Administrative Measures for the Import and Export of Ozone-Depleting Substances
Administrative Measures for the Import and Export of Ozone-Depleting Substances
Administrative Measures for the Import and Export of Ozone-Depleting Substances
Order of the Ministry of Ecology and Environment, the Ministry of Commerce, and the General Administration of Customs No. 38
March 21, 2025
The Administrative Measures for the Import and Export of Ozone-Depleting Substances, revised and adopted at the 7th executive meeting of the Ministry of Ecology and Environment in 2024 on December 18, 2024, and approved by the Ministry of Commerce and the General Administration of Customs, are hereby issued and shall take effect on May 1, 2025.
Huang Runqiu, Minister of the Ministry of Ecology and Environment
Wang Wentao, Minister of the Ministry of Commerce
Sun Meijun, Minister of the General Administration of Customs
Administrative Measures for the Import and Export of Ozone-Depleting Substances
Article 1 These Measures are formulated in accordance with the Administrative Regulations on Ozone-Depleting Substances, to implement the Montreal Protocol on Substances that Deplete the Ozone Layer and its amendments, and to strengthen the management of the import and export of ozone-depleting substances (ODS) in China.
Article 2 These Measures shall apply to activities involving the import and export of ODS listed in the List of Ozone-Depleting Substances Subject to Import and Export Control in China (the "List").
The List of Ozone-Depleting Substances Subject to Import and Export Control in China shall be formulated, adjusted, and published by the competent authority of ecology and environment under the State Council, in conjunction with the competent commerce authority under the State Council and the General Administration of Customs (GAC).
Article 3 The State shall implement an import and export quota licensing system for the management of ODS listed in the List.
Article 4 The competent authority of ecology and environment under the State Council shall be uniformly responsible for the national supervision and management of ODS.
The competent authority of ecology and environment under the State Council, the competent commerce authority under the State Council, and the GAC shall jointly establish a national authority for the ODS import and export.
Article 5 The competent authority of ecology and environment under the State Council shall, in consultation with the competent commerce authority under the State Council, determine the national annual total import and export quotas for ODS based on the progress of the phase-out of ODS, and announce the total import and export quotas for the following year by December 20 each year.
Article 6 An entity that imports or exports ODS (hereinafter "import or export entity") shall apply to the national authority for the ODS import and export for an import or export quota (hereinafter "import or export quota") and obtain an approval certificate for the import or export of ODS (hereinafter "import or export approval certificate").
Article 7 An import or export entity shall apply to the national authority for the ODS import and export for the import or export quota for the following year by October 31 each year.
An import or export entity applying for the import or export quota shall submit the following materials:
(1) An application form for import and export quota;
(2) Annual ODS import and export plan; and
(3) For entities applying for the import and export quota for the first time, a business license shall also be submitted.
The national authority for the ODS import and export will not accept applications for import and export quotas if the above materials are not submitted on time.
Article 8 When reviewing the annual import or export quota application of an import or export entity, the national authority for the ODS import and export shall comprehensively consider the following factors:
(1) Compliance with laws and regulations;
(2) The completion status of the previous year's import or export plan and quota for the ODS; and
(3) Other factors affecting the ODS import or export.
Article 9 The national authority for the ODS import and export shall make a decision on whether to issue import and export quotas by December 20 each year and make an announcement.
Article 10 Within the annual import and export quota, if an import or export entity needs to import or export ODS, it shall apply to the national authority for the ODS import and export to obtain an import or export approval certificate.
Under any of the following circumstances, the import or export entity may directly apply to the national authority for the ODS import and export to obtain an import or export approval certificate:
(1) Where the ODS are used as raw materials;
(2) Where the ODS are used in small quantities for experimental analysis in laboratories;
(3) Where the ODS are used by Customs for quarantine purposes to prevent the entry or exit of harmful organisms;
(4) Where the ODS are sourced from recycling; or
(5) Other circumstances as specified by the competent authority of ecology and environment under the State Council, where direct application for the import and export approval certificate is permitted.
Article 11 An import or export entity applying for the import or export approval certificate shall submit the following materials:
(1) An application form for the import or export of ODS;
(2) Foreign trade contract or order and other relevant materials, as well as the supply proof from the entity that produces the ODS;
(3) For the export of ODS for special purposes, the export entity shall submit materials such as the import license or other official approval documents issued by the government agency of the importing country;
(4) For a first-time applicant for the import or export approval certificate, a business license shall also be submitted; and
(5) Other materials as deemed necessary by the national authority for the ODS import and export.
Article 12 The national authority for the ODS import and export shall complete the review within 20 working days from the date of accepting an application, and make a decision on whether to approve the application.
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Order of the Ministry of Ecology and Environment, the Ministry of Commerce, and the General Administration of Customs No. 38
March 21, 2025
The Administrative Measures for the Import and Export of Ozone-Depleting Substances, revised and adopted at the 7th executive meeting of the Ministry of Ecology and Environment in 2024 on December 18, 2024, and approved by the Ministry of Commerce and the General Administration of Customs, are hereby issued and shall take effect on May 1, 2025.
Huang Runqiu, Minister of the Ministry of Ecology and Environment
Wang Wentao, Minister of the Ministry of Commerce
Sun Meijun, Minister of the General Administration of Customs
Administrative Measures for the Import and Export of Ozone-Depleting Substances
Article 1 These Measures are formulated in accordance with the Administrative Regulations on Ozone-Depleting Substances, to implement the Montreal Protocol on Substances that Deplete the Ozone Layer and its amendments, and to strengthen the management of the import and export of ozone-depleting substances (ODS) in China.
Article 2 These Measures shall apply to activities involving the import and export of ODS listed in the List of Ozone-Depleting Substances Subject to Import and Export Control in China (the "List").
The List of Ozone-Depleting Substances Subject to Import and Export Control in China shall be formulated, adjusted, and published by the competent authority of ecology and environment under the State Council, in conjunction with the competent commerce authority under the State Council and the General Administration of Customs (GAC).
Article 3 The State shall implement an import and export quota licensing system for the management of ODS listed in the List.
Article 4 The competent authority of ecology and environment under the State Council shall be uniformly responsible for the national supervision and management of ODS.
The competent authority of ecology and environment under the State Council, the competent commerce authority under the State Council, and the GAC shall jointly establish a national authority for the ODS import and export.
Article 5 The competent authority of ecology and environment under the State Council shall, in consultation with the competent commerce authority under the State Council, determine the national annual total import and export quotas for ODS based on the progress of the phase-out of ODS, and announce the total import and export quotas for the following year by December 20 each year.
Article 6 An entity that imports or exports ODS (hereinafter "import or export entity") shall apply to the national authority for the ODS import and export for an import or export quota (hereinafter "import or export quota") and obtain an approval certificate for the import or export of ODS (hereinafter "import or export approval certificate").
Article 7 An import or export entity shall apply to the national authority for the ODS import and export for the import or export quota for the following year by October 31 each year.
An import or export entity applying for the import or export quota shall submit the following materials:
(1) An application form for import and export quota;
(2) Annual ODS import and export plan; and
(3) For entities applying for the import and export quota for the first time, a business license shall also be submitted.
The national authority for the ODS import and export will not accept applications for import and export quotas if the above materials are not submitted on time.
Article 8 When reviewing the annual import or export quota application of an import or export entity, the national authority for the ODS import and export shall comprehensively consider the following factors:
(1) Compliance with laws and regulations;
(2) The completion status of the previous year's import or export plan and quota for the ODS; and
(3) Other factors affecting the ODS import or export.
Article 9 The national authority for the ODS import and export shall make a decision on whether to issue import and export quotas by December 20 each year and make an announcement.
Article 10 Within the annual import and export quota, if an import or export entity needs to import or export ODS, it shall apply to the national authority for the ODS import and export to obtain an import or export approval certificate.
Under any of the following circumstances, the import or export entity may directly apply to the national authority for the ODS import and export to obtain an import or export approval certificate:
(1) Where the ODS are used as raw materials;
(2) Where the ODS are used in small quantities for experimental analysis in laboratories;
(3) Where the ODS are used by Customs for quarantine purposes to prevent the entry or exit of harmful organisms;
(4) Where the ODS are sourced from recycling; or
(5) Other circumstances as specified by the competent authority of ecology and environment under the State Council, where direct application for the import and export approval certificate is permitted.
Article 11 An import or export entity applying for the import or export approval certificate shall submit the following materials:
(1) An application form for the import or export of ODS;
(2) Foreign trade contract or order and other relevant materials, as well as the supply proof from the entity that produces the ODS;
(3) For the export of ODS for special purposes, the export entity shall submit materials such as the import license or other official approval documents issued by the government agency of the importing country;
(4) For a first-time applicant for the import or export approval certificate, a business license shall also be submitted; and
(5) Other materials as deemed necessary by the national authority for the ODS import and export.
Article 12 The national authority for the ODS import and export shall complete the review within 20 working days from the date of accepting an application, and make a decision on whether to approve the application.
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