Administrative Measures for the Import and Export of Ozone Depleting Substances (2019 Amendment Version)

Administrative Measures for the Import and Export of Ozone Depleting Substances (2019 Amendment Version) Administrative Measures for the Import and Export of Ozone Depleting Substances (Promulgated by Order No. 26 of the Ministry of Environmental Protection, the Ministry of Commerce and the General Administration of Customs on January 27, 2014; and amended by Order 7 of the Ministry of Ecology and Environment in accordance with the Decision of the Ministry of Ecology and Environment to Repeal and Amend Certain Rules on August 22, 2019) Article 1 To perform the Montreal Protocol on Substances that Deplete the Ozone Layer and the Amendment thereto, and strengthen the administration of the import and export of ozone depleting substances (“ODS”) of our country, these Measures are formulated in accordance with the Regulation on the Administration of Ozone Depleting Substances . Article 2 These Measures shall apply to the import or export of ODS as listed in the List of Import and Export of Controlled ODS in China in any form and to the transportation of ODS as listed in the List of Import and Export of Controlled ODS in China into or out of the customs territory of the People's Republic of China through donations, sample goods, advertising articles, return of goods and other methods, except as otherwise provided for by any law or regulation. The List of Import and Export of Controlled ODS in China has been formulated, adjusted and issued by the competent environmental protection department of the State Council in conjunction with competent commerce department of the State Council and the General Administration of Customs. Article 3 The ODS as listed in the List of Import and Export of Controlled ODS in China shall be subject to the import and export quota licenses administration. Article 4 The competent environmental protection department of the State Council, the competent commerce department of the State Council and the General Administration of Customs have jointly established the National Management Office of ODS Import and Export to conduct the unified supervision and administration over ODS import and export. Article 5 The competent environmental protection department of the State Council shall, according to the progress of elimination of ODS, determine the total numbers of national annual ODS import and export quotas by consulting with the competent commerce department of the State Council, and publish the total numbers of import and export quotas for the next year prior to December 20 of each year. Article 6 Entities engaging in ODS import or export (hereinafter referred to as “importers or exporters”) shall have the legal person status, and handle the recordation and registration formalities for foreign trade operators according to law. Article 7 Importers or exporters shall, prior to October 31 of each year, apply to the National Management Office of ODS Import and Export for import or export quotas for the next year, and submit the application forms for ODS import or export quotas for the next year and annual import or export schedules. Importers or exporters applying for import or export quotas for the first time shall also submit the corporate business licenses and recordation and registration forms of foreign trade operators, as well as the statements on their ODS import or export performances in the first three years. Entities applying for importing or exporting the ODS which fall under the scope of hazardous chemicals shall also submit the hazardous chemicals production, use or business permits issued by the work safety supervision and administration departments. Where any entity fails to submit the aforesaid materials on schedule or submits incomplete application materials, the National Management Office of ODS Import and Export will not accept its quota application. Article 8 The National Management Office of ODS Import and Export shall take the following factors into consideration in the process of verifying an importer or exporter's application for annual import or export quotas: (1) Compliance with laws and regulations. (2) ODS import or export performance in the first three years. (3) Plan for ODS import or export and the quotas utilization of the previous year. (4) Management level and the implementation of environmental protection measures. (5) Other factors affecting the ODS import or export. Article 9 The National Management Office of ODS Import and Export shall, prior to December 20 of each year, decide whether to grant quotas to an importer or exporter, and make an announcement thereon. Article 10 Where an importer or exporter needs to import or export ODS within the annual import or export quotas, it shall apply to the National Management Office of ODS Import and Export for obtaining the approval form for the import or export of ODS under control, and submit the following materials: (1) Application form for ODS import or export. (2) Foreign trade contract, order or other relevant materials. A non-production enterprise shall also submit the certificate on the supply of go......