A piece of legislation on ODS (ozone depleting substance) phase-out has already been drafted and is due to be signed into law within two years.

The State Administration of Environmental Protection (SEPA) disclosed the latest progress of the legislation, a hot topic at two major forums during the conference to mark the 10th anniversary of International Ozone Layer Protection Day in Shenzhen on Saturday.

So far there are around 100 documents issued by different government departments in China about phasing out ODS, but there is no national law, which includes all the relevant terms and specifies punishment. The lack of legal support leaves a lot of loopholes for risk-taking producers and traders.

"The legislation is based on one principle-- adjusting the macro industry policy to ensure the cost of illegal use of ODS is much higher than those abiding by the law," said Professor Wang Canfa from China University of Political Science and Law, who joined the law drafting.

Shenzhen has called for a national law to support local regulations. Guo Yurong, director of Shenzhen Environmental Protection said that it would try to increase public awareness about ODS elimination.

Considering that it is now high time that different ODS substitutes emerge, the decision makers are planning to put more emphasis on this aspect. "We should be more far-sighted. In addition to eliminating the ODS, we also have to include laws about the technology, investment, trading and market access about the future substitute product," said Li Xinmin, vice director of SEPA's pollution control department.

The illegal international trade of products containing ODS, particularly among developing nations is a difficult problem to deal with. Atul Bagai, the South Asia coordinator of the United Nations Environment Program (UNEP) suggested an ODS license system be adopted. "The regional information sharing is important. The ODS export and import countries can sign an agreement to ensure only those meeting the certain requirement can get the license of ODS trading," said Bagai.

Another expert Volkmar Hasse from the German Technology Center, also suggested certified training be included in China's legislation to guarantee people in charge of eliminating ODS are technically qualified.

(Shenzhen Daily September 19, 2005)