EMB head Julian Amador was referring to the statement he gave during the Sept. 18 hearing of the House appropriations committee, in relation to Administrative Order 2000-18, or the so-called chemical control order for ODS.
"When I said that the footnote in the order should be used to compute the country‘s annual importation of ODS, it did not mean that Abaya’s computations were correct," he said in a statement.
He added: "In fact, records will show that the import quota given to importers for the year 2000 did exceed the allowable quota prescribed by the order."
Amador told the House panel that the footnote in question must be part of the formula, in form and in substance, in determining the ODS import quota.
The footnote states that "the 1996 levels were only estimated consumption based on available data. An allowance of 75 percent is added to consider unaccountable imports."
It also states that "at the end of every calendar year, any remainder of the allowable quota for a particular substance is deemed consumed."
A legal team which Environment and Natural Resources Secretary Heherson Alvarez formed to look into ODS imports, found prima facie evidence against Abaya for "grave misconduct" for issuing pre-shipment import clearances last year in favor of unregistered and unevaluated ODS importers and in excess of 367.126 metric tons from the allowable ODS importation for 2000, in violation of AO 2000-18. — Jose Rodel Clapano, Romel Bagares