To implement the Montreal Protocol (London Amendment) and strengthen the management of import/export of ODS, as per Updated China's Country Programme For the ODS Phaseout approved by the State Council, herein enact management provision.

Article 2

This provision applies to all business activities related to import and /or export of ODS between Parties to the Montreal Protocol within the territory of the People's Republic of China.

ODS referred to this provision includes ozone depleting substances themselves, as well as the facilities and products which could be used to produce and use ODS.

Article 3

State Environmental Protection Administration (SEPA), Ministry of Foreign Trade and Economic Cooperation (MOFTEC) and General Customs Administration, which exercise the unifying supervision and management of ODS import/export of, are responsible for the following responsibilities:

1. Identify and promulgate the "Category list of ODS Controlled for Import /Export" and exercise the management of import/export quota licenses on ODS listed in this Category.
2. Identify and issue the "List of ODS Forbidden for Import / Export"

Article 4

Any enterprise that intends to import or export ODS listed in the Category list of ODS Controlled for Import /Export, as per the relevant national provisions, should submit written an application form for ODS import /export quota to SEPA and MOFTEC three months before conducting business, and provide with related information and certificates on import/export, sale and use of specific ODS during this year of 1995--1997 and the year preceding year of application.

Article 5

MOFTEC and SEPA are responsible for determining the annual total amount of ODS to be exported and /or imported, listed in the Category list of ODS Controlled for Import /Export and the quota to be allocated the applicant enterprises. They accept application from enterprises on import/ export quota of ODS listed in this Category; issue "Approval Form on Import/Export of Controlled ODS".

Article 6

Any enterprise which holds the "Approval on Import/Export of Controlled ODS " issued by SEPA/MOFTEC should acquire an "Import/Export License " from the an authority to which MOFTEC has delegated its responsibilities.

Article 7

Any enterprise which exports recycled ODS should hold a certificate of recycling and directly apply to the authority designated by MOFTEC for import/export licenses.

The container, which is used to contain recycled ODS for export, should include a label "RECYCLED ODS" made and issued by SEPA, on which the name and content of recycled substance should be indicated accurately.

Article 8

Customs clearance of controlled ODS listed the Category should be done strictly according to the Import /Export License issued by MOFTC.

Article 9

Any enterprise which is engaged in business activities related to ODS import/export should abide by the provision identified in the Montreal Protocol and is forbidden to transfer and sell or purchase the quota and license for import/export of ODS.

Article 10

Governmental departments mentioned above separately exercise to handle the violations to this management provision, as per the related provisions of laws and regulations.

Article 11

SEPA, MOFTEC and General Customs Administration have the power to supervise and inspect import/export business activities.

Article 12

State Environmental Protection Administration, Ministry of Foreign Trade and Economic Cooperation and General Customs Administration may establish a specific operation office that will be responsible for the implementation of this management provision and promulgate more detailed provision on how to implement this management provision. This operation office will be located in SEPA office.

Article 13

SEPA, MOFTEC and General Customs Administration have authorities to explain the applications of this provision based on authorities.

Article 14

This provision comes into effect on the date of issuance.