Regulation on the Administration of Ozone Depleting Substances (2018 Revision)

Regulation on the Administration of Ozone Depleting Substances (2018 Revision) Regulation on the Administration of Ozone Depleting Substances (Promulgated by the Order No. 573 of the State Council of the People's Republic of China on April 8, 2010; and amended in accordance with the Decision of the State Council on Amending Some Administrative Regulations on March 19, 2018.) Chapter I General Provisions Article 1 To strengthen the administration of ozone depleting substances, fulfill the obligations of the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer , protect the ozone layer and eco-environment, and maintain people's health, this Regulation is formulated pursuant to the Air Pollution Prevention and Control Law of the People's Republic of China . Article 2 The term “ozone depleting substances” as mentioned in this Regulation refers to chemicals which damage the ozone layer and are in the Checklist of Ozone Depleting Substances under National Control. The Checklist of Ozone Depleting Substances under National Control shall be made, adjusted and published by the environmental protection department under the State Council together with other competent departments under the State Council. Article 3 This Regulation shall apply to the production, sales, consumption and import/export of ozone depleting substances inside the People's Republic of China. The term “production” as mentioned in the preceding paragraph refers to the producing activities of ozone depleting substances. The term “consumption” as mentioned in the preceding paragraph refers to the use of ozone depleting substances for productions and business operations, excluding the use of products containing ozone depleting substances. Article 4 The environmental protection department under the State Council is in charge of the supervision and administration of ozone depleting substances around the whole nation. The commerce department under the State Council, the General Administration of Customs and other relevant departments shall, under this Regulation, take charge of the supervision and administration of ozone depleting substances within their respective scope of functions and duties. The environmental protection departments and commerce departments of the local people's governments at or above the county level shall, under this Regulation, take charge of the supervision and administration of ozone depleting substances in their respective administrative regions within their respective scope of functions and duties. Article 5 The state will gradually reduce ozone depleting substances used as refrigerants, foaming agents, extinguishing agents, solvents, detergents, processing agents, pesticides, aerosols and expansion agents till they are finally eliminated. The environmental protection department under the State Council shall, together with other relevant departments under the State Council, draft a National Plan for Gradually Eliminating Ozone Depleting Substances (hereinafter referred to as the National Plan) and implement it upon the approval of the State Council. Article 6 The environmental protection department under the State Council shall, together with other relevant departments under the State Council, based on the National Plan and the elimination progress of ozone depleting substances, determine and publish a category of construction projects producing or consuming ozone depleting substances whose building, rebuilding or expansion is restricted or prohibited, and make and publish a category of ozone depleting substances whose production, consumption or import/export is restricted or prohibited. Any party that needs to produce or consume for special purposes any ozone depleting substances whose production or consumption is prohibited under the preceding paragraph shall submit an application to the environmental protection department under the State Council and other relevant departments under the State Council for approval pursuant to the special purpose provisions of the Montreal Protocol on Substances that Deplete the Ozone Layer . Article 7 The state exercises total quantity control and quota management to the production, consumption and import/export of ozone depleting substances. The environmental protection department under the State Council shall, based on the National Plan and the elimination progress of ozone depleting substances, decide and announce the national annual production, consumption and import/export quota of ozone depleting substances together with other relevant departments under the State Council Article 8 The state encourages and supports the scientific research, technological development, promotion and application of substitutes and substitution technologies of ozone depleting substances. The environmental protection department under the State Council shall, together with other relevant departments under the State Council, make, adjust and publish the National Catalogue of Recommended Substitutes for Ozone Depleting Substances. The development, production and consumption of the substitutes for ozone depleting substances shall conform to the national industrial policies, and enjoy preferential policies according to the relevant state provisions. The state will give rewards to entities and individuals that make extraordinary achievements in the elimination of ozone depleting substances. Article 9 Entities and individuals have the right to report violations of this Regulation to the environmental protection departments or other relevant departments of the local people's governments at or above the county level. These departments shall, immediately after receiving tip-offs, investigate and handle them, keep confidential the tipsters' information, and give rewards to them if the reported violations are verified as true. Chapter II Production, Distribution and Consumption Article 10 Entities producing or consuming ozone depleting substances shall obtain a production or consumption quota permit under this Regulation. However, if a consumer is under any of the following circumstances, it is not required to get a consumption quota permit: 1. A maintenance entity needs to use ozone depleting substances to maintain the cooling devices, cooling systems or extinguishing systems; 2. A lab needs to use a small quantity of ozone depleting substances for experimental analysis; 3. An entry/exit inspection and quarantine body needs to use ozone depleting substances for quarantine purposes to prevent the entry or exit of harmful organisms; or 4. Any other circumstances under which the party concerned is not required to get a consumption quota permit as specified by the environmental protection department under the State Council. Article 11 Entities producing or consuming ozone depleting substances shall meet the conditions prescribed by laws and administrative regulations and also: 1. Have made achievements in the legal production or consumption of the ozone depleting substances in question; 2. Have sites, facilities, equipment and professional technicians for the production or consumption of the ozone depleting substances in question; 3. Have environmental protection devices; and 4. Have sound management rules for production and business operations. Item 1 of the preceding paragraph is not applicable to entities which use ozone depleting substances for the special purposes as mentioned in Article 6 of this Regulation. Article 12 An entity producing or consuming ozone depleting substances shall submit a written application to the environmental protection department under the State Council for the production or consumption quota of the next year before October 31 of each year, and submit evidentiary materials to prove that it meets the conditions prescribed in Article 11 of this Regulation. The environmental protection department under the State Council shall, based on the annual total quota of the state for the production or consumption of ozone depleting substances and the applicant's achievements made in the production or consumption of the ozone depleting substances in question, decide the applicant's production or consumption quota of the next year, and finish the examination before December 20 o......