Regulations on Administration of Ozone-Depleting Substances (Revised in 2023)
Regulations on Administration of Ozone-Depleting Substances (Revised in 2023)
Regulations on Administration of Ozone-Depleting Substances (Revised in 2023)
Order of the State Council of the People's Republic of China No. 770
December 29, 2023
(Promulgated by Order No. 573 of the State Council of the People's Republic of China on April 8, 2010; revised for the first time by the Decision of the State Council on Amending and Repealing Some Administrative Regulations; and revised for the second time by the Decision of the State Council on Amending the Regulations on Administration of Ozone-Depleting Substances on December 29, 2023)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution for the purpose of strengthening the management of ozone-depleting substances (ODS), fulfilling the obligations specified in the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer, protecting the ozone layer and the ecological environment, and safeguarding human health.
Article 2 The term "ozone-depleting substances" in these Regulations means chemicals included in the List of Controlled Ozone-Depleting Substances in China.
The List of Controlled Ozone-Depleting Substances in China shall be formulated, adjusted and released by the competent ecology and environment authority under the State Council in collaboration with the relevant authorities under the State Council.
Article 3 These Regulations apply to such activities as production, sale, use, import and export of ODS within the territory of the People's Republic of China.
The term "production" in the preceding paragraph means the activities of manufacturing ODS. The term "use" in the preceding paragraph means the production and business activities conducted by using ODS, excluding the use of products that contain ODS.
Article 4 The management of ODS shall adhere to the leadership of the Communist Party of China (CPC), implement the Party's and the State's lines, guidelines, policies, as well as decisions and arrangements.
The competent environment and ecology authority under the State Council shall be responsible for unified supervision and management of ODS nationwide.
The competent commerce authority, General Administration of Customs (GAC) and other relevant authorities under the State Council shall be responsible for supervision and management of ODS in line with the provisions hereof and their functions and duties.
The competent authorities of environment and ecology, commerce authorities and other relevant authorities under local people's governments at or above the county level shall, in line with the provisions hereof and their functions and duties, be responsible for supervision and management of ODS within their respective administrative regions.
Article 5 The State shall progressively reduce and ultimately phase out ODS used as refrigerants, blowing agents, fire extinguishing agents, solvents, cleaning agents, process agents, pesticides, aerosols, expansion agents, etc.
The use of ODS already phased out by the State for the purposes specified in the preceding paragraph shall be prohibited.
The competent environment and ecology authority under the State Council, in collaboration with the relevant authorities under the State Council, shall draft the National Plan for China's Implementation of the Montreal Protocol on Substances that Deplete the Ozone Layer (the "National Plan") and submit it to the State Council for approval before implementation.
Article 6 The competent environment and ecology authority under the State Council shall, based on the National Plan and the progress of phasing out ODS, collaborate with the relevant authorities under the State Council to determine and publicly announce the categories of construction projections restricting or prohibiting the production or use of ODS in the new, renovated or expanded projects, and they shall formulate and release the list of ODS subject to restriction or prohibition in production, use, and import/export.
For ODS prohibited for prohibition or use by the preceding paragraph, if their production or use is deemed necessary for special purposes, it shall be approved by the competent environment and ecology authority under the State Council and the relevant authorities under the State Council, in accordance with the provisions permitting the use of ODS for special purposes as outlined in the Montreal Protocol on Substances that Deplete the Ozone Layer.
Article 7 The State exercises control over the total quantity and manages quotas for the production, use, and import/export of ODS. The competent environment and ecology authority under the State Council shall, based on the National Plan and the progress of phasing out ODS, collaborate with relevant authorities under the State Council to determine and publicly announce the annual total quotas for the production, use, and import/export of ODS at the national level.
Article 8 The State encourages and supports scientific research, technological development, and widespread application of alternatives to ODS and alternative technologies.
The competent environment and ecology authority under the State Council, in collaboration with relevant authorities under the State Council, shall formulate, adjust, and publish the Recommended List of Alternatives to Ozone-Depleting Substances in China.
The development, production, and use of alternatives to ODS must align with national industrial policies and enjoy preferential policies as stipulated by relevant regulations of the State. Entities and individuals that have made outstanding achievement in the phase-out of ODS shall be rewarded in accordance with relevant regulations of the State.
Article 9 Any entity or individual has the right to report violations of these Regulation to the competent environment and ecology authority or other relevant authorities.
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Order of the State Council of the People's Republic of China No. 770
December 29, 2023
(Promulgated by Order No. 573 of the State Council of the People's Republic of China on April 8, 2010; revised for the first time by the Decision of the State Council on Amending and Repealing Some Administrative Regulations; and revised for the second time by the Decision of the State Council on Amending the Regulations on Administration of Ozone-Depleting Substances on December 29, 2023)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution for the purpose of strengthening the management of ozone-depleting substances (ODS), fulfilling the obligations specified in the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer, protecting the ozone layer and the ecological environment, and safeguarding human health.
Article 2 The term "ozone-depleting substances" in these Regulations means chemicals included in the List of Controlled Ozone-Depleting Substances in China.
The List of Controlled Ozone-Depleting Substances in China shall be formulated, adjusted and released by the competent ecology and environment authority under the State Council in collaboration with the relevant authorities under the State Council.
Article 3 These Regulations apply to such activities as production, sale, use, import and export of ODS within the territory of the People's Republic of China.
The term "production" in the preceding paragraph means the activities of manufacturing ODS. The term "use" in the preceding paragraph means the production and business activities conducted by using ODS, excluding the use of products that contain ODS.
Article 4 The management of ODS shall adhere to the leadership of the Communist Party of China (CPC), implement the Party's and the State's lines, guidelines, policies, as well as decisions and arrangements.
The competent environment and ecology authority under the State Council shall be responsible for unified supervision and management of ODS nationwide.
The competent commerce authority, General Administration of Customs (GAC) and other relevant authorities under the State Council shall be responsible for supervision and management of ODS in line with the provisions hereof and their functions and duties.
The competent authorities of environment and ecology, commerce authorities and other relevant authorities under local people's governments at or above the county level shall, in line with the provisions hereof and their functions and duties, be responsible for supervision and management of ODS within their respective administrative regions.
Article 5 The State shall progressively reduce and ultimately phase out ODS used as refrigerants, blowing agents, fire extinguishing agents, solvents, cleaning agents, process agents, pesticides, aerosols, expansion agents, etc.
The use of ODS already phased out by the State for the purposes specified in the preceding paragraph shall be prohibited.
The competent environment and ecology authority under the State Council, in collaboration with the relevant authorities under the State Council, shall draft the National Plan for China's Implementation of the Montreal Protocol on Substances that Deplete the Ozone Layer (the "National Plan") and submit it to the State Council for approval before implementation.
Article 6 The competent environment and ecology authority under the State Council shall, based on the National Plan and the progress of phasing out ODS, collaborate with the relevant authorities under the State Council to determine and publicly announce the categories of construction projections restricting or prohibiting the production or use of ODS in the new, renovated or expanded projects, and they shall formulate and release the list of ODS subject to restriction or prohibition in production, use, and import/export.
For ODS prohibited for prohibition or use by the preceding paragraph, if their production or use is deemed necessary for special purposes, it shall be approved by the competent environment and ecology authority under the State Council and the relevant authorities under the State Council, in accordance with the provisions permitting the use of ODS for special purposes as outlined in the Montreal Protocol on Substances that Deplete the Ozone Layer.
Article 7 The State exercises control over the total quantity and manages quotas for the production, use, and import/export of ODS. The competent environment and ecology authority under the State Council shall, based on the National Plan and the progress of phasing out ODS, collaborate with relevant authorities under the State Council to determine and publicly announce the annual total quotas for the production, use, and import/export of ODS at the national level.
Article 8 The State encourages and supports scientific research, technological development, and widespread application of alternatives to ODS and alternative technologies.
The competent environment and ecology authority under the State Council, in collaboration with relevant authorities under the State Council, shall formulate, adjust, and publish the Recommended List of Alternatives to Ozone-Depleting Substances in China.
The development, production, and use of alternatives to ODS must align with national industrial policies and enjoy preferential policies as stipulated by relevant regulations of the State. Entities and individuals that have made outstanding achievement in the phase-out of ODS shall be rewarded in accordance with relevant regulations of the State.
Article 9 Any entity or individual has the right to report violations of these Regulation to the competent environment and ecology authority or other relevant authorities.
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