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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, 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 Form

Application Procedure

Important Warning

Enquiries

 

Product Coverage

2. Imports and exports of substances listed in the Schedule to the Ozone Layer Protection Ordinance 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.
   
3. A scheduled substance is subject to control whether existing alone or in a mixture but does not include a substance that is
  1. 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
     
  2. 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).
   
4. Enquiries relating to products under control should be directed to the Environmental Protection Department at the following address and telephone numbers:
Air Policy Group,
Environmental Protection Department,
33/F, Revenue Tower,
5 Gloucester Road,
Wan Chai, Hong Kong.
Tel No.: 2594 6225
2594 6261
2594 6329
Fax No.: 2827 8040

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 Registration and Quota System

 
5. Under the registration and licensing system, persons who wish to import or export any of the scheduled substances must:
(a) first register with 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.
   
6. 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 previous years HCFCs retained import performance. Free quotas are allocated to the normal quota holders and the new traders/importers on a first-come-first-served basis.

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

 
7. 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.
   
8. 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.

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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 localconsumption. 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.  

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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.

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Exports
 
16.
No scheduled substances may be exported or re-exported from Hong Kong unless covered by a valid export licence issued by the Trade & Industry Department.

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Import and Export Notification
 
17. In accordance with the conditions for the issue of a licence, all importers and exporters must notify the Director-General of Trade, in specified format, details of the import and export within 14 days after the importation or exportation of the scheduled substances.
   
18. Notifications are required to be supported by shipping documents like bills of lading, packing lists, invoices and other documents specified by the Director-General of Trade.

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Validity Period of Licence
 
19. The import and export licences are valid for sixty days from the date of issue, unless otherwise stated.

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Application Form
 
20. The same licence forms will be used for all scheduled substances but applicants should submit separate licences for consignments of different groups of ozone depleting substances.
   
21. Import and Export licence forms are available for sale at the following addresses:
Trade & Industry Department,
Shroff and Form Sales Counter,
Room 1309, 13/F,
Trade and Industry Tower,
 3 Concorde Road,
Kowloon City, Hong Kong
(Tel: 2398 5560)

Publication Sales Unit,
Information Services Department,
Rm 626, 6/F, North Point Government Offices,
333 Java Road, North Point,
Hong Kong.
(Tel.: 2537 1910)

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Application Procedure
 
22. Registration under the Ozone Layer Protection Ordinance is a pre-requisite to the application of licences. All importers and exporters of ozone depleting substances must be registered with the Trade & Industry Department.
   
23.
Applications for ozone depleting substances licence should be submitted to Rough Diamonds and Ozone Depleting Substances Licensing Unit, Room 1604, 16/F., Trade and Industry Tower, 3 Concorde Road,  Kowloon City, Hong Kong.  A fee of $815 (from 1 January 2006) is payable on the issue of each import or export licence. However, a combined import and export licence (at a fee of $1,210 from 1 January 2006) can be applied for the transhipment of a scheduled substance via Hong Kong. Please click this link for further details about the new procedure. Please do not submit payment at the time of application. Payment should be made when collecting the approved licences and should only be made at Trade & Industry Department's Shroff and Form Sales Counter.
   
24. Barring any unforeseen circumstances and provided there are no complications, licences are normally ready for collection in 2 clear working days.

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Important Warning
 
25. Conditions of issue of licence are provided on the reverse of the import and export licences. Breach of any of the conditions renders the licence null and void and any person found guilty of such a breach is liable to prosecution and heavy penalties up to a maximum of $1,000,000 and imprisonment for 2 years under the Ozone Layer Protection Ordinance and Import & Export Ordinance. In addition, the Director of Environmental Protection reserves the right to take administrative action against the defaulting person including but not limited to the cancellation of licence.
   
26. Furthermore, all alterations must be carried out by authorized officers. Heavy penalties are provided for false declaration and information, unauthorized alterations and misuse of the licence.

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Enquiries
 

27.

 

Should you require further information, please contact Trade and Industry Department office at:

Rough Diamonds and Ozone Depleting Substances Licensing Unit,
Room 1604, 16/F, Trade and Industry Tower,
3 Concorde Road,
Kowloon City, Hong Kong

Tel No.: 2398 5560
Fax No.: 2380 8504
Website: http://www.tid.gov.hk/english/import_export/nontextiles/
nt_ozone/nt_ozone.html
 
 
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User review date: 
Friday, 22 April, 2016