prohibition of certain activities

4. Prohibition of importation or exportation of controlled substances

5. Prohibition of importation, exportation or dealing after prohibition date

6. Prohibition of importation of aerosols

7. Servicing and installation of ODS – dependent equipment

8. Retrofitting ODS – dependent equipment

9. Fire fighting services

Part III
Permits

10. Import and export permit

11. Import and export of ODS – dependent equipment and goods from and to non-party States

12. Application for permit

13. Conditions for use of permit

14. Revocation, suspension or cancellation of permit

15. Refusal to issue permit

16. Appeal

17. Failure to use permit

18. Transfer of permit

19. Amendment of permit

20. Enforcement notice

21. Permit register to be kept

22. Submission of annual reports

PART IV
General

23. Customs

24. Suppliers and distributors

25. Product labelling

26. Storage and disposal of controlled substances

27. Transportation of controlled substances

28. Publication of controlled substances

29. Offences and penalties

30. Transitional provisions

Schedules

S.I. 140, 2014.

PART I
Preliminary

1. Citation

These Regulations may be cited as the Ozone Depleting Substances (ODS) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“adverse effect” means a change in the physical environment including a change in the climate, which has a significant deleterious effect on human health or on the compositions, resilience and production of managed ecosystems on materials useful to mankind;

“essential use” means use of controlled substances designated by the parties to the Protocol to be necessary for health, safety and critical for the functioning of society; and for which there are no available technical and economic feasible alternative or substitutes that are acceptable with regards to environment and health;

“calculated levels” in relation to a controlled substance that is imported or exported, means a quantity of controlled substances;

“controlled period” means the period beginning 1st January in a given year and ending 31st December in the same year;

“controlled substance” means a substance set out in column II of Schedule 1, whether in pure form or in a mixture, and includes isomers of substances, unless otherwise indicated;

“critical use” means circumstances in which there are no technical and economic feasible alternatives or substitutes for methyl bromide suitable for crops or acceptable with regards to environment and health;

“date of prohibition” means dates set out in paragraphs 2 of Schedule 1 and 2;

“equipment or products” means equipment or and products which do not function without controlled substances, but do not include—

(a) equipment or products used for the production, processing, recovery, recycling, reclamation or destruction of controlled substances;

(b) containers used for the transportation or storage of controlled substances;

“law enforcement officer” means a police officer, customs officer or any officer of the Service designated by the Director;

“manufacture” means to make new products from raw material or assembled materials;

“ozone depleting potential” means the ability of a controlled substance to destroy the atmospheric ozone based on atmospheric lifetime, stability and reactivity;

“ozone depleting substance” means any chemical substance which destroys the ozone layer and is controlled under the Montreal Protocol and listed in Schedules I and II of these Regulations;

“ozone depleting substance dependent equipment” means products or equipment consisting of ozone depleting substances, including equipment whose continuous functioning relies on the use of ozone depleting substance;

“Ozone Office” means the National Ozone Office established under the National Meteorological Service for the prohibition and controlled use, movement and trading in ozone depleting substances;

“permit” means a permit issued in terms of these regulations;

“production” means the amount of controlled substances produced minus the amount destroyed by technologies to be approved by the parties to the Montreal Protocol and minus the amount entirely used as feedstock in the manufacture of other chemicals;

“Protocol” means the Montreal Protocol on Substances that Deplete the Ozone layer, a treaty adopted on 16 September, 1987 and as adjusted or amended by the contracting Parties from time to time;

“quota system” means a quantitative limit of releasing, for free circulation in Botswana, of imported controlled substances which shall be subject to limits and allocation by using the licensing system to be managed by the Director;

“reclaimed” in respect of a controlled substances, means recovered, reprocessed and up-graded through processes such as filtering, drying distillation or chemical treatment in order to restore the controlled substances to industrial accepted re-use standards;

“recovered” in respect of controlled substance, means collected after a substance has been used or collected from machinery, equipment or a container;

“recycled” in respect of a controlled substance means re-used, recovered, cleaned by a process such as filtering, drying or re-used to recharge equipment;

“refrigerant” means substance, whether part or mixture, that is used as a coolant in a refrigerator, freezer, cold room, dehumidifier, heat pump or an air conditioner;

“technician” means an expert or trained individual qualified in new technology to service or maintain refrigeration or air conditioning systems; and

“transitional substances” means any controlled substance listed in Schedule 2 of these Regulations or a compound containing any such substance and all isomers of such substance and partially halogenated fluoro-chemicals.

PART II
Control Measures

3. Prohibition of certain activities

(1) No person shall produce or conduct any activity likely to produce any controlled substance or any other substance likely to deplete the ozone layer.

(2) No person shall emit into the ambient air any ozone-depleting substance likely to result in adverse effects on human health and the environment.

4. Prohibition of importation or exportation of controlled substances

(1) No person shall import or export or, in any manner, deal in a controlled substance or product containing a controlled substance except in accordance with these Regulations.

(2) No person shall import or export a recovered, recycled, reclaimed or used controlled substance except with a permit issued under these Regulations.

(3) The calculated level (L) of any imported or exported controlled substance shall be determined in accordance with the following formula—

L= I x ODP, where—

(a) I is the quantity imported during that period; and

(b) ODP is the ozone depleting potential for the controlled substances as indicated in Schedules 1 and 2.

5. Prohibition of Importation, exportation or dealing after prohibition date

(1) No person shall import, export or, in any manner, deal with equipment or goods that are dependent on controlled substance within groups set out in Schedule 2 and Classes A, B and C of Schedule 3 after the date of prohibition set out in respect of that substance.

(2) Notwithstanding subregulation (1), the prohibition shall not apply to—

(a) equipment or goods that were imported before the date of the prohibition of the substance; or

(b) equipment or goods that are recovered, re-cycled, re-claimed or used controlled substance imported or exported pursuant to a permit issued by the Director.

6. Prohibition of importation of aerosols

(1) No person shall import any aerosol product which uses Chlorofluorocarbon (CFCs) as a gas or a propellant.

(2) Notwithstanding subregulation (1), the prohibition shall not apply to any medical aerosol.

7. Servicing and installation of ODS — dependent equipment

(1) No person shall service an equipment or product that contains or uses a controlled substance unless he or she is issued with a permit under these Regulations.

(2) No technician shall repair or service any equipment or product that contains or uses a controlled substance unless the technician has a permit issued under these Regulations.

(3) No technician shall release into the ambient air any refrigerant that is controlled under the Protocol and listed under these Regulations.

8. Retrofitting ODS-dependent equipment

No person shall retrofit refrigeration or air conditioning equipment with any Hydro chlorofluorocarbons.

9. Fire fighting services

No person shall—

(a) sell any fire extinguisher containing any Halon;

(b) refill any fire extinguishing system with any Halon;

(c) use any Halon where alternative substances such as carbon dioxide, water, dry powder, foam or inert gases are available; or

(d) use any Halon in fire-fighting demonstrations.

PART IV
Permits

10. Import and export permit

(1) No person shall import, export, deal in any manner with the following controlled substances unless such person holds a permit issued under these Regulations—

(a) ozone depleting substance or ozone depleting substance dependent equipment or technologies for essential or critical use; or

(b) any chemical listed in Schedules 1 and 2.

(2) The import or export licensing systems of controlled substances referred to in this regulation, shall be managed along the quota system set out in Schedule 6, which shall take into account the import needs of ozone depleting substances by Botswana consistent with the national requirements as per the Protocol.

11. Import or export of ODS dependent equipment and goods from and to non-party States

Notwithstanding regulation 10, the import or export of ozone depleting substances and equipment as specified in Schedule 1, 2 and 3 from and to States that are not parties to the Protocol is prohibited.

12. Application for permit

(1) An application for a permit to—

(a) import a controlled substance, recovered, recycled, reclaimed or used controlled substance shall be in Form 1 as set out in Schedule 4; or

(b) export a controlled substance, recovered, recycled, reclaimed or used controlled substance shall be in Form 2 as set out in Schedule 4.

(2) An application for a permit under subregulation (1) shall be accompanied by a fee set out in Schedule 5.

(3) The Director shall, where he or she satisfied that the application made under subregulation (1) meets all the requirements, within 28 days of the receipt of the application, issue a permit in Form 3 set out in Schedule 4.

(4) A permit issued under this regulation shall be valid for a period of 12 months and may be renewed upon payment of a fee, as may be prescribed, if the applicant has been complying with the provisions of these Regulations.

13. Conditions for use of permit

A person issued with a permit under regulation 12 shall—

(a) comply with the conditions as set out in the permit;

(b) comply with the instructions issued by the Ozone Office in exercise of its functions under these Regulations;

(c) keep a record of activities prescribed in Form 4 as set out in Schedule 4 and submit the record to the Ozone Office six months from the commencement of the permit; and

(d) comply with any other conditions which the Ozone Office shall consider relevant for the purpose of these Regulations.

14. Revocation, suspension or cancellation of permit

(1) The Director may—

(a) revoke a permit if the permit holder obtained the permit by fraud or deliberate or negligent submission of false information;

(b) suspend the permit if the permit holder—

(i) contravenes these Regulations or any term and condition of the permit, or

(ii) fails, without reasonable cause, to comply with enforcement notice issued under regulation 20; or

(c) cancel the permit if the permit holder fails, without reasonable cause, to use the permit within the time stipulated in these Regulations.

(2) The Director shall, before revoking, suspending or cancelling a permit, give written notice to the holder of the permit of the intention to revoke, suspend or cancel the permit and specify the reasons for the revocation, suspension or cancellation and require the person to show cause, within a period of not more than 30 days, why the permit should not be revoked, suspended or cancelled.

(3) The Director shall not revoke, suspend or cancel a permit if the holder of the permit takes remedial measures, to the satisfaction of the Director, within a period of 30 days.

(4) If the holder of a permit notified under subregulation (2) fails to show cause why the permit should not be revoked, suspended or cancelled or does not take remedial measures, to the satisfaction of the Director, within the time specified, the Director shall proceed to revoke, suspend or cancel the permit.

15. Refusal to issue permit

(1) The Director may refuse to issue a permit if he or she is of the view that the application does not comply with the provisions of these Regulations.

(2) Where the Director refuses to issue a permit, the applicant shall be notified in writing within 10 working days of the decision.

16. Appeal

(1) A person aggrieved by the decision of the Director may appeal to the Appeals Committee appointed under section 10 of the Act.

(2) An appeal made in accordance with subregulation (1) shall—

(a) be made in writing within 30 days of notification of the decision;

(b) state the grounds for appeal; and

17. Failure to use permit

(1) Where the holder of the permit is unable to use the permit within three months of the date of issue of the permit, the holder shall forthwith notify the Director giving reasons thereof, and the Director shall, if satisfied with the reasons, specify the period within which the holder shall comply with the terms of the permit.

(2) Any permit that has lapsed before it is utilised can only be renewed if the permit holder makes a new application to the Director.

18. Transfer of permit

A permit holder shall not transfer a permit to a third party,

19. Amendment of permit

The Director may amend a permit—

(a) where some other person has taken over the running of the business from the holder of the permit, by substituting for the name of the holder with the name of the successor;

(b) where the name of business enterprise has changed, by substituting the name so changed; or

20. Enforcement notice

(1) Where any person contravenes or is likely to contravene any provision of these Regulations or instructions issued by the Director in the exercise of the functions associated with issuance of permit or any other condition of the permit, the Director may issue an enforcement notice upon that person.

(2) A notice issued under subregulation (1) shall—

(a) state the contravention or likely contravention;

(b) specify the steps that have to be taken to remedy the contravention or avoid the contravention or its likelihood, as the case may be; and

(c) specify the effective date of the enforcement notice and the time limit within which the steps specified under paragraph (b) have to be taken.

21. Permit register be to kept

(1) The Director shall keep and maintain a register of permits issued.

(2) The information recorded in the register in subregulation (1) shall be published in the Gazette at least once a year.

(3) The register in subregulation (1) shall include the following information—

(a) a record of controlled substances imported, exported, dealt in or in use in the country;

(b) a record of returns made by permit holders;

(d) any other information that the Director may consider necessary to preserve.

22. Submission of annual reports

A person permitted to import, export or deal in ozone depleting substances in any manner under regulation 12, shall submit to the Ozone Office, an annual report in Form 5 and 6 respectively, as set out in Schedule 4 by 15th January.

PART IV
General

23. Customs

(1) A person who imports or exports controlled substances or products containing a controlled substance shall provide a copy of the permit to a law enforcement officer at a port of entry or exit.

(2) A law enforcement officer shall inspect and certify whether the controlled substance imported into or exported out of Botswana is consistent with these Regulations.

(3) Where the exportation or importation is contrary to these Regulations, a law enforcement officer shall confiscate the products or substances.

(4) The confiscated products or substances shall be disposed off by a law enforcement officer in accordance with the guidelines set out by the National Meteorological Service.

24. Suppliers and distributors

(1) An importer of controlled substances shall cause a person who receives or buys any controlled substance from the importer to sign a declaration in Form 7 as set out in Schedule 4.

(2) A person who supplies or distributes any controlled substances shall keep a record of names and addresses of the persons to whom the substances have been supplied or distributed and shall submit the record to the Ozone Office within 14 days of such supply or distribution.

25. Product labeling

(1) An importer, producer, distributor, seller or exporter shall not import, produce, distribute, sell, export or deal in any manner with a product or other material containing an ozone depleting substance unless—

(a) the product or material containing an ozone depleting substance is labelled to indicate its identity ; and

(b) the substance is sealed in a package or other material to avoid any leakage.

(2) A law enforcement officer shall confiscate all ozone depleting substances which are not labelled or whose labeling has been tampered with.

(3) Where ozone depleting substance has been confiscated in accordance with subregulation (2), it shall be destroyed at the expense of the importer, exporter or manufacturer.

26. Storage and disposal of controlled substances

(1) An importer, producer, distributor, exporter, seller, transporter or supplier of any controlled substances shall ensure that the controlled substances are stored in secure premises licensed by the Director for the purpose of storing controlled substances.

(2) A person shall not dispose off any controlled substance without the approval and authorisation of the Director who will ensure the controlled substance is disposed of in an environmentally sound manner.

(3) The Director shall liaise with the relevant authorities in matters relating to disposal of controlled substances.

27. Transportation of controlled substances

(1) Any person who intends to transport any controlled substance or any product or equipment containing a controlled substance except for personal domestic use, whether in transit or otherwise, shall apply to the Director for approval to transport such controlled substance through Botswana and ensure that the controlled substance is properly packaged and transported in accordance with these Regulations and applicable international standards.

(2) An application for transport of controlled substance or any product or equipment containing a controlled substance through Botswana shall be made to the Ozone Office in form 8 as set out in Schedule 4.

(3) The Director shall, where he or she is satisfied that the application made under subregulation (2) meets all the requirements, within 28 days of receipt of the application, issue a permit in Form 3 as set out in Schedule 4.

(4) A person shall not, where the substance or product transported under subregulation (2) is in transit to another country, use, distribute, sell, dispose of or, deal in any manner, with the substance or product within Botswana.

28. Publication of controlled substances

The Ozone Office shall, before the 31st of December of every year, publish a list of existing controlled substances in the Gazette.

29. Offences and penalities

A person who contravenes any provision of these Regulations commits an offence and is liable to a fine not exceeding P20 000 or to imprisonment for a term not exceeding two years, or to both.

30. Transitional provisions

(1) A technician or person who services or repairs any product or technology that contains or uses any controlled substance shall, within six months from the coming into force of these Regulations, apply to the Ozone Office for the service permit under regulation 8.

(2) An importer, producer, distributor, exporter, seller, transporter or supplier of any controlled substances or person to whom these Regulations apply, shall within three months from the coming into force of these Regulations, apply to the Ozone Office for an appropriate permit in accordance with these Regulations.

SCHEDULE 1
Controlled Substances

(regulations 2, 4, 10 and 11)

This includes any substances listed in this Schedule or a compound containing any such substance and all isomers of such substances.

The substances in this Schedule were phased out by 01st January, 2010 (date of prohibition)(with possible essential use exceptions) as per the requirements of Articles 2A up to 2E and Article 5(1) of the Protocol.

Annex A: Controlled Substances

Group I (CFCs)	Substances	Ozone-Depleting Potential 1
CFC1_{3_,}	(CFC-11)	1.0
CF₂C1₂	(CFC-12)	1.0
C₂F3C13	(CFC-113)	0.8
C2F₄C1₂	(CFC-114)	1.0
C₂F₅C1	(CFC-115)	0.6

Group II (Halons)	Substances	Ozone Depleting Potential *
CF₂BrC1	(halon-1211)	3.0
CF₃Br	(halon-1301)	10.0
C₂F₄Br₂	(halon-2402)	6.0

Annex B: Controlled Substances

Group I (Other fully halogenated CFCs)	Substances	Ozone Depleting Potential
CF₃C1	(CFC-13)	1.0
C₂FC1₅	(CFC-111)	1.0
C₂F2C1₄	(CFC-112)	1.0
C₃FC1₇	(CFC-211)	1.0
C₃F₂C1₆	(CFC-212)	1.0
C₃F₃C₅	(CFC-213)	1.0
C₃F₄C1₄	(CFC-214)	1.0
C₃F₅C1₃	(CFC-215)	1.0
C₃F₆C1₂	(CFC-216)	1.0
C₃F₆C1₂	(CFC-217)	1.0

Group II (Carbon tetrachloride)	Substances	Ozone Depleting Potential
CC1₄	Carbon tetrachloride	1.1

Group III (methyl chloroform)	Substances	Ozone Depleting Potential
C₂H₃C1₃*	1,1,1-trichlorethane* (methyl chloroform)	0.1
CH₃Br	Methyl bromide	0.6

SCHEDULE 2
Transitional Substances

(regulations 2,4,5,10 and 11)

This includes any substances listed in this Schedule or a compound containing any such substance and all isomers of such substances and partially halogenated fluoro-chemicals (40 compounds including HCFC-21, HCFC-123, HCFC-124, HCFC-141b, HCFC142) with ODP’s of less than 0.12.

Substances in this Schedule are to be phased out by 01st January, 2040 (date of prohibition)(with possible essential use exemptions) as per Articles 2F and Article 5(1) of the Protocol.

Annex C: Transitional Substances

Group I (Hydrochlorofluorocarbons)	Substance	Ozone-Depleting Potential
CHFC1₂	(HCFC-21)**	0.04
CHF₂C1	(HCFC-22)**	0.055
CH₂FC1	(HCFC-31)	0.02
C₂HFC1	(HCFC-121)	0.01-0.04
C₂HF₂ C1₃	(HCFC-122)	0.02-0.08
C₂HF₃C1₂	(HCFC-123)	0.02-0.06
CHC1₂CF₃	(HCFC-123)**	0.02
C₂HF₄C1	(HCFC-124)	0.02-0.04
CHFC1CF₃	(HCFC-124)**	0.022
C₂H₂FC1₃	(HCFC-131)	0.007-0.05
C₂H₂F₂C1₂	(HCFC-132)	0.008-0.05
C₂H₂F₂C1	(HCFC-133)	0.02-0.06
C₂H₂FC1₂	(HCFC-141)	0.005-0.07
CH₃CFC1₂	(HCFC-141b)**	0.11
C₂H₃F₂C1	(HCFC-142)	0.008-0.07
CH₃CF₂C1	(HCFC-142b) * *	0.065
C₃H₄FC1	(HCFC-151)	0.003-0.005
C₃HFC1₆	(HCFC-221)	0.015-0.07
C₃HF₂C1₅	(HCFC-222)	0.01-0.09
C₃HF₃C1₄	(HCFC-223)	0.01-0.08
C₃HF₄C1₃	(HCFC-224)	0.01-0.09
C₃HF₅C1₃	(HCFC-225)	0.02-0.07
CF₃CF₂ CHCI₂	(HCFC-225ca)**	0.025
CF₂CLCF₂ CHC1F	(HCFC-225cb)**	0.035
C₃HF₆CL	HCFC-226	0.02- 0.10
C₃H₂FC1₅	(HCFC-231)	0.05-0.09

C₃H₂F₂C1₄	HCFC-232	0.008-0.10
C₃H₂F₃C1₃	HCFC233	0.007-0.23
C₃H₂F₄C1₂	HCFC-234	0.01-0.28
C₃H₂F₅C1	HCFC-235	0.03 -0.52
C₂H₃FC1₄	HCFC-241	0.04-0.09
C₃H₃F₂C1₃	HCFC-242	0.05 -0.13
C₃H₃F₃C12	HCFC-243	0.007-0.12
C₃H₃F₄C1	HCFC-244	0.009-0.14
C₃H₄FC1₃	HCFC-251	0.001 – 0.01
C₃H4F₂C1₂	HCFC-252	0.005-0.04
C₃H4F₃C1	HCFC-253	0.003 – 0.03
C₃H₅FC1₂	HCFC-261	0.002 – 0.02
C₃H₅F₂	HCFC-262	0.002-0.02
C₃H₆FC1	HCFC-271	0.001-0.03

Group II (Hydrochlorofluorocarbons)	Substance	Ozone-Depleting Potential
CHFBr₂		1.00
CHF₂Br	(HBFC-22B1)	0.74
CH₂FBr		0.73
C₂HFBr₄		0.3-0.8
C₂HF₂Br₃		0.5-1.8
C₂HF₃Br₂		0.4-1.6
C₂HF4Br		0.7-1.2
C₂H2FBr₃		0.1-1.1
C₂H₂F₂Br₂		0.2-1.5
C₂H₂F₃Br		0.7-1.6
C₂H₃FBr₂		0.1-1.7
C₂H₃F₂Br		0.2-1.1
C₂H₄FBr		.07-0.1
C₃HFBr₆		0.3-1.5
C₃HF₂Br₅		0.2-1.9
C₃HF₃Br₄		0.3-1.8
C₃HF₄Br₃		0.5-2.2
C₃HF₅Br₂		0.9-2.0
C₃HF₆Br		0.7-3.3
C₃H₂FBr₅		0.1-1.9
C₃H₂F₂Br₄		0.2-2.1
C₃H₂F₃Br₃		0.2-5.6
C₃H₂F₄Br₂		0.3-7.5
C₃H₂F₅Br		0.9-14.0
C₃H₃FBr₄		0.08-1.9
C₃H₃F₂Br₃		0.1-3.1
C₃H₃F₃Br₂		0.1-2.5
C₃H₃F₄Br		0.3-4.4
C₃H₄FBr₃		0.03-0.3
C₃H₄F₂Br₂		0.1-1.0
C₃H₄F₃Br		0.07-0.8
C₃H₅FBr₂		0.04-0.4
C₃H₅F₂Br		0.07-0.8
C₃H₆FBr		0.02-0.7

Group III

(Hydrochlorofluorocarbons)

Substance

Ozone-Depleting Potetial Potential

CH₂BrCl

Bromochloromethane

0.12

SCHEDULE 3
EQUIPMENT DEPENDENT ON OZONE DEPLETING SUBSTANCES

(regs. 5 and 11)

Annex D: Equipment Dependent on Ozone Depleting Substances

Description of substances	Tariff heading	Description of equipment/ goods(new or used)	Tariff heading
Class A/Group I- Chlorofluorocarbons		Condensing, or cooling (excluding machinery or plant of a kind used for domestic purposes); instantaneous or storage water heaters, non-electric.	85.09
Chlorofluorocarbon – 11 (CFC-11)	2903.41
Chlorofluorocarbon – 12 (CFC-12)	2903.42
Chlorofluorocarbon – 113 (CFC-113)	2903.43
Chlorofluorocarbon – 114 (CFC-114)	2903.44	87.16
Chlorofluorocarbon – 115 (CFC-115)	2903.44	Electro-mechanical domestic appliances, with self-contained electric motor.	8414.30
Group II- Halons Halon-1211 Halon-1301 Halon – 2402	2903.46 2903.46 2903.46	Trailers and semi-trailers, other vehicles, not mechanically propelled, PARTs thereof.
Class B/Group I-Other fully halogenated CFCs			8414.90
Chlorofluorocarbon – 13 (CFC-13)	2903.45.05
Chlorofluorocarbon – 111 (CFC-111)	2903.45.10	Group II	841490.70
Chlorofluorocarbon – 112 (CFC-112)	2903.45.15	Compressors
Chlorofluorocarbon – 211 (CFC-211)	2003.45.20	Compressors of a kind used in refrigeration equipment:	8414.90.90
Chlorofluorocarbon – 212 (CFC-212)	2903.45.25
Chlorofluorocarbon – 213 (CFC-213)	2903.45.30	PARTs:
Chlorofluorocarbon – 214 (CFC-214)	2903.45.35	-for other ventilating fans (excluding that for fans identifiable for use with motor vehicle engines), other Turbo-jets, Turbo-propellers and other gas turbines.	84.11 84.12
Chlorofluorocarbon – 215 (CFC-215) Chlorofluorocarbon – 216 (CFC-216) Chlorofluorocarbon – 217 (CFC-217)	2903.4540 2903.4545 2903.45.50

Group II-

Carbon tetrachloride

2903.14

Other engines and motors.

84.15

Group III-1.1.1. trichloroethane (methyl chloroform) Methyl chloroform (1,1,1,-Trichloroethane)

2903.1910

Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated.

84.18

Class C/Group I Air Conditioners

Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including, those machines in which the humidity cannot be separately regulated.

84.15

94.06

Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air conditioning equipment of handing 84.15.

84.24

84.25

Air conditioners coat Prefabricated buildings (includes air-conditioners as built in equipment).

84.18

Mechanical Appliances (whether or not hand-operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged, spray gums and similar appliances steam or sand blasting machines and similar jet projecting machines. Fully tackled and hoists (excluding skip hoists); winches and capstans jacks.

84.30

Refrigerators, freezers and other refrigerating or freezing Equipment, electric or other, heat pumps other than air conditioning equipment, of heading 84.15.

84.19

Machinery, plant or laboratory equipment, whether or not electrically heard, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, steaming, drying, evaporating vaporising.

Other moving, grading, levelling, scraping, excavation, tamping, compacting, extracting or cres; pile-drivers and pile-extractors; snow- ploughs and snow-blowers.

SCHEDULE 4

FORM 1
APPLICATION FOR PERMIT TO IMPORT

(regulation 12(1)(a))

Tick the relevant application

controlled substances

recovered or used controlled substances
recovered, recycled or used controlled substances
recovered, recycled, reclaimed or used controlled substances

To be filled in duplicate (One application for each group of controlled substance)

PERSONAL INFORMATION

Name of Applicant
Form of Identification	Identity card No./Passport No. (foreigner):
Company Name
Address: (Business/Residential)	Physical Address: Postal address: Telephone No. Fax No. E-mail:
Business Activity
Registration Certificate No.
Work Permit No. (if applicable)
Name of person authorised to act on behalf of applicant (where applicable)
Title:
Contacts	Address: Telephone No. Fax No. E-mail:

Request for confidentiality of information (tick)			Yes Reason:
	No
Information concerning the Controlled and Transitional Substances (Tick Group from Schedules 1 & 2)	ANNEX A		ANNEX B		ANNEX C
Group I		Group I		Group I
Group II		Group II		Group II
		Group III		Group III

Information concerning ODS Dependent Equipment (Tick Group from Schedule 3)	CLASS A		CLASS B		CLASS C
Group I		Group I		Group I
Group II		Group II		Group II
		Group III		Group III

Control Period
Names and addresses of persons whom the controlled substances were sold or supplied

INFORMATION CONCERNING THE CONTROLLED SUBSTANCE FOR WHICH A PERMIT TO IMPORT IS REQUESTED

Controlled Substance	Country of Origin	Quantity to be imported	ODP Calculated level
			Kg X	= Kg
			Kg X	= Kg
			KgX	= Kg
			Kg X	= Kg

I declare that the information provided in this application is correct and that the applicant is willing and able to use the controlled substance in compliance with all the laws for the time being in force.


Date		Name		Signature

Witness:

Designation:

Address:

Company:

Occupation:

Official use only:

Date received:

Permit No.

Amount Paid:

Signature:

Receipt No.

Accepted/Rejected:

Official Stamp:

FORM 2
APPLICATION FOR PERMIT TO EXPORT

(regulation 12(1)(b))

Tick the relevant application

controlled substances

recovered or used controlled substances
recovered, recycled or used controlled substances
recovered, recycled, reclaimed or used controlled substances

To be filled in duplicate (One application for each group of controlled substance)

PERSONAL INFORMATION

Name of Applicant
Form of Identification	Identity card No./Passport No. (foreigner):
Company Name
Address: (Business/Residential)	Physical Address: Postal address: Telephone No. Fax No. E-mail:
Business Activity
Registration Certificate No.
Work Permit No. (if applicable)
Name of person authorised to act on behalf of applicant (where applicable)
Title:
Contacts	Address: Telephone No. Fax No. E-mail:

Request for confidentiality of information (tick)			Yes Reason:
	No
Information concerning the Controlled and Transitional Substances (Tick Group from Schedules 1 & 2)	ANNEX A		ANNEX B		ANNEX C
Group I		Group I		Group I
Group II		Group II		Group II
		Group III		Group III

Information concerning ODS Dependent Equipment (Tick Group from Schedule 3)	CLASS A		CLASS B		CLASS C
Group I		Group I		Group I
Group II		Group II		Group II
		Group III		Group III

Control Period
Names and addresses of persons whom the controlled substances were sold or supplied

INFORMATION CONCERNING THE CONTROLLED SUBSTANCE FOR WHICH A PERMIT TO IMPORT IS REQUESTED

Controlled Substance	Country of Origin	Quantity to be imported	ODP Calculated level
			Kg X	= Kg
			Kg X	= Kg
			Kg X	= Kg
			Kg X	= Kg


Date		Name		Signature

Witness:

Designation:

Address:

Company:

Occupation:

Official use only:

Date received:

Permit No.

Amount Paid:

Signature:

Receipt No.

Accepted/Rejected:

Official Stamp:

FORM 3
PERMIT TO IMPORT/EXPORT/TRANSPORT/PRODUCE/USE/SELL/HANDLE CONTROLLED/OZONE DEPLETING SUBSTANCES

(regulations 12(3) and 27(3))

Name:

Physical Address:
Tel No.
Fax No.
Permit No.

You are hereby permitted to import/export/produce/sell/use/handle controlled substances, according to the Ozone Depleting Substances (ODS) Regulations, 2014 (Under Section 18 of National Meteorological Services Act, 2014).

………………………….……………………………………………….………………………………………………….

The permit is valid from ………………………………………………….to……………………………………………………

The permit is subject to conditions of the Ozone Depleting Substances (ODS) Regulations, 2014 (Under Section 18 of National Meteorological Services Act, 2014) as indicated in the next page.


Date

Director of Meteorological Services, Botswana.

CONDITIONS FOR THE PERMIT:

1. Only substances of the class kind described in this permit may be imported and except where otherwise specified this permit is for new goods only.

2. This permit may not be transferred in any manner by the holder thereof to any other person or used to benefit a person not named in the permit.

3. This permit is valid for the calendar year for which it is issued and may be used for customs clearance of goods prior to 31 December of the year of issue.

4. This permit does not exempt an importer from the obligation of complying with the provisions of other legislation related to the importation of goods into Botswana.

5. This permit is issued without any amendments. Any unauthorised amendments appearing therein will render this permit invalid and will be confiscated by the Botswana Unified Revenue Services.

6. This permit is not an exchange license and only authorises the importation of the goods specified therein.

7. The permit will only be issued on written recommendation by the Director.

8. The applicant shall—

(a) operate in accordance with these Regulations and conditions determined by the Director;

(b) comply with the general directives issued by the Director in exercise of its functions under these Regulations; and

FORM 4
INFORMATION TO BE MAINTAINED

(regulation 13(c))

1. INFORMATION RELATING TO DISTRIBUTION, USE AND OFFER FOR SALE

Date records of—

(a) The actual quantity of each controlled substances from a supplier, wholesaler or distributor;

(b) The actual quantity of controlled substance used and the use;

(c) The actual quantity of controlled substance sold, names and address of the customers and declaration set out in Form X signed by the customer.

INFORMATION RELATING TO IMPORT

Date of records of—

(a) The actual quantity of each controlled substance imported in each shipment.

(b) The port from which the controlled substance are imported.

(d) The import number for the shipment of the controlled substance imported.

(e) Copies of the bill of landing the invoice and documents submitted to Botswana Unified Revenue Service for each shipment of controlled substances.

2.INFORMATION RELATING TO EXPORT

Date records of—

(a) The actual quantity of each controlled substance imported in each shipment.

(b) The port from which the controlled substance are imported.

FORM 5
ANNUAL REPORT ON IMPORTS

(regulation 22)

Tick the relevant application

controlled substances

recovered, reclaimed used controlled substances
others

To be filled in duplicate (One application for each group of controlled substance)

PERSONAL INFORMATION

Name of Applicant
Form of Identification	Identity card No./Passport No. (foreigner):
Company Name
Address: (Business/Residential)	Physical Address: Postal address: Telephone No. Fax No. E-mail:
Business Activity
Registration Certificate No.
Work Permit No. (if applicable)
Name of person authorised to act on behalf of applicant (where applicable)
Title:
Contacts	Address: Telephone No. Fax No. E-mail:

Request for confidentiality of information (tick)

Yes Reason:
NoInformation concerning the Controlled and Transitional Substances (Tick Group from Schedules 1 & 2)ANNEX A
ANNEX B
ANNEX C
Group I
Group I
Group I
Group II
Group II
Group II

Group III
Group III

Information concerning ODS Dependent Equipment (Tick Group from Schedule 3)	CLASS A		CLASS B		CLASS C
Group I		Group I		Group I
Group II		Group II		Group II
		Group III		Group III

Control Period
Names and addresses of persons whom the controlled substances were sold or supplied to

QUANTITY OF THE CONTROLLED SUBSTANCE IMPORTED

Controlled Substance	Country of Origin	Quantity to be imported	ODP Calculated level
			Kg X	= Kg
			Kg X	= Kg
			KgX	= Kg
			Kg X	= Kg

I declare that the information provided in this report is correct to the best of my knowledge.


Date		Name		Signature

Witness:

Designation:

Address:

Company:

Occupation:

Official use only:

Date received:

Permit No.

Amount Paid:

Signature:

Receipt No.

Accepted/Rejected:

FORM 6
ANNUAL REPORT ON EXPORTS

(regulation 22)

Tick the relevant application

controlled substances

recovered, reclaimed used controlled substances
others

To be filled in duplicate (One application for each group of controlled substance)

PERSONAL INFORMATION

Name of Applicant
Form of Identification	Identity card No./Passport No. (foreigner):
Company Name
Address: (Business/Residential)	Physical Address: Postal address: Telephone No. Fax No. E-mail:
Business Activity
Registration Certificate No.
Work Permit No. (if applicable)
Name of person authorised to act on behalf of applicant (where applicable)
Title:
Contacts	Address: Telephone No. Fax No. E-mail:

Request for confidentiality of information (tick)

Yes Reason:
NoInformation concerning the Controlled and Transitional Substances (Tick Group from Schedules 1 & 2)ANNEX A
ANNEX B
ANNEX C
Group I
Group I
Group I
Group II
Group II
Group II

Group III
Group III

Information concerning ODS Dependent Equipment (Tick Group from Schedule 3)	CLASS A		CLASS B		CLASS C
Group I		Group I		Group I
Group II		Group II		Group II
		Group III		Group III

Control Period
Names and addresses of persons whom the controlled substances were sold or supplied to

QUANTITY OF THE CONTROLLED SUBSTANCE EXPORTED

Controlled Substance	Country of Origin	Quantity to be imported	ODP Calculated level
			Kg X	= Kg
			Kg X	= Kg
			KgX	= Kg
			Kg X	= Kg

I declare that the information provided in this report is correct to the best of my knowledge.


Date		Name		Signature

Witness:

Designation:

Address:

Company:

Occupation:

Official use only:

Date received:

Permit No.

Amount Paid:

Signature:

Receipt No.

Accepted/Rejected:

Official Stamp:

FORM 7
DECLARATION BY THE RECIPIENT/BUYER OF CONTROLLED SUBSTANCES

(regulation 24 (1))

Name of vendor/supplier
Form of Identification	Identity card No./Passport No. (foreigner):
Company Name

Address: (Business/Residential)	Physical Address: Postal address: Telephone No. Fax No. E-mail:
Business Activity
Registration Certificate No.
Work Permit No. (if applicable)
Name of person authorised to act on behalf of applicant (where applicable)
Title:
Contacts	Address: Telephone No. Fax No. E-mail:

Request for confidentiality of information (tick)

Yes Reason:
NoInformation concerning the Controlled and Transitional Substances (Tick Group from Schedules 1 & 2)ANNEX A
ANNEX B
ANNEX C
Group I
Group I
Group I
Group II
Group II
Group II

Group III
Group III

Information concerning ODS Dependent Equipment (Tick Group from Schedule 3)	CLASS A		CLASS B		CLASS C
Group I		Group I		Group I
Group II		Group II		Group II
		Group III		Group III

Control Period
Names and addresses of persons whom the controlled substances were sold or supplied to

INFORMATION CONCERNING THE CONTROLLED SUBSTANCES FOR WHICH THIS FORM IS PREPARED

Controlled Calculated Level Substance	Date of Import/Export Transportation	Country of Origin	Quantity to be imported/exported/transported	ODP
				Kg X	= Kg
				Kg X	= Kg
				KgX	= Kg
				Kg X	= Kg

I undertake not to sell or otherwise supply any of the quantity of the controlled substance received to any person who has not signed a declaration in this form.

I also undertake not to use any of the controlled substances received for a purpose set out in this declaration for anything other than the purpose.

I declare that the information provided in this report is correct to the best of my knowledge.


Date		Name		Signature

Witness:

Designation:

Address:

Company:

Occupation:

Official use only:

Date received:

Permit No.

Amount Paid:

Signature:

Receipt No.

Accepted/Rejected:

Official Stamp:

FORM 8
APPLICATION FOR PERMIT TO TRANSPORT

(regulation 27(2))

Tick the relevant application

controlled substances

recovered or used controlled substances
recovered, recycled or used controlled substances
recovered, recycled, reclaimed or used controlled substances

To be filled in duplicate (One application for each group of controlled substance)

PERSONAL INFORMATION

Name of Applicant
Form of Identification	Identity card No./Passport No. (foreigner):
Company Name
Address: (Business/Residential)	Physical Address: Postal address: Telephone No. Fax No. E-mail:
Business Activity
Registration Certificate No.
Work Permit No. (if applicable)
Name of person authorised to act on behalf of applicant (where applicable)
Title:
Contacts	Address: Telephone No. Fax No. E-mail:

Request for confidentiality of information (tick)

Yes Reason:
NoInformation concerning the Controlled and Transitional Substances (Tick Group from Schedules 1 & 2)ANNEX A
ANNEX B
ANNEX C
Group I
Group I
Group I
Group II
Group II
Group II

Group III
Group III

Information concerning ODS Dependent Equipment (Tick Group from Schedule 3)	CLASS A		CLASS B		CLASS C
Group I		Group I		Group I
Group II		Group II		Group II
		Group III		Group III

Control Period
Names and addresses of persons whom the controlled substances were sold or supplied

INFORMATION CONCERNING THE CONTROLLED SUBSTANCE FOR WHICH A PERMIT TO IMPORT IS REQUESTED

Controlled Substance	Country of Origin	Place of destination	Quantity to be imported	ODP Calculated level
				Kg X= Kg
				Kg X= Kg
				KgX= Kg
				Kg X= Kg


Date		Name		Signature

Witness:

Designation:

Address:

Company:

Occupation:

Official use only:

Date received:

Permit No.

Amount Paid:

Signature:

Receipt No.

Accepted/Rejected:

Official Stamp:

SCHEDULE 5
FEES FOR PERMITS

(regulation 12(2))

Ozone Depletion Potential (ODP)	Fee Units (Pula)
1-10 (Non-Ozone Friendly)	2 400
0.8-0.9	2 000
0.6-0.7	1 800
0.4-0.5	1 400
0.1-0.3	1 000
<0.001 (Ozone Friendly)	800

SCHEDULE 6
ODS PHASE-OUT SCHEDULE

(regulation 10(2))

Group I; HCFCs Consumption for Article 5(1) Parties

Base level

Average 2009-10.FreezeJanuary 1,2013.10 per cent: reductionJanuary 1,2015.35 per cent: reductionJanuary 1,2020.67.5 per cent reductionJanuary 1,2025.97.5 per cent: reductionJanuary 1,2030, and thereafter,(averaged over ten years 2030- 40)consumption restricted to the servicing of refrigeration and air-conditioning equipment existing at that date.100 per cent: reductionJanuary 1,2040.

Group I: HCFCs Production for Article 5(1) Parties

Base level:

Average 2009-10.Freeze:January 1, 2013.10 per cent: reductionJanuary 1, 2015.35 per cent: reductionJanuary 1, 2020.67.5 per cent reductionJanuary 1, 2025.97.5 per cent: reductionJanuary 1, 2030, and thereafter,(averaged over ten years 2030 – 40)consumption restricted to the servicing of refrigeration and air-conditioning equipment existing at that date.100 per cent: reductionJanuary 1, 2040.

NATIONAL METEOROLOGICAL SERVICE REGULATIONS

(section 18)

(30th April, 2018)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Exclusive provision of meteorological service to air navigation

4. Establishment of aerodrome meteorological office

5. Meteorological observations and reports

6. Aircraft observations reporting

7. Submission of data from privately run meteorological services

8. Application to operate a meteorological observing station

9. Validity of licence

10. Conditions on licences

11. Installation of meteorological instrument or sensor

12. Licensing requirements for a privately run meteorological service

13. Contents of METAR and SPECI reports

14. Observations and reports of volcanic activity

15. Human factors principles in the provision of meteorological services

16. Quality Management System for the provision of meteorological services

17. Liaison with users of meteorological information

18. Notification affecting the provision of meteorological information

19. Services for operators and flight crew members

20. Briefing, consultation and display

21. Flight documentation

22. Information for aircraft in-flight

23. Meteorological watch office

24. Information for air traffic services, search and rescue services and aeronautical information services

25. Agreement between Air Traffic Services units and meteorological authorities

26. Interpretation and use of forecasts

27. Issuance of aerodrome forecasts

28. Landing forecasts

29. Forecasts for take-off

30. Aeronautical climatological information

31. Requirements for use of telecommunications

32. Personnel qualification and training

33. Issuance of SIGMET information

Schedule

S.I. 52, 2018.

1. Citation

These Regulations may be cited as the National Meteorological Service Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“aerodrome” means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

“aerodrome climatological summary” means a concise summary of specified meteorological elements at an aerodrome, based on statistical data;

“aerodrome meteorological office” means an office, located at an aerodrome, designated to provide meteorological service for air navigation;

“aeronautical meteorological station” means a station designated to make observations and meteorological reports for use in air navigation;

“aircraft observations” means evaluation of one or more meteorological elements made from an aircraft in flight;

“Air Traffic Services unit” means air traffic control unit, flight information centre or air traffic services reporting office;

“air report” means a report from an aircraft in-flight prepared in conformity with requirements for position and operational or meteorological reporting;

“alternate aerodrome” means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing where—

(i) necessary services and facilities are available, or

(ii) aircraft performance requirements can be met;

“area control centre (ACC)” means a unit established to provide air traffic control service to controlled flights in control areas under its jurisdiction;

“Contracting State” means a state, a national office or an intergovernmental organisation which is a signatory to the Chicago Convention;

“control area” means a controlled airspace extending upwards from a specified limit above the earth;

“Convention” means the Convention on International Civil Aviation signed in Chicago on December 7, 1944, also known as the Chicago Convention;

“flight crew member” means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;

“flight documentation” means written or printed documents, including charts or forms, containing meteorological information for a flight;

“Flight Information Centre (FIC)” means a unit established by the Civil Aviation Authority of Botswana established under the Civil Aviation Act (Cap. 71:04) to provide flight information service and alerting service;

“Flight Information Region (FIR)” means airspace of defined dimensions within which flight information service and alerting service are provided;

“flight level” means a surface of constant atmospheric pressure which is related to a specified pressure datum, 1 013.2 hectopascals (hPa) which is separated from other such surfaces by specified pressure intervals;

“human factors principles” means principles which apply to aeronautical design, certification, training operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;

“International Airways Volcano Watch” means international arrangements for monitoring and providing warnings to aircraft of volcanic ash in the atmosphere;

“level” means a generic term relating to the vertical position of an aircraft in-flight and it includes height, altitude or flight level;

“METAR” means aerodrome routine weather report issued at hourly intervals and it is a description of the meteorological elements observed at an airport at a specific time;

“Meteorological Authority” means the National Meteorological Service as the authority providing meteorological service for international air navigation on behalf of Botswana;

“meteorological report” means a statement of observed meteorological conditions related to a specified time and location;

“meteorological watch office” means an office designated to provide information concerning the occurrence or expected occurrence of specified en-route weather and other phenomena in the atmosphere that may affect the safety of aircraft operations within its specified area of responsibility;

“operator” means a person, organisation or enterprise engaged in or offering to engage in aircraft operations;

“operational control” means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety, regularity or efficiency of the aircraft;

“OPMET” means Operational Information for Meteorology;

“prognostic chart” means a forecast of a specified meteorological element for a specified time or period and a specified surface or portion of airspace depicted graphically on a chart;

“QFE” means atmospheric pressure at aerodrome elevation and with its sub-scale set to the aerodrome QFE, its altimeter indicates height above that airfield;

“QNH” means barometric pressure adjusted to sea level pressure setting to be used by pilots and air traffic control for their operations as an altitude above mean sea level based on local station pressure;

“quality assurance” means part of quality management focused on providing confidence that quality requirements will be fulfilled as per the International Organisation for Standardisation 9000 (ISO 9000);

“quality management” means co-ordinated activities to direct and control an organisation with regard to quality;

“Quality Management System (QMS)” means the organisational structure, procedures, processes and resources needed to implement quality management which conforms to the International Organisation for Standardisation 9001:2008 standard;

“Quality Manual” means a document that captures the Quality Management System of the Department, which should be in conformity with the International Organisation for Standardisation standards requirement;

“Runway Visual Range (RVR)” means the range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;

“search and rescue services unit” means a rescue co-ordination centre, rescue sub-centre or alerting post;

“SIGMET information” means information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified en-route weather and other phenomena in the atmosphere which may affect the safety of aircraft operations;

“SIGWX” means significant weather chart issued by the meteorological office presenting the most important meteorological phenomena relevant especially for air traffic transport;

“SPECI” means an aviation special report issued when there is significant deterioration or improvement in airport weather conditions such as significant changes of surface winds, visibility, cloud base height, temperature and occurrence of severe weather;

“Standards and Recommended Practices (SARPs)” means—

(i) in the case of standards, any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognised as necessary for the safety or regularity of international air navigation and to which contracting states will conform in accordance with the Chicago Convention; and in the event of impossibility of compliance, states are required to notify the Council under Article 38 of the Chicago Convention, and

(ii) in the case of recommended practice any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognised as desirable in the interest of safety, regularity or efficiency of international air navigation, and to which contracting states should endeavour to conform in accordance with the Chicago Convention;

“synoptic station” means a facility on land with instruments and equipment for measuring atmospheric conditions at synoptic time 00h00, 06h00, 12h00, 18h00 (UCT) and at intermediate synoptic hours 03h00, 09h00, 15h00 and 21h00 (UCT);

“TAF” means a terminal aerodrome forecast prepared and issued by the meteorological watch office;

“TCAC” means a Tropical Cyclone Advisory Centre designated by a regional air navigation agreement to provide advisory information to meteorological watch offices, world area forecast centres and international OPMET databanks regarding the position, forecast direction and speed of movement, central pressure and maximum surface wind of tropical cyclones;

“upper-air chart” means a meteorological chart relating to a specified upper-air surface or layer of the atmosphere;

“UCT” means the Universal Common Time standard across the world;

“visibility” means—

(i) the greatest distance at which a black object of suitable dimensions, situated near the ground, can be seen and recognised when observed against a bright background, or

(ii) the greatest distance at which lights in the vicinity of 1 000 candelas can be seen and identified against an unlit background;

“VAAC” means the Volcanic Ash Advisory Centre as designed by the Regional Air navigation Agreement to provide advisory information to the meteorological watch office, area control centre, flight information centres, world area focus centres and international OPMET data banks regarding the lateral, vertical extent and forecast movement of volcanic ash in the atmosphere following volcanic eruptions;

“World Area Forecast Centre (WAFC)” means a meteorological centre designated to prepare and issue significant weather forecasts and upper-air forecasts in digital form on a global basis direct to States using the aeronautical fixed service and internet based services; and

“World Area Forecast System (WAFS)” means a worldwide system by which world area forecast centres provide aeronautical meteorological en-route forecasts in uniform standardised formats.

3. Exclusive provision of meteorological service to air navigation

(1) The National Meteorological Service (hereinafter referred to as “the Service”) shall have exclusive rights to provide meteorological services to the civil aviation industry.

(2) The objective of providing meteorological services for international air navigation shall be to contribute towards the safety, regularity and efficiency of international air navigation.

(3) The provision of these services to the aviation industry as provided for in subregulation (1) shall be done in conformity with requirements of the following—

(a) the International Civil Aviation Organisation’s Annex 3 to the Convention on International Civil Aviation;

(b) the World Meteorological Organisation Technical Regulations Number 49 Volume II-Meteorological Services for International Air Navigation;

(c) procedures contained in Annexes 3, 11, 12, 15 and 19 to the Convention on International Civil Aviation, Regional Supplementary Procedures on Meteorology (Doc. 7070) and relevant provisions contained in the Air Navigation Plan of the Africa Indian Ocean Region (AFI); and

(d) the Quality Manual for the Aeronautical Meteorological Services (AMS);

(4) The Service shall provide the following services in support of international air navigation—

(a) make routine meteorological observations at fixed intervals;

(b) make special weather observations whenever specified changes occur in respect of surface wind, visibility, runway visual range, present weather, and cloud and air temperature;

(c) prepare and obtain significant weather forecasts information and maintain contact with Regional Specialised Meteorological Centres (RSMCs) for the notification and exchange of information on volcanic ash and tropical cyclone activity;

(d) display and provide briefing, consultation and flight documentation to flight crew members and other flight operations personnel, the latest information on existing and expected meteorological conditions along the route to be flown, at the aerodrome of intended landing, alternate aerodromes and other aerodromes as established under the Civil Aviation Act (Cap. 71:01) in consultation with the Service;

(e) perform weather watch and monitoring, including the ability to detect and forecast hazards relevant to the aviation industry;

(f) derive forecast and warning products as agreed by the Service, air traffic services and air operators;

(g) maintain a record of aeronautical climatological information for supplying to pilots, air traffic services, air operators and any other persons on request;

(h) exchange aeronautical meteorological information with other aeronautical meteorological offices; and

(i) supply information received concerning the accidental release of radioactive materials into the atmosphere within its area of responsibility to the air traffic services, aeronautical information service providers and appropriate civil aviation authorities concerned for dissemination.

(5) The Service shall have exclusive rights to provide weather warnings, watches and advisories for severe weather events to any interested party or to a person likely to be affected by any impending weather-related disaster.

(6) The weather warnings and advisories under subregulation (5) shall be issued through communication methods that ensure that the warning reaches the person warned in the shortest possible time.

(7) A person issued with the warning under this regulation shall—

(a) as soon as received, and without any modification, pass the information to a user;

(b) have a system in place to alert the user on when a warning was sent by the Service;

(d) acknowledge that the Service has provided the warning.

4. Establishment of aerodrome meteorological office

(1) The Service shall establish one or more aerodrome meteorological offices which are adequate for the provision of the meteorological services required to satisfy the needs of international air navigation.

(2) The aerodrome meteorological offices established in subregulation (1) shall carry out the following functions as necessary to meet the needs of flight operations at aerodromes—

(a) prepare or obtain forecasts and other relevant information for flights with which it is concerned and the extent of its responsibilities to prepare forecasts shall be related to local availability and use of en-route and aerodrome forecast material received from other offices;

(b) prepare or obtain forecasts of local meteorological conditions;

(c) maintain a continuous survey of meteorological conditions over the aerodromes for which it is designated to prepare forecasts;

(d) provide briefing, consultation and flight documentation to pilots or flight crew members and other flight operations personnel;

(e) supply other meteorological information to aeronautical users;

(f) display the available meteorological information;

(g) exchange meteorological information with other meteorological offices;

(h) supply information on pre-eruption volcanic activity, a volcanic eruption or volcanic ash cloud, to its associated air traffic services unit, aeronautical information service units and meteorological watch office as agreed between the meteorological, aeronautical information services unit and the Air Traffic Service unit concerned;

(i) shall issue aerodrome warnings and shall give concise information of meteorological conditions which could adversely affect aircraft on the ground, including parked aircraft, aerodrome facilities and services; and

(j) prepare wind shear warnings for aerodromes where wind shear is considered a factor, in accordance with the local arrangements with the appropriate Air Traffic Services unit and the air operators concerned.

(3) The meteorological information in subregulation (2) shall be provided to the following users for the performance of their respective functions—

(a) operators;

(b) flight crew members;

(d) search and rescue service units; and

(e) airport management and others concerned with the conduct or development of air navigation.

5. Meteorological observations and reports

(1) The Service shall establish, at aerodromes in its flight information region, such aeronautical meteorological stations as it determines necessary.

(2) An aeronautical meteorological station may be a separate station or may be combined with a synoptic station.

(3) An aeronautical meteorological station shall make routine observations at fixed intervals.

(4) The observations referred to in subregulation (3) shall be made as determined by the Service taking into account the requirements of air traffic services units and aircraft operations.

(5) The routine observations shall form the basis for the preparation of reports to be disseminated at the aerodrome of origin and beyond the aerodrome of origin.

(6) The Service shall issue routine observations as—

(a) local routine reports, only for dissemination at the aerodrome of origin which is intended for arriving and departing aircraft; and

(b) METAR for dissemination beyond the aerodrome of origin which is mainly intended for flight planning.

(7) The routine observations shall be supplemented by special observations made at fixed intervals at aerodromes, whenever specified changes occur in respect of surface wind, visibility, runway visual range, present weather, clouds or air temperature.

(8) The Service, in consultation with Air Traffic Services, operators and any other relevant stakeholders shall establish a list of criteria for special observations.

(9) A report of special observations shall be issued as—

(i) a local special report, only for dissemination at the aerodrome of origin which is intended for arriving and departing aircraft; or

(ii) SPECI for dissemination beyond the aerodrome of origin which is mainly intended for flight planning unless METAR are issued at half-hourly intervals.

(10) A report from an automatic observing system in METAR and SPECI shall—

(a) be used by states in a position to do so during non-operational hours of the aerodrome, and during operational hours of the aerodrome as determined by the Service in consultation with users based on the availability and efficient use of personnel;

(b) observe human factors principles and include back-up procedures; and

6. Aircraft observations reporting

(1) The pilot in command of an aircraft shall make routine, special and other non-routine observations during flight in accordance with the requirements determined by the Service.

(2) For the relay of air reports by Air Traffic Services unit, the Service shall make arrangements with the appropriate air traffic services unit to ensure that, on receipt by the Air Traffic Services unit of—

(a) special air-reports by voice communications, the Air Traffic Services unit relays them without delay to its associated meteorological watch office; and

(b) routine and special air reports by data link communications, the Air Traffic Services unit relays them without delay to its associated meteorological watch office.

7. Submission of data from privately run meteorological services

(1) The Service shall provide forms for reporting any required information or data from privately run meteorological stations.

(2) A person operating an observing meteorological station or service shall submit the following data—

(a) daily rainfall;

(b) monthly climatology; and

in a manner determined by the Service.

8. Application to operate a meteorological observing station

(1) A person who wishes to operate a meteorological observing station or provide a meteorological service shall apply for a licence from the Service in Form A set out in the Schedule, at a non-refundable fee of P200, which fee shall be paid in advance.

(2) A person licensed to operate a meteorological observing station shall be required to produce to the Service, a valid certificate of calibration of the said instrument or sensor from an International Organisation for Standardisation (ISO) 17025 accredited institution prior to use.

(3) An operator of a meteorological observing station shall maintain the frequency of the calibration of the instrument in accordance with the World Meteorological Organisation recommendations contained in the “Guide to Meteorological Instruments and Methods of Observations”.

9. Validity of licence

A licence issued by the Committee under these Regulations shall be valid for a period of three years.

10. Conditions on licences

(1) The Committee shall impose the following conditions on any licence granted by it—

(a) a licence issued under the Act shall not be transferrable;

(b) the licence shall become invalid upon the death or bankruptcy of the licensee;

(c) the licence shall be renewable upon payment of a non-refundable fee of P50 upon its expiry and the application for renewal shall be made 30 days before the date of expiry in Form B as set out in the Schedule;

(d) a licensee shall undertake only the activities specified in the licence;

(e) the licensee shall permit or ensure that permission is granted to an inspector upon production of proof of identity to enter any building, premises, compound or any other place to enable the said inspector to inspect, examine or test equipment that is in the station or carry out any other task deemed necessary by the Service;

(f) the licensee shall archive and submit data to the Service upon request; and

(g) where the licensee ceases to operate the station or where the licence ceases to be valid, the licensee shall immediately return the licence to the Service for cancellation.

(2) The Service may vary, modify, suspend or cancel any of the terms of the licence in writing, stating the reasons for the decision and giving the concerned licensee an opportunity to make representations.

11. Installation of meteorological instrument or sensor

(1) The Service reserves the right to approve a proposed meteorological location after—

(a) an inspection by the Service in Form C set out in the Schedule; or

(b) a site survey in Form D set out in the Schedule.

(2) A person issued with a licence to operate a meteorological station or service, whether manual or automatic, shall be required to install meteorological instruments or sensors in accordance with the national, regional, ICAO and World Meteorological Organisation standards.

(3) A person issued with a licence provided for in subregulation (2) shall, once the station is established and is operational, apply to the Service for permission to effect any changes.

(4) A person who tampers with or vandalises the equipment of the Service commits an offence and is liable to a fine not exceeding P20 000, or to imprisonment for a term not exceeding two years, or to both.

(5) A person who wishes to publicly display or share meteorological data shall ensure the instrument used to measure the parameter in question is calibrated and installed according to the service standards.

(6) A person who contravenes the provisions of this regulation commits an offence and is liable to a fine not exceeding P20 000 or to imprisonment for a term not exceeding one year, or to both.

12. Licensing requirements for a privately run meteorological service

A private meteorological service operator shall meet licensing requirements of the Committee and these include—

(a) expressing in writing, at the time of applying, interest and purpose of the service he or she is to provide;

(b) a valid operating licence as provided for under section 8(3) of the Act and in Form E set out in the Schedule;

(c) complying with standards approved by the Committee, including national, World Meteorological Organisation and ICAO where data obtained from the station is used for meteorological purposes or is shared with the public; and

(d) undergoing inspections and audits of the offices, instruments, facilities, documents and records where the Director deems it necessary or is in the interest of public safety and security.

13. Contents of METAR and SPECI reports

(1) Local routine, special reports, METAR and SPECI shall contain in Form F as set out in the Schedule, the following elements in the order indicated—

(a) identification of the type of report;

(b) location indicator and their significations as published in Location Indicators (Doc. 7910);

(d) identification of an automated or missing report, when applicable;

(e) surface wind direction and speed;

(f) visibility;

(g) runway visual range, when applicable;

(h) present weather;

(i) cloud amount;

(j) cloud type (only for cumulonimbus and towering cumulus clouds);

(k) height of cloud base or, where measured;

(l) vertical visibility;

(m) air temperature and dew-point temperature;

(n) QNH; and

(o) where applicable QFE shall be included only in local routine and special reports.

(2) The specific value of any of the elements given in a report shall be deemed to be the best approximation to the actual conditions at the time of observation owing to—

(a) the variability of meteorological elements in space and time;

(b) limitations of observing techniques; and

14. Observations and reports of volcanic activity

(1) The Service shall ensure that the occurrence of pre-eruption volcanic activity, volcanic eruptions and volcanic ash cloud is reported without delay to the associated Air Traffic Services unit, aeronautical information services unit and meteorological watch office.

(2) The report under subregulation (1) shall be in the form of a volcanic activity report comprising the following information in the order indicated—

(a) the type of message,

(b) a volcanic activity report;

(d) date and time of message;

(e) location of volcano and name if known;

(f) concise description of the event including, as appropriate—

(i) level of intensity of volcanic activity,

(ii) occurrence of an eruption, its date and time, and

(iii) the existence of a volcanic ash cloud in the area, direction of ash cloud movement and height; and

(g) available supplementary information concerning—

(i) significant meteorological conditions, particularly those in the approach and climb-out areas, and

(ii) identification of the location of the meteorological condition.

15. Human factors principles in the provision of meteorological services

The Service shall ensure that the meteorological information supplied to users referred to in regulation 4(2) is consistent with human factors principles and is in a form which requires minimum interpretation by the users.

16. Quality Management System for the provision of meteorological services

(1) The Service shall establish and implement a quality system comprising procedures, processes and resources necessary to provide for the quality management of the meteorological information to be supplied to users.

(2) The quality system established—

(a) shall be in conformity with the International Organisation for Standardisation (ISO) 9000 series of quality assurance standards;

(b) shall be certified by an approved organisation; and

(c) shall be in conformity with the guidelines given in the ICAO’s Manual on the Quality Management for the Provision of Meteorological Service for International Air Navigation (Doc. 9873).

(3) The quality system under subregulation (1) shall ensure that—

(a) the meteorological information supplied complies with the stated requirements in terms of the geographical and spatial coverage, format and content, time and frequency of issuance and period of validity; and

(b) the accuracy of measurements, observations and forecasts.

(4) The quality system under subregulation (1) shall—

(a) include verification and validation procedures and resources for monitoring adherence to the prescribed transmission schedules for individual messages and bulletins required to be exchanged, and;

(b) make provision for recording the times of filing and transmission of messages and bulletins; and

(5) The Service shall—

(a) demonstrate compliance of the quality system established and implemented through audits, and

(b) where the system does not conform to the quality system, determine and correct the cause; and

17. Liaison with users of Meteorological information

(1) The Service shall liaise with the users of meteorological information on all matters which affect the provision of meteorological service for air navigation.

(2) The liaison provided for in subregulation (1) may be established through user-consultation methods including—

(a) surveys or questionnaires;

(b) meetings of—

(i) ICAO, and

(ii) airport operations;

(d) workshops or focal groups;

(e) correspondence; and

(f) face to face with individual users.

18. Notification affecting the provision of meteorological information

(1) The operator of an aircraft requiring meteorological service shall notify the service when—

(a) new routes or new types of operations are planned;

(b) changes of a lasting character are to be made in scheduled operations; or

(2) The notification referred to in subregulation (1) shall contain all details necessary for the planning of appropriate arrangements by the Service.

(3) The aerodrome meteorological office shall be notified by the operator or flight crew member of—

(a) flight schedules;

(b) when non-scheduled flights are to be operated; and

19. Services for operators and flight crew members

(1) The Service shall supply meteorological information to operators and flight crew members for—

(a) pre-flight planning by operators;

(b) in-flight planning by operators using centralised operational control of flight operations;

(d) aircraft in-flight.

(2) The meteorological information supplied to operators and flight crew members shall—

(a) cover the flight in respect of time, altitude and geographical extent;

(b) relate to approximate fixed times or period of time; and

(c) extend to the aerodrome of landing, also covering the meteorological conditions expected between the aerodrome of intended landing and alternate aerodromes designated by the operator.

(3) Meteorological information supplied to operators and flight crew members shall be up to date and include—

(a) forecasts of—

(i) upper wind and upper-air temperature,

(ii) flight level and temperature tropopause,

(iii) upper-air humidity,

(iv) cumulonimbus clouds, icing and turbulence,

(v) geopotential altitude of flight levels,

(vi) direction, speed and flight level of maximum wind, or

(vii) SIGWX phenomena, and

(b) METAR or SPECI for the aerodromes of departure and intended landing, and for take off, en-route and destination alternate aerodromes;

(c) Terminal aerodrome forecast or amended terminal aerodrome forecast for the aerodromes of departure and intended landing and for take-off, en-route and destination alternate aerodromes;

(d) forecasts for take-off;

(e) SIGMET information and appropriate special air-reports, relevant to the whole route;

(f) volcanic ash and tropical cyclone advisory information relevant to the whole route;

(g) aerodrome warnings for the local aerodrome;

(h) meteorological satellites images; and

(i) ground based weather radar information.

(4) The forecasts listed under subregulation (3)(a) shall be generated from the digital forecasts provided by the World Area Forecast Centres whenever these forecasts cover the intended flight path in respect of time, altitude and geographical extent.

(5) The forecasts of upper wind and upper-air temperature referred to in subregulation (3)(a)(i) supplied in chart form shall be fixed time prognostic charts for flight levels as specified.

(6) The forecasts of SIGWX phenomena listed under subregulation (3)(a)(v) supplied in chart form, shall be fixed time prognostic charts for an atmospheric layer limited by flight levels or as specified.

(7) The charts generated from the digital forecasts provided by the World Area Forecast Centres shall be made available, to operators at their request, for fixed area of coverage.

(8) The forecasts of upper wind and of SIGWX phenomena above flight level 100 requested for pre-flight planning and in-flight re-planning by the operators shall be supplied as soon as they become available, but not later than three hours before departure.

(9) Meteorological information requested for pre-flight planning and in- flight planning by the operator shall be supplied as soon as practicable.

(10) Where necessary, the Service shall initiate coordinating action with the meteorological authority of other States with a view to obtaining from them the reports or forecasts required.

20. Briefing, consultation and display

(1) The Service shall provide briefing or consultation on request, to flight crew members and other flight operations personnel.

(2) The purpose of the briefing or consultation shall be to supply the latest information on existing and expected meteorological conditions along the route flown, at the aerodrome of intended landing, alternative aerodromes and other relevant aerodromes, either to explain and amplify the information contained in the flight documentation or, if so agreed between the meteorological authority and the operator, in lieu of flight documentation.

(3) Meteorological information used for briefing, consultation and display shall include any or all of the information listed under regulation 19(3).

(4) The briefing, consultation, display or flight documentation under this regulation shall be provided by the meteorological office associated with the aerodrome of departure.

(5) Arrangements to meet the requirements of the crew members shall be agreed upon between the Meteorological Authority and the operator concerned at an aerodrome where these services are not available.

21. Flight documentation

(1) Flight documentation to be made available shall comprise information listed under regulation 19(3)(a)(i) and (vi):

Provided that where it has been agreed between the Service and the operator, flight documentation for flights of two hours’ duration or less, after a short stop or turnaround, shall be limited to the information operationally needed, but in all cases the flight documentation shall at least comprise information at regulation 19(3)(b), (c), (e) and (f).

(2) Where it becomes apparent that the meteorological information to be included in the flight documentation will differ materially from that made available for pre-flight planning and inflight re-planning, the operator shall be advised immediately and if, practicable, be supplied with the revised information as agreed between the operator and the meteorological office concerned.

(3) The Service shall retain information supplied to crew members as printed copies, for a period of at least 30 days from the date of issue.

(4) The information referred to in subregulation (3) shall be made available, on request, for inquiries or investigations and, for these purposes, shall be retained until the inquiry or investigation is completed.

22. Information for aircraft in-flight

Meteorological information for planning by an operator for an aircraft in flight shall be supplied on request, as agreed between the Service and the operator concerned.

23. Meteorological watch office

(1) The Service shall establish one or more meteorological watch offices to be associated with an Air Traffic Services unit.

(2) The meteorological watch office shall—

(a) maintain continuous watch over meteorological conditions affecting flight operations within its area of responsibility;

(b) prepare SIGMET and other information relating to its area of responsibility;

(c) supply SIGMET information and as required, other meteorological information to associated air traffic services units; and

(d) disseminate SIGMET information.

24. Information for air traffic services, search and rescue services and aeronautical information services

(1) The Service shall designate a meteorological office to be associated with each air traffic services unit.

(2) The meteorological office shall, after co-ordination with the Air Traffic Services unit, supply up-to-date meteorological information to the unit as necessary for the conduct of its functions.

(3) The meteorological office shall supply search and rescue services units with the meteorological information they require in a form established by mutual agreement and shall maintain liaison with the search and rescue services unit throughout the search and rescue operation.

(4) The Service in co-ordination with the Civil Aviation Authority of Botswana shall arrange to supply updated meteorological information to relevant aeronautical information services units, as necessary, for the conduct of their functions.

(5) The Service shall ensure that any information requested by an Air Traffic Services unit in connection with an aircraft emergency shall be supplied as rapidly as possible.

25. Agreement between Air Traffic Services units and meteorological authorities

(1) The Service and the Air Traffic Services units shall establish agreements to cover—

(a) the provision of air traffic services of displays related to integrated automatic systems;

(b) the calibration and maintenance of a display or instrument;

(d) where necessary, supplementary visual observations;

(e) meteorological information obtained from aircraft taking-off or landing; and

(f) if available, meteorological information obtained from ground radar.

(2) The co-ordination between the National Meteorological Service and the Air Traffic Services unit shall be guided by the ICAO Manual on Co-ordination between Air Traffic Services, Aeronautical Information Services and Aeronautical Meteorological Services (Doc. 9377).

26. Interpretation and use of forecasts

The specific value of any of the elements given in a forecast shall be understood by the recipient to be the most probable value which the element is likely to assume during the period of the forecast.

27. Issuance of aerodrome forecasts

The Meteorological Authority shall—

(a) prepare and issue aerodrome forecasts at a specified time, which shall consist of a concise statement of the expected meteorological conditions at an aerodrome;

(b) ensure that meteorological offices preparing TAF shall keep the forecasts under continuous review and, when necessary, shall issue amendments promptly;

(c) ensure the length of the forecast messages and the number of changes indicated in the forecast are kept to a minimum;

(d) cancel TAF that cannot be kept under continuous review; and

(e) ensure that not more than one TAF is valid at an aerodrome at any given time.

28. Landing forecasts

The Service shall—

(a) prepare landing forecasts in the form of a trend forecast;

(b) ensure that the landing forecast prepared in paragraph (a) consists of a concise statement of the expected significant changes in meteorological conditions at the aerodrome to be appended to a local routine or local special report, or a METAR or SPECI; and

(c) ensure the period of validity of a trend forecast issued in paragraph(a) is two hours from the time of the report which forms part of the landing forecast.

29. Forecasts for take-off

(1) The meteorological authority, shall set up a meteorological office to prepare a forecast for take-off.

(2) A forecast for take-off shall refer to a specified period of time including information on expected conditions over a runway complex with regard to—

(a) surface wind direction;

(b) speed and any variation thereof;

(d) QNH; and

(e) any other element as agreed between the Meteorological Authority and operators.

(3) A forecast for take-off shall be supplied to aircraft operators and flight crew members on request at least three hours before the expected time of departure.

30. Aeronautical climatological information

Aeronautical climatological information required for the planning of flight operations shall—

(a) be prepared in the form of aerodrome climatological tables and aerodrome climatological summaries; and

(b) be supplied to aeronautical users in the manner, interval and medium agreed between the meteorological authority and the users.

31. Requirements for use of telecommunications

(1) The Service shall make available suitable telecommunications facilities to permit—

(a) aerodrome meteorological offices and, as necessary, aeronautical meteorological stations to supply the required meteorological information to—

(i) Air Traffic Services units on the aerodromes for which those offices and stations are responsible,

(ii) aerodrome control towers,

(iii) approach control offices, and

(iv) the aeronautical telecommunications stations serving aerodromes;

(b) meteorological watch offices to supply the required meteorological information to—

(i) air traffic services,

(ii) search and rescue services units in respect of the flight information regions, control areas, and

(iii) search and rescue regions for which those offices are responsible, and

(iv) flight information centres,

(v) area control centres, and

(vi) rescue co-ordination centres, and

(vii) associated aeronautical telecommunications stations;

(c) World Area Forecast Centres to supply the required world area forecast system products to meteorological offices, meteorological authorities and other users;

(d) communications by direct speech between meteorological offices, aeronautical meteorological stations and aerodrome control towers or approach control offices;

(e) the speed with which the communications can be established such that the required points may be contacted within approximately 15 seconds;

(f) telecommunications facilities between meteorological offices, flight information centres, area control centres, rescue co-ordination centres and aeronautical telecommunications stations;

(g) aircraft operators to establish suitable telecommunications facilities for obtaining meteorological information from aerodrome meteorological offices or other appropriate sources as agreed between the Civil Aviation Authority of Botswana and aircraft operators; or

(h) meteorological offices to exchange operational meteorological information.

(2) The exchange of operational meteorological information shall be per the aeronautical meteorological message handling system.

(3) The use of aeronautical meteorological message handling system meteorological bulletins shall be in alphanumeric format.

(4) Meteorological bulletins containing operational meteorological information to be transmitted via the aeronautical fixed service shall be originated by the appropriate meteorological office or aeronautical meteorological station.

(5) The use of aeronautical meteorological message handling system and the World Area Forecast System products in digital form shall be transmitted using binary data communications techniques.

(6) The method and channels used for the dissemination of the products shall be as determined by the Regional Air Navigation Agreement.

32. Personnel qualification and training

(1) The Service shall—

(a) comply with the requirements of the World Meteorological Organisation in respect of qualification and training of meteorological personnel providing service for international air navigation;

(b) establish procedure to assess the competency of personnel providing service for international air navigation; and

(c) maintain the competence and training records of the meteorological personnel providing service for international air navigation.

(2) The training of meteorological personnel in aeronautical meteorology shall be in accordance with—

(a) the World Meteorological Organisation’s Technical Regulations WMO (Publication No. 49) Volume 1 – General Meteorological Standards and Recommended Practices – Chapter B4;

(b) the World Meteorological Organisation’s – No. 1083 – Manual on the Implementation of Education and Training Standards in Meteorology and Hydrology – Volume 1 – Meteorology;

(c) World Meteorological Organisation No. 258 – Guidelines for the Education and Training of Personnel in Meteorology and Hydrology – (Supplement No. 1) – Training and Qualifications Requirement for Aeronautical Meteorological Personnel.

33. Issuance of SIGMET information

(1) SIGMET information shall be issued by the Gaborone meteorological watch office.

(2) The SIGMET information issued in subregulation (1) shall give a concise description in abbreviated plain language concerning the occurrence or expected occurrence of specified en-route weather and other phenomena in the atmosphere which may affect the safety of aircraft operations, and of development of those phenomena in time and space.

(3) SIGMET information shall be cancelled when the phenomena are no longer occurring or are no longer expected to occur in the area.

(4) The period of validity of a SIGMET message shall not exceed four hours.

(5) In the special case of SIGMET message for volcanic ash cloud and tropical cyclone, the period of validity shall not exceed six hours.

(6) SIGMET messages concerning volcanic ash cloud and tropical cyclone shall be based on advisory information provided by VAAC – Toulouse and TCAC – La Reunion respectively as designed through the regional air navigation agreement.

SCHEDULE

Form A

APPLICATION FOR A LICENCE

(reg. 8(1))

REPUBLIC OF BOTSWANA

NATIONAL METEOROLOGICAL SERVICE ACT, 2014

The Director,

Department of Meteorological Services,

PO. Box 10100,

Gaborone

(All information supplied on this form will be treated as confidential)

1 (a) Please provide the name under which the operator of Meteorological Services to be licensed will operate:

_________________________________________________________________

1 (b) Please indicate the status or class of the operator:

A. Sole Proprietor/Individual: YES ………….. NO …………….

B. Partnerships: YES ………… NO …………………

C. Corporation/Institution/Organisation: YES …………… NO …………….

D. Other: YES…/NO…If YES, Specify

…………………………………………………………………………………………..

1 (c) Please list all the trade or legal names that are connected to the above operator in 1(a):

_________________________________________________________________

1 (d) Please indicate the location from which the operator to be licensed will operate:

_________________________________________________________________

2 (a) Is the operator named in 1(a) above registered/incorporated as a business/company:

(i) in Botswana: YES …………… NO ……………..

(ii) Elsewhere: YES …………………. NO ……………..

If YES, please state where:

_________________________________________________________________

3. If registered/incorporated in Botswana, please provide:

(i) Date of registration (attach copy of certificate of registration/incorporation):

_________________________________________________________________

(ii) Name, address and citizenship of each shareholder:

_________________________________________________________________

4. Has any Director or shareholder been convicted within or outside Botswana of any serious criminal offence involving dishonesty? YES ………………. NO ……………

If YES, give details.

_________________________________________________________________

5. Please provide name, address and email for the contact person(s) for the entity/organisation:

_________________________________________________________________

6. For what category of meteorological services is the licence required?

A. For a Station observing one meteorological parameter: YES ……………. NO …………….

B. For a Station observing many meteorological parameters: YES ………….. NO …………..

C. For a Station established for commercial and research purposes:

YES ………… NO ………..

D. Climatology: YES ………………. NO ………………..

E. Other category: YES ……………. NO ……………….

If YES, specify ……………………..

7. Does the entity currently operate in any of the categories listed under 6?

A. YES ………….. NO …………………

B. YES ………….. NO …………………

C. YES ………….. NO …………………

D. YES ………….. NO …………………

E. YES ………….. NO …………………

8. Is the licence required for:

(a) Existing operations: YES ………….. NO ………………….

(b) New operations: YES ………….. NO ………………………

9. If seeking a licence that includes new operations, please provide supporting details with regard to own initiative, including proposals in regards to site, scope of entity, style of operations, etc.

(use a separate sheet)

10. Please indicate, with supporting details, that you have good prospects of acquiring qualified or trained staff and personnel, appropriate location and calibrated equipment required to provide the services associated with the entity.

(use a separate sheet)

11. Please indicate in what format you intend to keep, archive and safeguard the data the Station will produce:

_________________________________________________________________

12. Please indicate how you plan to pay for the licensing application fees:

(a) Cash: YES ……………. NO ………………….

(b) Cheque: YES …………….. NO …………………….

13. I/We, …………………………….. the applicant, hereby acknowledge and declare that:

• I/We have paid an application fee of P ……………….

• I/We have read and understood Part IV of the National Meteorological Service Act pertaining to the Licensing and Registration of Private Operator of Meteorological Services; and

• the foregoing information contained in this application is complete, true and correct to the best of my/our knowledge and belief and that failure to provide complete or accurate information may delay the licensing process or cause my application to be rejected.

Applicant name(s):……………………………………………………………………………….. (print)

Signature(s):………………………………………………………………………………………………..

Date:………………………………………………………………………………………………………….

14. Please send this completed form with attached additional sheets (for parts 9 and 10) and application fee to:

                                                            The Director,
                                                            Department of Meteorological Services,
                                                            P.O. Box 10100, Gaborone

Form B

APPLICATION FOR THE RENEWAL OF OPERATING LICENCE

(reg. 10(1)(c))

REPUBLIC OF BOTSWANA

NATIONAL METEOROLOGICAL SERVICE ACT, 2014

The Director,

Department of Meteorological Services,

P.O. Box 10100,

Gaborone

I/We ………………………….. hereby apply for the renewal of my/our operating licence a copy of which is attached and the particulars of which are as follows:

1. Licence number:………………………………………….

2. Date of issue:……………………………………………..

3. No. and date of last renewal:…………………………… (N/A if it is the first renewal)

4. Date of expiry:……………………………………………..

5. My/our present address is:

…………………………………………………………………………………………………….

6. If the copy of licence is not attached, give reasons why it is not available?

…………………………………………………………………………………………………….

7. If the licence was not renewed within thirty days of the date of expiry, give reasons for the delay.

…………………………………………………………………………………………………….

8. The renewal of licence has not been refused by the Committee.

I/We have not been disqualified for obtaining an operating licence.

I/We have paid the fee of P …………….

I/We hereby declare that to the best of my/our knowledge and belief the particulars given above are true.

Date:……………………………………………….

Name(s) of Applicant(s): ………………………………………………………

………………………………………………………………………………………

Signature(s) of Applicant(s): ………………………………..
…………………………………..

Form C

APPLICATION FOR INSPECTION

(reg. 11(1)(a))

REPUBLIC OF BOTSWANA

NATIONAL METEOROLOGICAL SERVICE ACT, 2014

The Director,

Department of Meteorological Services,

P.O. Box 10100,

Gaborone

1. Date: ……………………………………….

2. Name of individual or facility requiring inspection:

……………………………………………………………………………………………………………………

3. Location of facility requiring inspection:

……………………………………………………………………………………………………………………

4. Name, telephone details, postal and email addresses of person requesting inspection:

……………………………………………………………………………………………………………………

5. Name, telephone details, postal and email addresses for person(s) to contact with regard to the inspection:

……………………………………………………………………………………………………………………

6. Proposed date(s) and time(s) suitable for inspection:

……………………………………………………………………………………………………………………

7. Reason(s) for inspection:

……………………………………………………………………………………………………………………

8. List of instruments/sensors to be inspected (if any):

……………………………………………………………………………………………………………………

9. Last inspection date:

…………………………………………….

Form D

APPLICATION FOR SITE SURVEY

(reg. 11(1)(b))

REPUBLIC OF BOTSWANA

NATIONAL METEOROLOGICAL SERVICE ACT, 2014

The Director,

Department of Meteorological Services,

P.O. Box 10100,

Gaborone

1. Date:…………………………………………

2. Name of individual or facility requiring site survey:

………………………………………………………………………………………………………………..

3. Location of site to be surveyed:

………………………………………………………………………………………………………………..

4. Approximate site area to be surveyed:

………………………………………………………………………………………………………………..

5. Name, telephone details, postal and email addresses for person(s) requesting site survey:

………………………………………………………………………………………………………………..

6. Name, telephone details, postal and email addresses for person(s) to contact for site survey:

………………………………………………………………………………………………………………..

7. Proposed date(s) and time(s) suitable for site survey:

………………………………………………………………………………………………………………..

8. Reason(s) for site survey:

………………………………………………………………………………………………………………..

9. Visible landmarks around the site to be surveyed e.g. hills, building, etc:

………………………………………………………………………………………………………………..

10. Terrain at site to be inspected (surveyed) e.g. flat, slope, etc:

………………………………………………………………………………………………………………..

11. Instruments intended for use at the site:

………………………………………………………………………………………………………………..

12. Type of station to be installed e.g. Automatic Weather Station (AWS) or Manual Observing Station :

………………………………………………………………………………………………………………..

13. Planned developments at or near the site:

………………………………………………………………………………………………………………..

Form E

METEOROLOGICAL SERVICES OPERATING LICENCE

(reg. 12(b))

REPUBLIC OF BOTSWANA

NATIONAL METEOROLOGICAL SERVICE ACT, 2014

The Director,

Department of Meteorological Services,

P.O. Box 10100,

Gaborone

1. In terms of section 8(3) of the NATIONAL METEOROLOGICAL SERVICE ACT, 2014, a licence is hereby granted to: (name and address of the operator) ………………………………………………………………………………………………………………….. for the purpose of operating a privately-run meteorological services station at …………………………………………………….. (location of station) in the category of ………………………………………………………………………………………….

2. This licence is valid from 1st January, ……………. to 31st December, ………………..

3. The licence number is ………………….. and is issued for the year:…………………….

4. This licence is issued subject to the following conditions:

(a) In accordance with and subject to the Act and the Regulations and shall remain valid for the duration of the licence unless cancelled prior thereto by the National Meteorological Services in accordance with the Act or Regulation or the conditions herein.

(b) The licensee hereby represents and warrants that the information or documents supplied for the purposes of applying for this licence is true.

(c) The licensee and all the persons operating the stations which the licensee is authorised by this license to establish, install and operate, shall observe and comply with the Act, the Regulations and the conditions of the licence.

(d) The licensee shall not permit or cause any unauthorised person to operate the station or have access to the station and equipment therein.

(e) The licensee shall ensure that persons authorised to operate the station observe the conditions of this licence at all times.

(f) The licensee shall ensure that equipment and instruments in the station shall at all times be installed, calibrated and operated to comply with all applicable national and World Meteorological Organisation standards and technical regulations or requirements specified by the Service from time to time.

3. This licence was issued:

Place of Issue:……………………………………….. Signature:………………………………….

Date of issue:…………………………………….

Expiry Date:………………………………………

Director of Service:

Form F

REPORTING DATA FROM PRIVATE METEOROLOGICAL STATION

(reg. 13(1))

REPUBLIC OF BOTSWANA

NATIONAL METEOROLOGICAL SERVICE ACT, 2014

The Director,

Department of Meteorological Services,

P.O. Box 10100,

Gaborone

1. Name of Enterprise/Organisation:

……………………………………………………………………………………………………….

Phone number: …………………………………… Fax: …………………….

Email address: ………………………………………………………………….

Contact person:

……………………………………………………………………………………………………….

Report prepared by:

……………………………………………………………………………………………………….

2. Format in which data is reported: (tick appropriate box)

(i) Printed list/Report:

(ii) Electronic list/Report:

(iii) Data supplied with this form:

NOTE: If reported data is printed list/report, attach it to this form and write “see attachment” at part 2 above and if it is electronic list/report, email to the address that will be provided.

3. Type of data and frequency of reporting: (tick appropriate box)

	FREQUENCY OF REPORTING
TYPE OF DATA	DAILY	MONTHLY
1. RAINFALL
2. CLIMATOLOGICAL DATA
3. OTHER (specify)

4. Date information was observed:

……………………………………………………………………………………………………….

5. Date(s) information is reported:

……………………………………………………………………………………………………….

6. Anything special or specific about the data that is worth noting or needs attention:

……………………………………………………………………………………………………….

7. Has your organisation reported the same type of data before?

YES …………………… NO …………….

8. If YES, approximately when was the last time? …………………… and in what format?

……………………………………………………………………………………………………….

9. Use the table below to fill in the information about the data you are reporting:

DATE OF OBSERVATION	PARAMETER OBSERVED	VALUE OR AMOUNT MEASURED/OBSERVED

10. I/We attest that the information I/we have provided is accurate and correct to the best of my/our knowledge:

……………………………………… signature(s) of reporter(s)

…………………………………………………