Requirements and Procedure for Application of Environmental Permits/ Licences

Ozone Layer Protection

Application for Import and Export Licences for Ozone Depleting Substances Controlled under Ozone Layer Protection Ordinance

Under the provisions of the Ozone Layer Protection Ordinance (OLPO), certain ozone depleting substances are subject to licensing control. Through delegated authority from the Director of Environmental Protection, the Trade & Industry Department will issue licences to cover imports and exports of these substances.

Product Coverage

Registration and Quota System

Ban on Import and Export of Scheduled Substances from/to Non-Parties to the Montreal Protocol

Import for Local Consumption

Import for Re-export

Exports

Import and Export Notification

Validity Period of Licence

Application Procedure

Important Warning

Enquiries

Product Coverage

Imports and exports of substances listed in the Schedule to the Ozone Layer Protection Ordinance (OLPO) are subject to licensing control. No imports or exports of these scheduled substances are allowed unless covered by a valid licence issued by the Trade & Industry Department.

A scheduled substance is subject to control whether existing alone or in a mixture but does not include a substance that is

in a manufactured product (other than one used solely for the transportation or storage of the substance) and the substance is used in the operation of the product or the mere dispensing of the contents of the product constitutes the intended use of the substance; or
part of a manufactured product solely because the substance was used in the process of manufacturing the product.

(See Appendix 2 of "A Concise Guide to the Ozone Layer Protection Ordinance" for clarification of the type and form of substances that are subject to control).

Enquiries relating to products under control should be directed to the Environmental Protection Department at the following address and telephone numbers:

Air Science and Modelling Group,
Environmental Protection Department,
33/F, Revenue Tower,
5 Gloucester Road,
Wan Chai, Hong Kong.

Tel No.:	2594 6225 2594 6593
Fax No.:	2827 8040

Registration and Quota System

Under the registration and licensing system, persons who wish to import or export any of the scheduled substances must:

(a)	first become a registrant by application to the Trade and Industry Department;

(b)	apply for a licence from the Trade and Industry Department on each occasion; and/or

(c)	possess the quota to import the Hydrochlorofluorocarbons (HCFCs) for local consumption.

The quota allocation system consists of normal quota and free quota. Normal quotas are allocated at the beginning of each year to the registered companies based on their retained import performance in the previous year. Free quotas are allocated to the normal quota holders and the new traders/importers on a first-come-first-served basis.

Ban on Import and Export of Scheduled Substances from/to Non-Parties to the Montreal Protocol

In accordance with the provisions of the Montreal Protocol on Substances that Deplete the Ozone Layer, all imports and exports of scheduled substances from / to non-parties to the Montreal Protocol are banned. In other words, the scheduled substances entering or leaving Hong Kong must be:

For imports:

(a)	from a country that is a party to the Montreal Protocol or from a country that is not a party to the Protocol but is determined by a meeting of the parties to be in full compliance with Articles 2 and 4 and has submitted data to that effect as specified in Article 7 of the Protocol; and

(b)	exported by an exporter who is located in a country that is a party to the Montreal Protocol; or in a country that is not a party to the Protocol but is determined by a meeting of the parties to be in full compliance with Articles 2 and 4 and has submitted data to that effect as specified in Article 7 of the Protocol.

For exports:

Exported to the country of destination which must be a country that is a party to the Montreal Protocol or a country that is not a party to the Protocol but is determined by meeting of the parties to be in full compliance with Articles 2 and 4 and has submitted data to that effect as specified in Article 7 of the Protocol.

No import and export licences shall be issued to cover consignments which fail to comply with the above. The list of parties to the Montreal Protocol will be updated from time to time and latest information is obtainable from the Environmental Protection Department or the Trade & Industry Department. Please also note that trade with Taiwan is acceptable under the Montreal Protocol.

Import for Local Consumption

9.	No scheduled substances may be imported into Hong Kong unless covered by a valid import licence issued by the Trade & Industry Department. Starting from 1 January 1996, only Hydrochlorofluorocarbons (HCFCs) and Methyl Bromide can be imported for local consumption. The importer must indicate very clearly in the Importer's Declaration at the lower left hand corner of the import licence that the quantity is for local consumption and not for subsequent re-exportation.

10.	All imports of HCFCs for local consumption will be debited against valid import quotas held by importers. Import licences will not be issued if the importer does not have sufficient quotas to cover the entire licensed quantity. Detailed conditions governing the utilization of import quotas are set out in quota allocation letters to quota holders.

11.	Import of methyl bromide for local consumption is strictly for quarantine and pre-shipment applications only. Apart from the Ozone Layer Protection Ordinance, it is also subject to import/export control under the Import and Export Ordinance and the regulation of the Pesticides Ordinance.

Import for Re-export

12.

Imports of ozone depleting substances for re-export will not be debited against import quotas on condition that the importer meets the following requirements:

(a)	declare on the import licence application that the shipment is for re-export; and

(b)	submit export licence application together with the import licence application to re-export the imported quantity in full within the validity period of the export licence; and

(c)	produce a through bill of lading or other shipping documents to prove that the consignments are intended for re-exportation in full within the validity period of the export licence; and

(d)	each export licence must relate to one import licence only; and

(e)	no alteration, substitution, replacement, transfer or adaptation in any manner whatsoever shall be made to the packing of the consignments before that are re-exported.

13.

Failure to re-export ozone depleting substances in full within the validity period of the export licence is an offence liable to prosecution action and/or administrative action including but not limited to the cancellation of registration, denial of future licensing facilities and withdrawal of unutilized quotas.

14.

Starting from 8 January 2004, importers-cum-exporters can apply for a new combined "Import and Export Licence" for the transhipment of a scheduled substance via Hong Kong, that is a transhipment cargo covered by a through bill of lading. Please click this link for details of the new combined licence procedure.

15.

Importers are reminded to indicate very clearly in the Importer's Declaration at the lower left hand corner of the import licence whether the consignment is for local consumption or re-export.