Decision of the State Council on amending the Regulations on the Administration of Ozone Depleting Substances

Decree of the State Council of the People's Republic of

第770号

The "Decision of the State Council on Amending the Regulations on the Administration of Ozone-Depleting Substances" was adopted at the 21st executive meeting of the State Council on December 18, 2023, and is hereby promulgated to take effect on March 1, 2024.

Prime Minister Li Qiang

December 29, 2023

Decision of the State Council on amending the Regulations on the Administration of Ozone Depleting Substances

The State Council has decided to amend the Regulations on the Administration of Ozone Depleting Substances as follows:

1. Article 2 is amended to read: "The term "ozone-depleting substances" in these Regulations refers to the 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 published by the competent department of ecology and environment under the State Council in conjunction with the relevant departments of the State Council. ”

Article 4 is amended to read: "The management of ozone-depleting substances shall adhere to the leadership of the Communist Party of China and implement the line, principles, policies and decision-making arrangements of the Party and the state.

"The competent department of ecology and environment under the State Council is responsible for the supervision and management of ozone-depleting substances nationwide.

"The competent department of commerce under the State Council, 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 duties.

"The competent departments of ecology and environment and commerce and other relevant departments of local people's governments shall be responsible for the supervision and management of ozone-depleting substances in their respective administrative regions in accordance with the provisions of these Regulations and their respective duties." ”

A new paragraph shall be added to Article 5 as the second paragraph: "The use of ozone-depleting substances that have been phased out by States for the purposes specified in the preceding paragraph shall be prohibited." ”

The second paragraph of the original paragraph shall be changed to the third paragraph and be amended as: "The competent department of ecology and environment under the State Council, in conjunction with the relevant departments of the State Council, shall formulate the National Plan for the Implementation of China's Implementation of the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as the National Plan), which shall be implemented after approval by the State Council." ”

4. Article 17 and Article 19 are merged as Article 17 and amended as: "The following units shall go through the filing formalities in accordance with the provisions of the competent department of ecology and environment under the State Council:

"(i) Units selling ozone-depleting substances;

"(2) Units engaged in business activities such as the maintenance and scrapping of refrigeration equipment, refrigeration systems or fire extinguishing systems containing ozone-depleting substances;

"(3) Units engaged in business activities such as the recovery, recycling, or destruction of ozone-depleting substances;

"(4) Units using ozone-depleting substances that are not required to apply for a quota permit as prescribed by the competent department of ecology and environment under the State Council.

"The units provided for in items (1), (2) and (4) of the preceding paragraph shall file with the competent department of ecology and environment of the people's government at the level of the city divided into districts where they are located, and the units provided for in item (3) shall file with the competent department of ecology and environment of the people's government of the province, autonomous region or municipality directly under the Central Government where they are located. ”

Article 20 is changed to Article 19, and in paragraphs 1 and 2, "the competent department of environmental protection under the State Council" is amended to read "the competent department of ecology and environment under the State Council", and the third paragraph is amended to read: "Units engaged in business activities such as the recovery, recycling, and destruction of ozone-depleting substances, as well as units incidentally producing ozone-depleting substances in the production process, shall, in accordance with the provisions of the competent department of ecology and environment under the State Council, carry out harmless disposal of ozone-depleting substances and shall not directly discharge them." ”

6. Article 21 is changed to Article 20, and the phrase "competent department for environmental protection under the State Council" is amended to read "competent department for ecology and environment under the State Council".

A new paragraph is added as the second paragraph: "Units that produce and use a large amount of ozone-depleting substances, as well as units that incidentally produce a large amount of ozone-depleting substances in the production process, shall install automatic monitoring equipment, network with the monitoring equipment of the competent department of ecology and environment, and ensure the normal operation of the monitoring equipment to ensure the authenticity and accuracy of the monitoring data." The specific measures shall be formulated by the competent department of ecology and environment under the State Council. ”

Article 31 shall be changed to Article 30 and be amended as: "Where ozone-depleting substances are produced without a production quota license, the local competent department of ecology and environment shall order them to stop the illegal acts, confiscate the raw materials used in the illegal production of ozone-depleting substances, the illegally produced ozone-depleting substances and the illegal gains, dismantle and destroy the equipment and facilities used in the illegal production of ozone-depleting substances, and impose a fine of not less than 1 million yuan but not more than 5 million yuan. ”

Article 32 is changed to Article 31 and amended as: "Where a unit that shall apply for a quota permit in accordance with the provisions of these Regulations uses ozone-depleting substances without a quota permit, or uses obsolete ozone-depleting substances for refrigerants, foaming agents, fire extinguishing agents, solvents, cleaning agents, processing aids, pesticides, aerosols, expansion agents, etc., in violation of the provisions of these Regulations, the competent department of ecology and environment shall order them to stop the illegal acts and confiscate the ozone-depleting substances used illegally. A fine of not less than 200,000 yuan but not more than 500,000 yuan shall be imposed on products produced by illegal use of ozone-depleting substances and illegal gains, and if the circumstances are serious, a fine of not less than 500,000 yuan but not more than 1,000,000 yuan shall be imposed on them, and equipment and facilities used for illegal use of ozone-depleting substances shall be dismantled and destroyed. ”

Article 33 is changed to Article 32 and amended as: "Where a unit producing or using ozone-depleting substances commits any of the following acts, the competent department of ecology and environment of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located shall order it to stop the illegal acts, confiscate the illegally produced or used ozone-depleting substances, the products produced by the illegal use of ozone-depleting substances and the illegal gains, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan, and report to the competent department of ecology and environment under the State Council to reduce its production. If the circumstances are serious, a fine of between 500,000 and 1,000,000 RMB shall be imposed, and the quota license shall be revoked by the competent department of ecology and environment under the State Council.

"(1) The production of ozone-depleting substances in excess of the variety, quantity and time limit specified in the production quota license;

"(2) The production or sale of ozone-depleting substances for purposes exceeding those specified in the production quota license;

"(3) The use of ozone-depleting substances in excess of the variety, quantity, use and time limit specified in the quota permit. ”

Article 35 shall be changed to Article 34 and be amended as: "Where a unit producing or using ozone-depleting substances fails to take necessary measures to prevent or reduce the leakage and discharge of ozone-depleting substances in accordance with regulations, the local competent department of ecology and environment shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; ”

Article 36 shall be changed to Article 35 and be amended as: "Units engaged in the maintenance and scrapping of refrigeration equipment, refrigeration systems or fire extinguishing systems containing ozone-depleting substances have not recovered or recycled ozone-depleting substances in accordance with the provisions or handed over to those engaged in the recovery and recycling of ozone-depleting substances. If the unit of destruction and other business activities carries out harmless disposal, the local department in charge of ecology and environment shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; ”

Article 37 is changed to Article 36 and amended as: "Units engaged in business activities such as the recovery, recycling, and destruction of ozone-depleting substances, as well as units incidentally producing ozone-depleting substances in the production process, and directly discharge ozone-depleting substances without harmless disposal of them in accordance with regulations, shall be ordered by the local competent department of ecology and environment to make corrections and imposed a fine of not less than 100,000 yuan but not more than 500,000 yuan; ”

13. One article shall be added as Article 38: "Units that produce or use a large amount of ozone-depleting substances, or incidentally produce a large amount of ozone-depleting substances in the production process, fail to install automatic monitoring equipment and network it with the monitoring equipment of the competent department of ecology and environment in accordance with regulations, or fail to ensure the normal operation of the monitoring equipment, resulting in untrue monitoring data. If it is inaccurate, the local department in charge of ecology and environment shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; ”

Article 40 is changed to Article 39 and a paragraph is added as the second paragraph: "Where an ozone-depleting substance import and export quota, import and export approval form or import or export license is obtained by fraud, bribery or other improper means, the national administration for the import and export of ozone-depleting substances and the competent department of commerce under the State Council shall revoke the import and export quotas, import and export approval forms and import and export licenses in accordance with their duties, and shall not apply again for three years, and shall be fined not less than 100,000 yuan but not more than 500,000 yuan by the local competent department of ecology and environment." ”

Article 39 is changed to Article 40 and amended as: "Anyone who refuses or obstructs the supervision and inspection of the competent department of ecology and environment or other relevant departments, or commits fraud in the course of accepting supervision and inspection, shall be ordered to make corrections and imposed a fine of not less than 20,000 yuan but not more than 200,000 yuan; ”

16. Add one article to be Article 41: "Where administrative punishments are received for violating the provisions of these Regulations, it is to be recorded in credit records in accordance with relevant state provisions and announced to the public. ”

17. The following amendments are made to some of the provisions:

(1) In Articles 6, 7, 12, 14, and 22, "competent departments for environmental protection" in Articles 9, 25, 26, and 27, "competent departments for environmental protection of people's governments at or above the county level" are uniformly revised to "competent departments for ecology and the environment"; in Article 28, "competent departments for environmental protection under the State Council" is amended to "competent departments for ecology and environment under the State Council", and "competent departments for environmental protection of local people's governments at or above the county level" is amended to In Article 29, "competent department of environmental protection of local people's governments at or above the county level" is amended to "competent department of ecology and environment of local people's governments"; in Article 34, "competent departments of environmental protection of local people's governments at or above the county level where they are located" is amended to "competent departments of ecology and environment at the local level", and "competent departments of environmental protection under the State Council" is amended to "competent departments of ecology and environment under the State Council"; in Article 38, " The competent department of environmental protection of the local people's government at or above the county level where it is located is amended to "the competent department of ecology and environment where it is located", and the "competent department of environmental protection" in item (1) is amended to "the competent department of ecology and environment".

(2) In Article 8, "the competent department of environmental protection under the State Council" is amended to "the competent department of ecology and environment under the State Council", and "the State shall give rewards to units and individuals that have made outstanding achievements in the elimination of ozone-depleting substances" is amended to "units and individuals that have made outstanding achievements in the elimination of ozone-depleting substances shall be rewarded in accordance with the relevant provisions of the State"; in Article 10, "entry-exit inspection and quarantine institutions" is amended to "customs", and "competent departments of environmental protection under the State Council" is amended to In Article 24, "the Catalogue of Entry-Exit Commodities Subject to Inspection and Quarantine by Entry-Exit Inspection and Quarantine Institutions" is amended to "Catalogue of Import and Export Commodities Subject to Inspection", and "Entry-Exit Inspection and Quarantine Institutions" is amended to "Customs".

In addition, the order of the provisions has been adjusted accordingly.

This decision shall take effect on March 1, 2024.

The Regulations on the Administration of Ozone-Depleting Substances shall be revised accordingly and re-promulgated in accordance with this decision.

Regulations on the management of ozone-depleting substances

(Promulgated by Decree No. 573 of the State Council of the People's Republic of China on April 8, 2010, amended for the first time in accordance with the Decision of the State Council on Amending and Repealing Some Administrative Regulations on March 19, 2018, and amended for the second time in accordance with the Decision of the State Council on Amending the Regulations on the 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 Air Pollution, in order to strengthen the management of ozone-depleting substances, to fulfill the obligations under the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer, to protect the ozone layer and the ecological environment, and to safeguard human health.

Article 2 The term "ozone-depleting substances" as used in these Regulations refers to the 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 published by the competent department of ecology and environment under the State Council in conjunction with relevant departments of the State Council.

Article 3 These Regulations shall apply to activities such as the production, sale, use, import and export of ozone-depleting substances within the territory of the People's Republic of China.

For the purposes of the preceding paragraph, the term "production" refers to the activities of producing substances that deplete the ozone layer. The term "use" as used in the preceding paragraph refers to the production and operation activities carried out using ozone-depleting substances, and does not include the use of products containing ozone-depleting substances.

Article 4 The management of ozone-depleting substances shall adhere to the leadership of the Communist Party of China and implement the line, principles, policies and decision-making arrangements of the Party and the state.

The competent department of ecology and environment under the State Council shall be responsible for the supervision and management of ozone-depleting substances nationwide.

The competent department of commerce under the State Council, 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 duties.

The competent departments of ecology and environment of local people's governments and relevant departments such as commerce shall be responsible for the supervision and management of ozone-depleting substances in their respective administrative regions in accordance with the provisions of these Regulations and their respective duties.

Article 5 The State shall gradually reduce and eventually phase out ozone-depleting substances used as refrigerants, foaming agents, fire extinguishing agents, solvents, cleaning agents, processing aids, pesticides, aerosols, expansion agents, etc.

It is forbidden to use ozone-depleting substances that have been phased out by States for the purposes specified in the preceding paragraph.

The competent department of ecology and environment under the State Council, in conjunction with the relevant departments of the State Council, shall formulate the National Plan for China's Implementation of the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as the National Plan), which shall be implemented after approval by the State Council.

Article 6 The competent department of ecology and environment under the State Council shall, in accordance with the national plan and the progress of the phase-out of ozone-depleting substances, determine and publish the categories of construction projects that restrict or prohibit the construction, reconstruction, expansion of production and use of ozone-depleting substances, and formulate and publish a list of projects that restrict or prohibit the production, use, import and export of ozone-depleting substances.

Where the production or use of ozone-depleting substances prohibited by the provisions of the preceding paragraph is truly necessary for special purposes, the competent department of ecology and environment under the State Council shall, in conjunction with the relevant departments of the State Council, approve the production or use of ozone-depleting substances for special purposes in accordance with the provisions of the Montreal Protocol on Substances that Deplete the Ozone Layer.

Article 7 The State shall control the total quantity of ozone-depleting substances and manage quotas for the production, use, import and export of ozone-depleting substances. The competent department of ecology and environment under the State Council shall, in accordance with the national plan and the progress of the phase-out of ozone-depleting substances, consult with the relevant departments of the State Council to determine the total annual quota for the production, use, import and export of ozone-depleting substances in the country, and make a public announcement.

Article 8 The State encourages and supports scientific research, technological development and popularization and application of alternatives and alternative technologies for ozone-depleting substances。

The competent department of ecology and environment under the State Council, in conjunction with the relevant departments of the State Council, formulates, adjusts and publishes the Recommended List of Alternatives to Ozone Depleting Substances in China.

The development, production and use of alternatives to ozone-depleting substances shall be in accordance with national industrial policies and enjoy preferential policies in accordance with relevant national regulations. Units and individuals that have made outstanding achievements in the elimination of ozone-depleting substances shall be rewarded in accordance with relevant national regulations.

Article 9: All units and individuals have the right to report violations of the provisions of these Regulations to the competent department of ecology and environment or other relevant departments. The department receiving the report shall promptly investigate and handle it, and keep the informant confidential;

Chapter II Production, Sales and Use

Article 10 Units producing or using ozone-depleting substances shall, in accordance with the provisions of these Regulations, apply for a quota license for production or use. However, if the user unit falls under any of the following circumstances, it does not need to apply for a quota license:

(1) The maintenance unit uses ozone-depleting substances for the purpose of repairing refrigeration equipment, refrigeration systems or fire extinguishing systems;

(2) The laboratory uses a small amount of ozone-depleting substances for experimental analysis;

(3) The Customs implements quarantine on ozone-depleting substances in order to prevent the introduction or exit of harmful organisms;

(4) Other circumstances stipulated by the competent department of ecology and environment under the State Council that do not require an application for a quota permit.

Article 11 In addition to the conditions prescribed by laws and administrative regulations, the production and use units of ozone-depleting substances shall also meet the following conditions:

(1) Have a proven track record of lawful production or use of corresponding ozone-depleting substances;

(2) Sites, facilities, equipment and professional and technical personnel for the production or use of corresponding ozone-depleting substances;

(3) Experienced environmental protection facilities;

(4) There is a sound production and operation management system.

The provisions of subparagraph (a) of the preceding paragraph shall not apply to units that use ozone-depleting substances for special purposes as provided for in Article 6 of these Regulations.

Article 12 Units producing and using ozone-depleting substances shall, before October 31 of each year, apply in writing to the competent department of ecology and environment under the State Council for the production or use quota for the following year, and submit proof that they meet the requirements provided for in Article 11 of these Regulations.

The competent department of ecology and environment under the State Council shall, on the basis of the total annual production and use quota of ozone-depleting substances and the performance of the applicant unit in the production and use of the corresponding ozone-depleting substances, approve the production quota or use quota of the applicant unit for the next year, and complete the review before December 20 of each year. The competent department of ecology and environment of the people's government of the municipality directly under the Central Government; if the conditions are not met, the applicant shall be notified in writing and the reasons shall be explained.

Article 13 Quota permits for the production or use of ozone-depleting substances shall contain the following:

(1) The name, address, legal representative or responsible person of the production or use unit;

(ii) the varieties, uses and quantities of ozone-depleting substances permitted for production or use;

(3) the period of validity;

(4) The issuing authority, the date of issuance and the certificate number.

Article 14 Where the production and use of ozone-depleting substances need to adjust their quotas, they shall apply to the competent department of ecology and environment under the State Council for the formalities of changing their quotas.

The competent department of ecology and environment under the State Council shall conduct a review in accordance with the conditions and basis provided for in Articles 11 and 12 of these Regulations, and complete the review within 20 working days from the date of acceptance of the application.

Article 15 A production unit of ozone-depleting substances shall not produce ozone-depleting substances in excess of the variety, quantity and time limit specified in the production quota license, and shall not produce or sell ozone-depleting substances beyond the purposes specified in the production quota license.

The production of ozone-depleting substances without a production quota licence is prohibited.

Article 16 Units that have obtained quota use permits in accordance with the provisions of these Regulations shall not use ozone-depleting substances in excess of the variety, use, quantity and time limit specified in the quota use permits.

Except in the case where it is not necessary to apply for a quota permit, the use of ozone-depleting substances without a quota permit is prohibited, except in the cases where it is not necessary to apply for a quota permit.

Article 17 The following units shall go through the filing formalities in accordance with the provisions of the competent department of ecology and environment under the State Council:

(1) Sales units of ozone-depleting substances;

(2) Units engaged in business activities such as the maintenance and scrapping of refrigeration equipment, refrigeration systems or fire extinguishing systems containing ozone-depleting substances;

(3) Units engaged in business activities such as the recovery, recycling, or destruction of ozone-depleting substances;

(4) Units using ozone-depleting substances that are not required to apply for a quota permit as prescribed by the competent department of ecology and environment under the State Council.

The units provided for in items (1), (2) and (4) of the preceding paragraph shall file with the competent department of ecology and environment of the people's government at the level of a city divided into districts where they are located, and the units provided for in item (3) shall file with the competent department of ecology and environment of the people's government of the province, autonomous region or municipality directly under the Central Government where they are located.

Article 18 Except for imports and exports in accordance with the provisions of these Regulations, the purchase and sale of ozone-depleting substances can only be carried out between the production, sale and use of ozone-depleting substances in accordance with the provisions of these Regulations.

Article 19 Units producing and using ozone-depleting substances shall, in accordance with the provisions of the competent department of ecology and environment under the State Council, take necessary measures to prevent or reduce the leakage and emission of ozone-depleting substances。

Units engaged in business activities such as the maintenance and scrapping of refrigeration equipment, refrigeration systems or fire extinguishing systems containing ozone-depleting substances shall, in accordance with the provisions of the competent department of ecology and environment under the State Council, recover and recycle ozone-depleting substances or hand them over to units engaged in business activities such as recovery, recycling and destruction of ozone-depleting substances for harmless disposal.

Units engaged in business activities such as the recovery, recycling, and destruction of ozone-depleting substances, as well as units incidentally producing ozone-depleting substances in the production process, shall, in accordance with the provisions of the competent department of ecology and environment under the State Council, carry out harmless disposal of ozone-depleting substances and shall not directly discharge them.

Article 20 Units engaged in the production, sale, use, recycling, recycling, destruction and other business activities of ozone-depleting substances, as well as units engaged in business activities such as maintenance and scrapping of refrigeration equipment, refrigeration systems or fire extinguishing systems containing ozone-depleting substances, shall keep the original data of relevant production and business activities for at least three years, and submit relevant data in accordance with the provisions of the competent department of ecology and environment under the State Council.

Units that produce and use large quantities of ozone-depleting substances, as well as units that incidentally produce large quantities of ozone-depleting substances in the production process, shall install automatic monitoring equipment, network with the monitoring equipment of the competent department of ecology and environment, and ensure the normal operation of the monitoring equipment to ensure the authenticity and accuracy of the monitoring data. The specific measures shall be formulated by the competent department of ecology and environment under the State Council.

Chapter III Import and Export

Article 21 The State shall control the import and export of ozone-depleting substances and implement directory management. The competent department of ecology and environment under the State Council, together with the competent department of commerce of the State Council and the General Administration of Customs, formulates, adjusts and publishes the List of Controlled Ozone Depleting Substances for China's Imports and Exports.

Units that import and export ozone-depleting substances listed in the List of Controlled Ozone-Depleting Substances for Import and Export in China shall, in accordance with the provisions of these Regulations, apply to the national administration for import and export of ozone-depleting substances for import and export quotas, obtain import and export approval forms, and submit materials on the variety, quantity, source and use of ozone-depleting substances to be imported and exported.

Article 22 The national administration for the import and export of ozone-depleting substances shall, within 20 working days from the date of acceptance of the application, complete the examination and make a decision on whether to approve the application. If it is approved, the import and export approval form shall be issued to the applicant unit; if it is not approved, the applicant shall be notified in writing and the reasons shall be explained.

The validity period of the import and export approval form is up to 90 days, and it shall not be used beyond the time limit or across years.

Article 23 A unit that has obtained the approval form for the import and export of ozone-depleting substances shall, in accordance with the provisions of the competent department of commerce under the State Council, apply for an import and export license and go through customs clearance formalities with the Customs with the import and export license. Ozone-depleting substances included in the catalogue of import and export commodities that must be inspected shall be inspected by the Customs in accordance with the law.

If ozone-depleting substances enter or leave between special customs supervision areas or bonded supervision sites within the territory of the People's Republic of China and outside the territory, import and export entities shall apply for import and export approval forms and import and export licenses in accordance with the provisions of these Regulations; Import and export licenses.

Chapter IV: Supervision and Inspection

Article 24 The competent departments of ecology and environment and other relevant departments shall, in accordance with the provisions of these Regulations and their respective duties, supervise and inspect the production, sale, use, import and export of ozone-depleting substances.

Article 25: The competent departments of ecology and environment and other relevant departments have the right to take the following measures when conducting supervision and inspections:

(1) Requesting the inspected unit to provide relevant materials;

(2) Requesting the inspected unit to make an explanation of the relevant circumstances of the implementation of the provisions of these Regulations;

(3) Entering the production, business, or storage sites of the inspected unit to conduct investigations and collect evidence;

(4) Order the inspected unit to stop conduct that violates the provisions of these Regulations and perform its legally-prescribed obligations;

(5) Seizure or sealing of ozone-depleting substances illegally produced, sold, used, imported or exported, as well as their production equipment, facilities, raw materials and products.

The inspected unit shall cooperate, truthfully report the situation, provide necessary materials, and must not refuse or obstruct it.

Article 26: The competent departments of ecology and environment and other relevant departments shall conduct supervision and inspections, and the number of supervision and inspection personnel shall not be less than 2, and shall present valid administrative law enforcement certificates.

The staff of the competent department of ecology and environment and other relevant departments shall have the obligation to keep confidential the trade secrets learned during the supervision and inspection.

Article 27 The competent department of ecology and environment under the State Council shall establish and improve a data and information management system for ozone-depleting substances, and collect, summarize and publish data and information on the production, use, import and export of ozone-depleting substances.

The competent department of ecology and environment of the local people's government shall report the conduct discovered during supervision and inspection in violation of the provisions of these Regulations and the handling of the situation to the competent department of ecology and environment under the State Council step by step.

Other relevant departments of local people's governments at or above the county level shall report violations of the provisions of these Regulations discovered during supervision and inspection and the handling of them to the relevant departments of the State Council, and the relevant departments of the State Council shall promptly send a copy to the competent department of ecology and environment under the State Council.

Article 28: Where the competent department for ecology and the environment of a local people's government or other relevant departments does not investigate and deal with conduct that violates the provisions of these Regulations, the competent department at the level above has the right to order it to investigate and handle it in accordance with law or directly investigate and deal with it.

Chapter V: Legal Responsibility

Article 29 Where a department responsible for the supervision and administration of ozone-depleting substances and its staff commits any of the following acts, the person in charge who is directly responsible and other persons who are directly responsible shall be punished in accordance with law;

(1) Issuing quota permits for the production and use of ozone-depleting substances in violation of the provisions of these Regulations;

(2) Issuing approval forms or import and export licenses for the import and export of ozone-depleting substances in violation of the provisions of these Regulations;

(3) Failure to investigate and handle violations of these Regulations in accordance with law;

(4) Soliciting or accepting property from others or seeking other benefits in the course of handling administrative licenses for the production, use, import and export of ozone-depleting substances, as well as carrying out supervision and inspection;

(5) There are other acts of favoritism, abuse of authority, or dereliction of duty.

Article 30 Where ozone-depleting substances are produced without a production quota license, the local competent department of ecology and environment shall order them to stop the illegal acts, confiscate the raw materials used for the illegal production of ozone-depleting substances, the illegally produced ozone-depleting substances and the illegal gains, dismantle and destroy the equipment and facilities used for the illegal production of ozone-depleting substances, and impose a fine of not less than 1 million yuan but not more than 5 million yuan.

Article 31 Where a unit that shall apply for a quota permit in accordance with the provisions of these Regulations uses ozone-depleting substances without a quota permit, or uses obsolete ozone-depleting substances for refrigerants, foaming agents, fire extinguishing agents, solvents, cleaning agents, processing aids, pesticides, aerosols, expansion agents, etc., in violation of the provisions of these Regulations, the competent department of ecology and environment shall order it to stop the illegal acts and confiscate the illegally used ozone-depleting substances. A fine of not less than 200,000 yuan but not more than 500,000 yuan shall be imposed on products produced by illegal use of ozone-depleting substances and illegal gains, and if the circumstances are serious, a fine of not less than 500,000 yuan but not more than 1,000,000 yuan shall be imposed on them, and equipment and facilities used for illegal use of ozone-depleting substances shall be dismantled and destroyed.

Article 32 Where an ozone-depleting substance producing or using an entity commits any of the following acts, the competent department of ecology and environment of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located shall order it to stop its illegal acts, confiscate the illegally produced or used ozone-depleting substances, the products produced by the illegal use of ozone-depleting substances and its illegal gains, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan, and report to the competent department of ecology and environment under the State Council to reduce its production. If the circumstances are serious, a fine of between 500,000 and 1,000,000 RMB shall be imposed, and the quota license shall be revoked by the competent department of ecology and environment under the State Council.

(1) The production of 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) The use of ozone-depleting substances in excess of the variety, quantity, use and time limit specified in the quota permit.

Article 33 Where a unit producing, selling or using ozone-depleting substances sells or purchases ozone-depleting substances to units that do not comply with the provisions of these Regulations, the competent department of ecology and environment shall order it to make corrections, confiscate the ozone-depleting substances illegally sold or purchased and the illegal gains, and impose a fine of three times the total market price of the ozone-depleting substances sold or purchased;

Article 34 Where a unit producing or using ozone-depleting substances fails to take necessary measures to prevent or reduce the leakage and discharge of ozone-depleting substances in accordance with regulations, it shall be ordered to make corrections by the local competent department of ecology and environment and shall be fined not less than 50,000 yuan but not more than 100,000 yuan;

Article 35 Where a unit engaged in business activities such as the maintenance or scrapping of refrigeration equipment, refrigeration systems or fire extinguishing systems containing ozone-depleting substances fails to recover or recycle ozone-depleting substances in accordance with regulations or hand them over to a unit engaged in business activities such as recycling, recycling, or destruction of ozone-depleting substances for harmless disposal, the competent department of ecology and environment shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan;

Article 36 Where a unit engaged in business activities such as the recovery, recycling, or destruction of ozone-depleting substances, as well as a unit incidentally producing ozone-depleting substances in the production process, fails to carry out harmless disposal of ozone-depleting substances in accordance with regulations and directly discharges them, the competent department of ecology and environment shall order them to make corrections and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan;

Article 37 Where a unit engaged in business activities such as the production, sale, use, import and export, recycling, recycling, and destruction of ozone-depleting substances, as well as a unit engaged in business activities such as the maintenance and scrapping of refrigeration equipment, refrigeration systems, or fire extinguishing systems containing ozone-depleting substances, commits any of the following acts, the local competent department of ecology and environment shall order corrections and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan:

(1) Where it should be filed with the competent department of ecology and environment in accordance with the provisions of these Regulations, but it has not been filed;

(B) not in accordance with the provisions of the complete preservation of the original information on production and business activities;

(3) Failing to declare on time or falsely reporting or concealing data related to business activities;

(4) Failure to provide necessary materials as required by supervision and inspection personnel.

Article 38 Where a unit that produces or uses a large amount of ozone-depleting substances, or that incidentally produces a large amount of ozone-depleting substances in the production process, fails to install automatic monitoring equipment in accordance with regulations and network it with the monitoring equipment of the competent department of ecology and environment, or fails to ensure the normal operation of the monitoring equipment, resulting in untrue or inaccurate monitoring data, the competent department of ecology and environment shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan;

Article 39 Where an importor or exporter imports or exports ozone-depleting substances without an import or export license or in excess of the provisions of the import or export license, the Customs shall impose penalties in accordance with the provisions of the relevant laws and administrative regulations;

Where ozone-depleting substances import and export quotas, import and export approval forms, and import and export licenses are obtained by fraud, bribery, or other improper means, the national ozone-depleting substances import and export administration agency and the competent department of commerce under the State Council shall revoke their import and export quotas, import and export approval forms, and import and export licenses in accordance with their duties, and shall not apply for them again within three years, and shall be fined not less than 100,000 yuan but not more than 500,000 yuan by the local competent department of ecology and environment.

Article 40 Anyone who refuses or obstructs the supervision and inspection of the competent department of ecology and environment or other relevant departments, or commits fraud when accepting supervision and inspection, shall be ordered to make corrections and imposed a fine of not less than 20,000 yuan but not more than 200,000 yuan;

Article 41: Where administrative punishments are received for violating the provisions of these Regulations, it is to be recorded in credit records in accordance with relevant state provisions and announced to the public.

Chapter VI: Supplementary Provisions

Article 42: These Regulations take effect on June 1, 2010.