Decision 83/41

Subsequently, the convener of the contact group reported on the issues discussed, based on which the Executive Committee decided:

1. To welcome the following regulatory and enforcement actions to be undertaken by the Government of China:
   1. Increase and extension of penalties for enterprises’ non-compliance with the controlled-substance regulations;
   2. Intensification of inspections of enterprises currently or formerly using controlled substances;
   3. Implementation of controlled-substance inspection plans for ecology and environment bureaux (EEBs);
   4. Increased provision of support and enforcement tools to EEBs;
   5. Development of an online registration and tracking system for controlled‑substance users;
   6. Increased training for customs officers;
   7. Conduct of an annual mass balance analysis of foam blowing components to determine the market size of the foam sector;
   8. Publicizing of the outcome of investigations and increased communication with industry;
2. To note with appreciation that the Government of China will ndertake the following additional actions in support of its enforcement actions:
   1. Establishment of a national controlled atmospheric monitoring network for controlled substances;
   2. Establishment of an additional six testing laboratories for controlled substances in products;
   3. Real-time flow monitoring of CTC at chloromethane production enterprises;
3. Also to note with appreciation that the Government of China will consider the following suggestions to supplement and augment its regulatory and enforcement actions:
   1. Fast-track atmospheric monitoring through movement or modification of existing equipment and/or flask sampling;
   2. Increased direction on enforcement at the provincial level from the national government;
   3. Development of performance indicators for enforcement activities, such as the number of customs officers trained or inspections undertaken;
   4. Extension of penalties and prohibitions to consumers of controlled substances or products containing controlled substances, where appropriate;
   5. Regular and frequent consultations with industry and enterprises to ascertain market conditions;
   6. Random testing of products that might contain controlled substances;
   7. Conduct of annual mass balance analysis of refrigeration and air-conditioning market to determine market size and verify reported HCFC consumption;
   8. Reporting on the details of enforcement activities, including the capacity of the reactor, amount of controlled substance on site, relevant records on feedstock purchases and sales, any penalties resulting from the enforcement action;
4. Further to note that the Government of China will consider engaging a non‑governmental consultant to undertake a study (including quantitative data, where available, and qualitative market information) to determine the regulatory, enforcement, policy or market circumstances that might have led to the illegal production and use of CFC-11 and CFC-12;
5. Further to note the Government of China will report to the Executive Committee, at the 84^th meeting and again to the 86^th meeting, on its progress in implementing the activities described above;
6. To consider at the 84^th meeting possible forms of remedy in relation to illegal production and/or consumption of CFC-11 in China after 2008; and
7. To consider at the 84^th meeting continued funding of stage II of the HCFC phase-out management plan and stage II of the HCFC production phase-out management plan.