The Regulation on the Management of Substances that Deplete the Ozone Layer was adopted at the 24th executive meeting of the State Council on March 20 10, and came into force on June 30, 20/KLOC-0.
Regulations on the management of ozone-depleting substances
Chapter I General Principles
Article 1 In order to strengthen the management of substances that deplete the ozone layer, fulfill the obligations stipulated in 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 ecological environment, and safeguard human health, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Air Pollution.
Article 2 Substances that deplete the ozone layer as mentioned in these Regulations refer to chemicals that have destructive effects on the ozone layer and are listed in the List of Controlled Substances that Deplete the Ozone Layer in China.
The List of Substances Controlled by Ozone Depletion in China is formulated, adjusted and published by the competent department of environmental protection of the State Council in conjunction with relevant departments of the State Council.
Article 3 These Regulations shall apply to the production, sale, use, import and export of ozone-depleting substances in People's Republic of China (PRC).
The production mentioned in the preceding paragraph refers to the activities of manufacturing ozone-depleting substances. The use mentioned in the preceding paragraph refers to the production and operation of ozone-depleting substances, excluding the use of products containing ozone-depleting substances.
Article 4 The competent department of environmental protection in the State Council is responsible for the supervision and management of ozone-depleting substances throughout the country.
The the State Council Municipal Department of Commerce, the General Administration of Customs and other relevant departments shall be responsible for the supervision and management of ozone-depleting substances in accordance with the provisions of these Regulations and their respective responsibilities.
The competent departments of environmental protection and commerce of local people's governments at or above the county level shall be responsible for the supervision and management of ozone-depleting substances within their respective administrative areas in accordance with the provisions of these regulations and their respective responsibilities.
Article 5 The State shall gradually reduce and eventually eliminate ozone-depleting substances used as refrigerants, foaming agents, fire extinguishing agents, solvents, cleaning agents, processing AIDS, pesticides, aerosols and expansion agents.
The competent department of environmental protection of the State Council shall, jointly with the relevant departments of the State Council, formulate the national plan for eliminating ozone-depleting substances in China (hereinafter referred to as the national plan), which shall be implemented after being approved by the State Council.
Article 6 The competent department of environmental protection in the State Council shall, according to the national plan and the progress of eliminating ozone-depleting substances, determine and publish the categories of construction projects that restrict or prohibit the construction, renovation and expansion of production and use of ozone-depleting substances, and formulate and publish a list of ozone-depleting substances that restrict or prohibit the production, use, import and export.
If it is really necessary to produce and use ozone-depleting substances prohibited by the preceding paragraph for special purposes, it shall be approved by the competent department of environmental protection of the State Council in conjunction with relevant departments of the State Council in accordance with the relevant provisions of the Montreal Protocol on Substances that Deplete the Ozone Layer.
Article 7 The State exercises total control and quota management over the production, use, import and export of ozone-depleting substances. According to the national plan and the progress of eliminating ozone-depleting substances, the competent department of environmental protection in the State Council, in consultation with the relevant departments in the State Council, determines the annual production and consumption of ozone-depleting substances and the import and export quotas, and makes an announcement.
Article 8 The State encourages and supports scientific research, technological development, popularization and application of substitutes and alternative technologies for ozone-depleting substances.
The competent department of environmental protection of the State Council shall, jointly with the relevant departments of the State Council, formulate, adjust and publish the recommended list of substitutes for ozone-depleting substances in China.
The development, production and use of substitutes for ozone-depleting substances shall conform to the national industrial policy and enjoy preferential policies in accordance with the relevant provisions of the state. The state rewards units and individuals that have made remarkable achievements in eliminating ozone-depleting substances.
Article 9 Any unit or individual has the right to report any violation of these Regulations to the competent department of environmental protection of the people's government at or above the county level or other relevant departments. The department that receives the report shall promptly investigate and deal with it, and keep the informer confidential; If the investigation is true, the whistleblower will be rewarded.
Chapter II Production, Sale and Use
Article 10 Units that produce and use ozone-depleting substances shall apply for production and use quota licenses in accordance with the provisions of these Regulations. However, in the following cases, users do not need to apply for a quota license:
(a) the maintenance unit uses ozone-depleting substances to maintain refrigeration equipment, refrigeration system or fire extinguishing system;
(two) the laboratory uses a small amount of ozone-depleting substances for experimental analysis;
(3) Entry-exit inspection and quarantine institutions use ozone-depleting substances for quarantine to prevent pests from entering and leaving the country;
(four) other circumstances stipulated by the competent department of environmental protection of the State Council not to apply for a quota license.
Article 11 Producers and users of ozone-depleting substances shall meet the following conditions in addition to those prescribed by laws and administrative regulations:
(1) Having made achievements in the legal production or use of corresponding ozone-depleting substances;
(2) Having sites, facilities, equipment and professional technicians for producing or using corresponding ozone-depleting substances;
(3) Having environmental protection facilities that have passed the acceptance by the competent department of environmental protection;
(4) Having a sound production and operation management system.
The provisions of item (1) of the preceding paragraph shall not apply to units that use ozone-depleting substances for special purposes as stipulated in Article 6 of these regulations.
Article 12 Units that produce and use ozone-depleting substances shall, before June 65438+1October 3 1 every year, apply in writing to the competent department of environmental protection of the State Council for the production quota or use quota for the next year, and submit supporting materials that meet the conditions stipulated in Article 11 of these regulations.
The competent department of environmental protection of the State Council shall, according to the total annual production and use quota of national ozone-depleting substances and the applicant's performance in producing and using corresponding ozone-depleting substances, verify the applicant's production quota or use quota for the next year, and complete the audit before February 20th each year. Meet the conditions, issue a production or use quota license for the next year, make an announcement, and send a copy to the relevant departments of the State Council and the competent department of environmental protection of the people's government of the province, autonomous region or municipality directly under the Central Government where the applicant is located; Do not meet the conditions, notify the applicant in writing and explain the reasons.
Article 13 The quota license for the production or use of ozone-depleting substances shall include the following contents:
(a) the name, address, legal representative or person in charge of the production or use unit;
(2) Varieties, uses and quantities of ozone-depleting substances that are allowed to be produced or used;
(3) term of validity;
(4) Issuing authority, date of issuance and certificate number.
Article 14 Where producers or users of ozone-depleting substances need to adjust quotas, they shall apply to the competent department of environmental protection of the State Council for quota change.
The competent department of environmental protection of the State Council shall conduct the examination according to the conditions and basis stipulated in Articles 11 and 12 of these regulations, and complete the examination within 20 working days from the date of accepting the application. In line with the conditions, adjust and announce the number of applicants; Do not meet the conditions, notify the applicant in writing and explain the reasons.
Article 15 A production unit of ozone-depleting substances shall not produce ozone-depleting substances beyond the variety, quantity and time limit specified in the production quota license, nor shall it produce and sell ozone-depleting substances beyond the purposes specified in the production quota license.
It is forbidden to produce ozone-depleting substances without production quota license.
Article 16 Units that have obtained quota licenses in accordance with the provisions of these Regulations shall not use ozone-depleting substances beyond the varieties, uses, quantities and time limits specified in the quota licenses.
It is forbidden to use ozone-depleting substances without quota licenses, except for the cases where quota licenses are not required as stipulated in Article 10 of these regulations.
Seventeenth sales units of ozone-depleting substances shall go through the filing formalities in accordance with the provisions of the competent department of environmental protection of the State Council.
The competent department of environmental protection in the State Council shall announce the list of sales units of ozone-depleting substances for the record.
Article 18 Except for import and export in accordance with the provisions of these Regulations, the purchase and sale of ozone-depleting substances can only be carried out between units that produce, sell and use ozone-depleting substances in accordance with the provisions of these Regulations.
Nineteenth units engaged in the maintenance and scrapping of refrigeration equipment, refrigeration systems or fire extinguishing systems containing ozone-depleting substances shall file with the competent environmental protection department of the local people's government at the county level.
Units specializing in the recovery, recycling or destruction of ozone-depleting substances shall file with the competent environmental protection department of the local people's government of the province, autonomous region or municipality directly under the Central Government.
Article 20 Units that produce and use ozone-depleting substances shall take necessary measures to prevent or reduce the leakage and discharge of ozone-depleting substances in accordance with the provisions of the competent department of environmental protection of the State Council.
Units engaged in the maintenance and scrapping of refrigeration equipment, refrigeration systems or fire extinguishing systems containing ozone-depleting substances shall recover and recycle ozone-depleting substances in accordance with the provisions of the competent department of environmental protection of the State Council, or hand them over to units engaged in the recovery, recycling and destruction of ozone-depleting substances for harmless disposal.
Units engaged in the recovery, recycling and destruction of ozone-depleting substances shall conduct harmless disposal of ozone-depleting substances in accordance with the provisions of the competent department of environmental protection of the State Council, and shall not directly discharge them.
Article 21 Units engaged in the production, sale, use, recovery, recycling, destruction and other business activities of ozone-depleting substances, and units engaged in the maintenance and scrapping of refrigeration equipment, refrigeration systems or fire extinguishing systems containing ozone-depleting substances shall keep the original data of production and business activities intact for at least three years, and submit relevant data in accordance with the provisions of the competent department of environmental protection of the State Council.
Chapter III Import and Export
Article 22 The State shall control the import and export of substances that deplete the ozone layer and implement catalogue management. The competent department of environmental protection of the State Council shall, jointly with the competent department of commerce of the State Council and the General Administration of Customs, formulate, adjust and publish the control list of import and export ozone-depleting substances in China.
Units that import and export ozone-depleting substances listed in the list of controlled ozone-depleting substances imported and exported in China shall, in accordance with the provisions of these Regulations, apply for import and export quotas to the national ozone-depleting substance import and export administration agencies, receive import and export approval forms, and submit materials such as varieties, quantities, sources and uses of ozone-depleting substances to be imported and exported.
Article 23 The national administrative department for import and export of ozone-depleting substances shall complete the examination within 20 working days from the date of accepting the application and make a decision on whether to approve it or not. If approved, an import and export approval form shall be issued to the applicant; If it is not approved, it shall notify the applicant in writing and explain the reasons.
The validity period of the Import and Export Approval Form is 90 days at the longest, and it may not be used beyond the time limit or beyond the year.
Twenty-fourth units that have obtained the Approval Form for the Import and Export of Substances that Deplete the Ozone Layer shall apply for import and export licenses in accordance with the provisions of the the State Council Municipal Department of Commerce, and go through customs clearance procedures with the import and export licenses. Ozone-depleting substances listed in the Catalogue of Entry-Exit Commodities Subject to Inspection and Quarantine by Entry-Exit Inspection and Quarantine Institutions shall be inspected by entry-exit inspection and quarantine institutions according to law.
Where ozone-depleting substances enter and exit between People's Republic of China (PRC) Customs special supervision area and bonded supervision area and overseas, import and export units shall apply for import and export approval forms and import and export licenses in accordance with the provisions of these Regulations; There is no need to apply for import and export approval and import and export license for ozone-depleting substances entering and leaving between the special customs supervision areas and bonded supervision places in People's Republic of China (PRC) and other areas in China, or between the above-mentioned special customs supervision areas and bonded supervision places.
Chapter IV Supervision and Inspection
Article 25 The competent department of environmental protection of the people's government at or above the county level and other relevant departments shall, in accordance with the provisions of these Regulations and their respective responsibilities, supervise and inspect the production, sale, use, import and export of ozone-depleting substances.
Twenty-sixth environmental protection departments of the people's governments at or above the county level and other relevant departments have the right to take the following measures when conducting supervision and inspection:
(a) require the inspected entity to provide relevant information;
(two) require the inspected units to explain the implementation of the provisions of this Ordinance;
(three) to enter the production, operation and storage places of the inspected units for investigation and evidence collection;
(four) to order the inspected units to stop the acts in violation of the provisions of these regulations and fulfill their legal obligations;
(five) seizure, seizure of illegal production, sale, use, import and export of ozone-depleting substances and their production equipment, facilities, raw materials and products.
The units under inspection shall cooperate, truthfully reflect the situation and provide necessary information, and shall not refuse or obstruct.
Twenty-seventh people's governments at or above the county level environmental protection departments and other relevant departments to carry out supervision and inspection, supervision and inspection personnel shall not be less than two, and shall produce valid administrative law enforcement certificates.
The staff of the competent department of environmental protection of the people's government at or above the county level and other relevant departments shall have the obligation to keep confidential the business secrets they know during the supervision and inspection.
Article 28 The competent department of environmental protection in the State Council shall establish and improve the data information management system of ozone-depleting substances, and collect, summarize and publish the data information on the production, use, import and export of ozone-depleting substances.
The competent department of environmental protection of the local people's government at or above the county level shall report to the competent department of environmental protection of the State Council the acts found in the supervision and inspection in violation of the provisions of these regulations and the handling situation.
Other relevant departments of the local people's governments at or above the county level shall report the acts and handling of violations of the provisions of these Regulations found in the supervision and inspection to the relevant departments in the State Council, and the relevant departments in the State Council shall promptly send a copy to the competent department of environmental protection in the State Council.
Twenty-ninth environmental protection departments of local people's governments at or above the county level or other relevant departments do not investigate and deal with acts in violation of the provisions of these regulations, and the higher authorities have the right to order them to investigate and deal with them according to law or directly.
Chapter V Legal Liability
Thirtieth departments responsible for the supervision and management of ozone-depleting substances and their staff have one of the following acts, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law:
(a) in violation of the provisions of this Ordinance, issuing quotas for the production and use of ozone-depleting substances;
(two) in violation of the provisions of this Ordinance, the issuance of import and export approval forms or import and export licenses for ozone-depleting substances;
(three) found in violation of these regulations, not to investigate and deal with according to law;
(four) in the process of handling the production, use, import and export administrative licensing of ozone-depleting substances and the implementation of supervision and inspection, soliciting or accepting other people's property or seeking other benefits;
(five) there are other acts of abuse of power, favoritism, dereliction of duty.
Article 31 Whoever produces ozone-depleting substances without a production quota license shall be ordered by the competent environmental protection department of the local people's government at or above the county level to stop the illegal act, confiscate the raw materials used for illegal production of ozone-depleting substances, illegally produced ozone-depleting substances and illegal income, dismantle and destroy the equipment and facilities used for illegal production of ozone-depleting substances, and impose a fine of 6,543,800 yuan.
Article 32 Where a unit that should apply for a quota license in accordance with the provisions of these Regulations uses ozone-depleting substances without obtaining a quota license, the competent environmental protection department of the local people's government at or above the county level shall order it to stop its illegal behavior, confiscate the illegally used ozone-depleting substances, products produced by illegally using ozone-depleting substances and illegal income, and impose a fine of 200,000 yuan; If the circumstances are serious, a fine of 500,000 yuan shall be imposed, and equipment and facilities that illegally use ozone-depleting substances shall be dismantled and destroyed.
Article 33 Where a producer or user of ozone-depleting substances commits one of the following acts, the competent environmental protection department of the local people's government of the province, autonomous region or municipality directly under the Central Government shall order him to stop the illegal act and confiscate the ozone-depleting substances produced and used illegally, the products produced by using ozone-depleting substances illegally and the illegal income. Impose a fine of not less than 20,000 yuan but not more than 654.38+10,000 yuan, and report it to the competent department of environmental protection of the State Council to reduce its production and use quotas; If the circumstances are serious, a fine of 654.38+10,000 yuan and 200,000 yuan shall be imposed, and the production and use quota license shall be revoked by the competent department of environmental protection of the State Council:
(1) Producing ozone-depleting substances in excess of the variety, quantity and time limit specified in the production quota license;
(2) Producing or selling ozone-depleting substances for purposes beyond those specified in the production quota license;
(3) using ozone-depleting substances beyond the variety, quantity, use and time limit specified in the quota license.
Article 34 Where producers, sellers or users of ozone-depleting substances sell or purchase ozone-depleting substances to units that do not meet the provisions of these Regulations, the competent environmental protection department of the local people's government at or above the county level shall order them to make corrections, confiscate the ozone-depleting substances illegally sold or purchased and their illegal income, and impose a fine of three times the total market price of the ozone-depleting substances sold or purchased; Units that have obtained production and use quota licenses shall report to the competent department of environmental protection of the State Council to reduce their production and use quotas.
Article 35 Where producers and users of ozone-depleting substances fail to take necessary measures to prevent or reduce the leakage and discharge of ozone-depleting substances, the competent environmental protection department of the local people's government at or above the county level shall order them to make corrections within a time limit and impose a fine of 50,000 yuan; If it fails to make corrections within the time limit, it will be fined 654.38+10,000 yuan, and reported to the competent department of environmental protection of the State Council to reduce its production and use quotas.
Article 36 If a unit engaged in the maintenance and scrapping of refrigeration equipment, refrigeration systems or fire extinguishing systems containing ozone-depleting substances fails to recycle or recycle ozone-depleting substances, or fails to hand them over to the unit engaged in the recycling, recycling and destruction of ozone-depleting substances for harmless disposal, the competent environmental protection department of the local people's government at or above the county level shall order it to make corrections and impose a fine of three times the cost of harmless disposal.
Article 37 Where a unit engaged in business activities such as recovery, recycling and destruction of ozone-depleting substances directly discharges ozone-depleting substances into the atmosphere without conducting harmless disposal in accordance with regulations, the competent environmental protection department of the local people's government at or above the county level shall order it to make corrections and impose a fine of three times the cost of harmless disposal.
Article 38 Units engaged in the production, sale, use, import and export, recovery, recycling and destruction of ozone-depleting substances, as well as units engaged in the maintenance and scrapping of refrigeration equipment, refrigeration systems or fire extinguishing systems containing ozone-depleting substances, shall be ordered by the competent environmental protection department of the local people's government at or above the county level to make corrections and be fined not less than 5,000 yuan but not more than 20,000 yuan:
(a) in accordance with the provisions of this Ordinance, it should be filed with the competent department of environmental protection but not filed;
(two) the original materials related to production and business activities are not completely preserved in accordance with the provisions;
(3) Failing to report on time or making false reports or concealing data related to business activities;
(4) Failing to provide necessary information as required by the supervisors and inspectors.
Article 39 Whoever refuses or obstructs the supervision and inspection by the competent department of environmental protection or other relevant departments, or practices fraud when accepting supervision and inspection, shall be ordered by the supervision and inspection department to make corrections and be fined between 654.38 million yuan and 20,000 yuan; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 40 Where an import and export entity imports or exports ozone-depleting substances without an import and export license or in excess of the provisions of the import and export license, the customs shall punish it in accordance with the provisions of relevant laws and administrative regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 41 These Regulations shall come into force on June 0, 2065438.
References:
Wang Wansheng, Deputy Director of the Legal Department of Agriculture, Forestry, Urban Construction, Resources and Environmental Protection of the State Council Legislative Affairs Office, wrote the article "Significance and Important Contents of the Regulations on the Management of Substances that Deplete the Ozone Layer".