Administrative Measures On Import And Export Of Ozone-Depleting Substances

Original Language Title: 消耗臭氧层物质进出口管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398623.shtml

Administrative measures on import and export of ozone-depleting substances

    (January 27, 2014 Department of environmental protection, the Ministry of Commerce, General Administration of Customs released 26th, come into force on March 1, 2014), first for the implementation of the Montreal Protocol on substances that Deplete the ozone layer and its amendments to strengthen the management of China's import and export of ozone-depleting substances under the ozone-depleting substances regulations, these measures are formulated.

Second article this approach applies Yu to any form import and export included China import and export by control consumption ozone material directory of consumption ozone material of activities; through donation, and samples, and advertising items, and back shipped, way will included China import and export by control consumption ozone material directory of consumption ozone material shipped into, and shipped out People's Republic of China shut border, other legal regulations another has provides of, from its provides.

    The China import and export of controlled ozone-depleting substances by the Environmental Protection Department in conjunction with the competent commercial departments, the General Administration of customs formulated, adjusted and promulgated.

    Third countries listed in the directory of China's import and export of controlled substances that Deplete the ozone layer depleting substances subject to import and export quota license management.

    Article fourth environmental protection Department under the State Council and the State Council departments of commercial administration and the General Administration of customs jointly established the national ozone-depleting substance import and export authority, unified supervision and management of the import and export of ozone-depleting substances.

    Fifth Environmental Protection Department of the State Council according to the ozone-depleting substances phase-out progress determined by the commercial Administrative Department of the State Council national total annual import and export of ozone-depleting substances quota, and published in the December 20 each year, total amount of import and export quotas for next year.

    Article sixth of units engaged in the import and export of ozone-depleting substances (hereinafter "importers") shall have legal personality, and foreign trade operator registration formalities according to law.

Seventh article import and export units shall, before October 31 of each year to the national ozone-depleting substance import and export authority to apply for import and export quotas for next year, and submit the following materials:

(A) license and a foreign trade operator registration form;

(B) ozone-depleting substance import and export table annual environmental protection;

(C) application for ozone-depleting substance import and export quotas for next year and the schedule of annual imports and exports.

Import and export quota of export and import unit for the first time, should also be submitted three years before ozone-depleting substance import and export performance.

Applications for import and export of dangerous chemical substances that Deplete the ozone layer, should also be submitted to the domestic production and use of hazardous chemicals enterprises hold a registration certificate for environmental management of hazardous chemicals and dangerous chemicals issued by the work safety supervision and management departments producing, using or operating permit.

    Had not submitted such material or material submitted is not complete, the State import and export of ozone-depleting substances management inadmissible applications.

Eighth national bodies approved for import and export of ozone-depleting substance import and export management unit's annual import quota application, the following factors should be considered:

(A) to comply with laws and regulations;

(B) three years before ozone-depleting substance import and export performance;

(C) the annual ozone-depleting substance import and export plans and quotas on completion;

(D) the management and implementation of environmental protection measures;

    (E) other factors that affect the import and export of ozone-depleting substances.

    Nineth national ozone-depleting substance import and export Management Office shall by December 20 each year, import and export quotas to importers made the decision to issue or not, and make an announcement.

Tenth annual import quota, importers need to import and export of ozone-depleting substances, shall apply to the national import and export of ozone-depleting substances management receive controlled ozone-depleting substances import and export approval, and submit the following materials:

(A) the applications for import and export of ozone-depleting substances;

(B) foreign trade contract or order, and other related materials, non-production enterprises shall also submit legitimate manufacturers proof of product;

(C) the national ozone-depleting substance import and export authority needs to provide additional material.

Export units shall hold recycling recycling of ozone-depleting substances issued by the provincial environmental protection authorities proof of recovery, shall apply to recipients of controlled ozone-depleting substances import and export approval form, before they can go through other procedures.

    Exports of ozone-depleting substances for special purposes, importers shall submit the importing Government issued import licenses or other official approval documents and other materials.

    11th the State import and export of ozone-depleting substance import and export management authority shall accept applications within 20 working days from the date of completion of the review, whether issuing the ozone-depleting substance import and export approval decision and allowed to issue the import and export of ozone-depleting substance import and export approval list publicity; not approved by, and shall notify the applicant in writing and state the reasons. 12th article ozone-depleting substance import and export approval to implement a single system.

    Approval shall be valid for 90 days, and shall not be extended or straddling. 13th article import and export units shall take the import and export approval, belongs to the provincial Commerce authorities issuing bodies apply for the ozone-depleting substance import and export licensing.

Enterprises under the Central Government in Beijing to the commercial Administrative Department of the State Council authorized issuing bodies apply for licensing imports and exports of ozone-depleting substances. Ozone-depleting substance import and export licensing implementation a number of a certificate system.

Each import and export permits can only be used for clearance once, when effective, must not span more than use.

    Import and export licence application and management in accordance with the relevant provisions of the commercial Administrative Department of the State Council.

    Article 14th units issued by the departments in charge of Commerce of import and export of ozone-depleting substances to handle customs clearance procedures for import and export permits.

15th article import and export unit after receiving ozone-depleting substance import and export licensing, approval of the quantity is less than the number of actual export and import, should be completed within 20 working days from the date on which the customs formalities country number of institutions reported actual imports and exports of ozone-depleting substance import and export management, and so on.

    Import and export unit after receiving ozone-depleting substance import and export licensing, which actually are not imported or exported, on import and export licenses should be within 20 working days from the date of expiry of the State import and export of ozone-depleting substances management reports. 16th article consumption ozone material in People's Republic of China territory of customs special regulatory regional, and bonded regulatory places and outside Zhijian access of, import and export units should in accordance with this approach of provides application received import and export approval single, and import and export license; consumption ozone material in People's Republic of China territory of customs special regulatory regional, and bonded regulatory places and territory other regional Zhijian access of, or in above customs special regulatory regional, and bonded regulatory places Zhijian access of, not need application received import and export approval single, and

    Import and export licenses. 17th article import and export units shall in accordance with the import and export approval of import and export license contained in the content or engaged in the import and export of ozone-depleting substances.

    Import and export approval or does not match the contents of import and export licences set out situations, importers should re-apply and receive import and export approval documents or import and export licenses.

18th national ozone-depleting substance import and export authority to establish information management systems for import and export of ozone-depleting substances data, collects, summarizes the import and export of ozone-depleting substances data information.

    State Council Environmental Protection Department, Department of Commerce, General Administration of customs and the provincial environmental protection departments should establish an information-sharing mechanism to inform the ozone-depleting substances import and export and import/export organization information and illegal information. 19th environmental protection departments above the county level, business departments, customs and other relevant authorities shall have the right to import and export of ozone-depleting substance import and export activities of supervision and inspection. Units inspected must truthfully report the situation, provide the necessary information, shall not be refused and obstructed.

    Inspection authority to control clients ' commercial secrets confidential. 20th article import and export units when not in full use of import and export quotas should by October 31 that year and returned to the State of the ozone layer depleting substances import and export management.

National import and export of ozone-depleting substances management agencies can be adjusted according to the actual situation of the annual quota allocation.

    Import and export unit fails to return the export quota and not in full use by the end of the year, national ozone-depleting substance import and export authority can be reduced or canceled its import and export quotas for next year. 21st article import and export for fraud, bribery or other improper means to achieve annual ozone-depleting substance import and export quotas, import and export of ozone-depleting substance import and export approval or permits, in accordance with the People's Republic of China administrative licensing provisions of the Act, ozone-depleting substance import and export by the State authorities to revoke its ozone-depleting substance import and export approval, or by the Department of Commerce to revoke its ozone-depleting substance import and export licensing,

And import and export of ozone-depleting substances by the State management bodies, where appropriate, reduction or cancellation of import and export units this year, or next year's export quota constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    Import and export units on this approach seventh article, and tenth article requirements applicants submitted of data, and material has lied about, and concealed case of, national consumption ozone material import and export management institutions except give Qian paragraph provides punishment outside, also should will illegal facts informed to import and export units location County above place environmental protection competent sector, and by import and export units location County above place environmental protection competent sector in accordance with consumption ozone material management Ordinance 38th article of provides be punishment.
22nd article import and export units reselling, and rental, and lending import and export approval single or import and export license of, by national consumption ozone material import and export management institutions revoked its consumption ozone material import and export approval single, or by business competent sector revoked its consumption ozone material import and export license, and by national consumption ozone material import and export management institutions canceled its when quota, ban its three years again application consumption ozone material import and export quota; constitute crime of, law transferred judicial organ held criminal.

    23rd article import and export unit using false import and export approval or the export and import permits, import and export of ozone-depleting substances administered by the State institutions to cancel its export quota that year to prevent them from once again apply for import and export of ozone-depleting substances quota constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law. 24th article import and export unit has no import and export licenses or beyond the provisions of the import and export of ozone-depleting substances import and export licenses, or violation of the relevant provisions of the customs import and export of ozone-depleting substances, or the smuggling of ozone-depleting substances, the customs penalty constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    National agencies under the import and export of ozone-depleting substance import and export management unit offence seriousness, ban again to apply for import and export of ozone-depleting substances quota.

25th departments responsible for the supervision and administration of the import and export of ozone-depleting substances and their staff of any of the following acts, the directly responsible person in charge and other direct liable persons shall be given disciplinary action constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated in accordance with law:

(A) in violation of these regulations the granting of import and export of ozone-depleting substances quota;

(B) violation of the issuance of import and export of ozone-depleting substances approved as provided herein or of import and export licences;

(C) found in violation of these regulations does not investigate and punish the acts;

(D) at the time of import and export of ozone-depleting substances, as well as in the process of conducting supervision and inspection, ask for and accept other people's property, or seeking other interests;

    (E) other acts of favoritism, abuse their powers, neglect their duties.

    26th article of the regulation of ozone-depleting substances import quota application for import and export plans, annual tables, applications for import and export of ozone-depleting substances, controlled ozone-depleting substances import and export approval, import and export of ozone-depleting substances unit annual environmental record form, proof of recycling, such as file format import and export of ozone-depleting substances administered by the State institutions formulated and published.

    27th article of the measures shall be formulated by the competent Department of environmental protection the competent Business Department, General Administration of Customs interpretation. 28th article of the rules take effect on March 1, 2014. Originally released by the State environmental protection administration of the import and export of ozone-depleting substances regulations (UNCED (1999), No. 278) and the origin of the State environmental protection administration, foreign trade and economic cooperation Department, released by the General Administration of customs on strengthening the management of import and export of ozone-depleting substances regulations (UNCED (2000), 85th) repealed simultaneously.