Measures for Supervision and Administration of the Preparation of Environmental Impact Reports (Statements) for Construction Projects
Measures for Supervision and Administration of the Preparation of Environmental Impact Reports (Statements) for Construction Projects
Measures for Supervision and Administration of the Preparation of Environmental Impact Reports (Statements) for Construction Projects
Order of the Ministry of Ecology and Environment No.9
September 20, 2019
The Measures for Supervision and Administration of the Preparation of Environmental Impact Reports (Statements) for Construction Projects, which were deliberated and adopted at the executive meeting of the Ministry of Ecology and Environment (the "MEE") on August 19, 2019, are hereby promulgated for implementation as of November 1, 2019. The Measures for the Administration of the Qualification for Environmental Impact Assessment of Construction Projects (Order of the Ministry of Environmental Protection No.36) issued by the former Ministry of Environmental Protection on September 28, 2015 and the Announcement on the Requirements for Relevant Work after the Cancelation of the Administrative Approval Item concerning the Qualification of Environmental Impact Assessment for Construction Projects (for Temporary Implementation) (Announcement of the Ministry of Ecology and Environment [2019] No.2) issued by the MEE on January 19, 2019 shall be simultaneously abolished.
Li Ganjie, Minister of the Ministry of Ecology and Environment
Measures for Supervision and Administration of the Preparation of Environmental Impact Reports (Statements) for Construction Projects
Chapter I General Provisions
Article 1 The Measures are formulated in accordance with the Law of the People's Republic of China on Environmental Impact Assessment, the Administrative Regulations on Environmental Protection in Construction Projects and other relevant laws and regulations in order to standardize the preparation of environmental impact reports (statements) for construction projects (the "environmental impact reports (statements)"), strengthen supervision and administration, ensure the quality of environmental impact assessment and maintain the technical service market order of environmental impact assessment.
Article 2 Construction entities may entrust technical entities to carry out an environmental impact assessment for their construction projects and prepare environmental impact reports (statements); construction entities that have the technical capability for environmental impact assessment may carry out an environmental impact assessment for their construction projects on their own and prepare environmental impact reports (statements).
Technical entities shall not have any relationship of interest with competent departments of ecological environment responsible for examining and approving environmental impact reports (statements) or other relevant examination and approval departments. No entity or individual may designate a technical entity to prepare environmental impact reports (statements) for construction entities.
For the purpose of the Measures, technical entities refer to those entities that have the technical capability for environmental impact assessment and accept entrustment to prepare environmental impact reports (statements) for construction entities.
Article 3 Construction entities shall bear responsibility for the contents and conclusions of environmental impact reports (statements); technical entities shall bear the corresponding responsibility for environmental impact reports (statements) prepared by them.
Article 4 Preparation entities shall strengthen the building of technical capability for environmental impact assessment and improve the level of professional technology. The guidelines for capability building for the preparation of environmental impact reports (statements) shall be separately developed by the MEE.
Construction entities are encouraged to prioritize technical entities with good credit and which are in compliance with the guidelines for capability building to prepare environmental impact reports (statements) for them.
For the purpose of the Measures, preparation entities refer to those entities that preside over the preparation of environmental impact reports (statements), including the technical entities that preside over the preparation of environmental impact reports (statements) and the construction entities that preside over the preparation of environmental impact reports (statements) themselves.
Article 5 Preparation personnel shall have professional technical knowledge and continuously improve business capabilities.
For the purpose of the Measures, preparation personnel refer to the preparation host and main preparation personnel of environmental impact reports (statements). The preparation host is the preparation head of environmental impact reports (statements). The main preparation personnel include the writers of chapters and sections of environmental impact reports and the writers of the main contents of environmental impact statements.
Article 6 Competent departments of ecological environment at or above the level of city divided into districts (the "competent departments of ecological environment") shall strengthen the supervision, administration and quality assessment of preparation entities, conduct supervision and inspection of the preparation of environmental impact reports (statements) and investigate and punish the quality issues of preparation, and implement credit management for preparation entities and preparation personnel.
Article 7 The MEE shall be responsible for the construction of a national unified environmental impact assessment credit platform (the "credit platform"), and organizing the establishment of a credit file management system for preparation entities and preparation personnel. The credit platform is integrated into the credit information platform in the field of national ecological environment for unified management.
The relevant information such as basic information of preparation entities and preparation personnel shall be disclosed through the credit platform. The specific measures shall be formulated separately by the MEE.
Chapter II Requirements for Preparation
Article 8 Preparation entities and preparation personnel shall adhere to the principles of fairness, science and integrity, and abide by the relevant laws, regulations, standards, and technical specifications and other provisions on environmental impact assessment to ensure that the contents of environmental impact reports (statements) are true, objective, comprehensive and standardized.
Article 9 Preparation entities shall be the entities that can independently assume legal responsibility according to the law.
Among the entities specified in the preceding paragraph, the following entities shall not, as technical entities, prepare environmental impact reports (statements):
1. the competent departments of ecological environment or other public institutions set up by the examination and approval departments responsible for examining and approving environmental impact reports (statements);
2. the social organizations that are managed by or affiliated with the competent departments of ecological environment, or other examination and approval departments responsible for examining and approving environmental impact reports (statements);
3. the entities funded by the public institutions and social organizations in the first two items of this paragraph and their reinvested entities;
4. the entities entrusted by the competent departments of ecological environment or other examination and approval departments responsible for examining and approving environmental impact reports (statements) to carry out the technical assessment of environmental impact reports (statements);
5. the entities funded by the technical assessment entities in Item 4 of this paragraph and their reinvested entities; and
6. the contributors of the technical assessment entities, or other entities funded by the contributors of the technical assessment entities or the entities funded by the legal representative of the technical assessment entities as stipulated in Item 4 of this paragraph.
Individual businesses and leaseholding farm households as well as the internal institutions, branches or temporary institutions of the entities specified in Paragraph 1 of this article shall not preside over the preparation of environmental impact reports (statements).
Article 10 Preparation entities shall have the technical capability of environmental impact assessment.
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Order of the Ministry of Ecology and Environment No.9
September 20, 2019
The Measures for Supervision and Administration of the Preparation of Environmental Impact Reports (Statements) for Construction Projects, which were deliberated and adopted at the executive meeting of the Ministry of Ecology and Environment (the "MEE") on August 19, 2019, are hereby promulgated for implementation as of November 1, 2019. The Measures for the Administration of the Qualification for Environmental Impact Assessment of Construction Projects (Order of the Ministry of Environmental Protection No.36) issued by the former Ministry of Environmental Protection on September 28, 2015 and the Announcement on the Requirements for Relevant Work after the Cancelation of the Administrative Approval Item concerning the Qualification of Environmental Impact Assessment for Construction Projects (for Temporary Implementation) (Announcement of the Ministry of Ecology and Environment [2019] No.2) issued by the MEE on January 19, 2019 shall be simultaneously abolished.
Li Ganjie, Minister of the Ministry of Ecology and Environment
Measures for Supervision and Administration of the Preparation of Environmental Impact Reports (Statements) for Construction Projects
Chapter I General Provisions
Article 1 The Measures are formulated in accordance with the Law of the People's Republic of China on Environmental Impact Assessment, the Administrative Regulations on Environmental Protection in Construction Projects and other relevant laws and regulations in order to standardize the preparation of environmental impact reports (statements) for construction projects (the "environmental impact reports (statements)"), strengthen supervision and administration, ensure the quality of environmental impact assessment and maintain the technical service market order of environmental impact assessment.
Article 2 Construction entities may entrust technical entities to carry out an environmental impact assessment for their construction projects and prepare environmental impact reports (statements); construction entities that have the technical capability for environmental impact assessment may carry out an environmental impact assessment for their construction projects on their own and prepare environmental impact reports (statements).
Technical entities shall not have any relationship of interest with competent departments of ecological environment responsible for examining and approving environmental impact reports (statements) or other relevant examination and approval departments. No entity or individual may designate a technical entity to prepare environmental impact reports (statements) for construction entities.
For the purpose of the Measures, technical entities refer to those entities that have the technical capability for environmental impact assessment and accept entrustment to prepare environmental impact reports (statements) for construction entities.
Article 3 Construction entities shall bear responsibility for the contents and conclusions of environmental impact reports (statements); technical entities shall bear the corresponding responsibility for environmental impact reports (statements) prepared by them.
Article 4 Preparation entities shall strengthen the building of technical capability for environmental impact assessment and improve the level of professional technology. The guidelines for capability building for the preparation of environmental impact reports (statements) shall be separately developed by the MEE.
Construction entities are encouraged to prioritize technical entities with good credit and which are in compliance with the guidelines for capability building to prepare environmental impact reports (statements) for them.
For the purpose of the Measures, preparation entities refer to those entities that preside over the preparation of environmental impact reports (statements), including the technical entities that preside over the preparation of environmental impact reports (statements) and the construction entities that preside over the preparation of environmental impact reports (statements) themselves.
Article 5 Preparation personnel shall have professional technical knowledge and continuously improve business capabilities.
For the purpose of the Measures, preparation personnel refer to the preparation host and main preparation personnel of environmental impact reports (statements). The preparation host is the preparation head of environmental impact reports (statements). The main preparation personnel include the writers of chapters and sections of environmental impact reports and the writers of the main contents of environmental impact statements.
Article 6 Competent departments of ecological environment at or above the level of city divided into districts (the "competent departments of ecological environment") shall strengthen the supervision, administration and quality assessment of preparation entities, conduct supervision and inspection of the preparation of environmental impact reports (statements) and investigate and punish the quality issues of preparation, and implement credit management for preparation entities and preparation personnel.
Article 7 The MEE shall be responsible for the construction of a national unified environmental impact assessment credit platform (the "credit platform"), and organizing the establishment of a credit file management system for preparation entities and preparation personnel. The credit platform is integrated into the credit information platform in the field of national ecological environment for unified management.
The relevant information such as basic information of preparation entities and preparation personnel shall be disclosed through the credit platform. The specific measures shall be formulated separately by the MEE.
Chapter II Requirements for Preparation
Article 8 Preparation entities and preparation personnel shall adhere to the principles of fairness, science and integrity, and abide by the relevant laws, regulations, standards, and technical specifications and other provisions on environmental impact assessment to ensure that the contents of environmental impact reports (statements) are true, objective, comprehensive and standardized.
Article 9 Preparation entities shall be the entities that can independently assume legal responsibility according to the law.
Among the entities specified in the preceding paragraph, the following entities shall not, as technical entities, prepare environmental impact reports (statements):
1. the competent departments of ecological environment or other public institutions set up by the examination and approval departments responsible for examining and approving environmental impact reports (statements);
2. the social organizations that are managed by or affiliated with the competent departments of ecological environment, or other examination and approval departments responsible for examining and approving environmental impact reports (statements);
3. the entities funded by the public institutions and social organizations in the first two items of this paragraph and their reinvested entities;
4. the entities entrusted by the competent departments of ecological environment or other examination and approval departments responsible for examining and approving environmental impact reports (statements) to carry out the technical assessment of environmental impact reports (statements);
5. the entities funded by the technical assessment entities in Item 4 of this paragraph and their reinvested entities; and
6. the contributors of the technical assessment entities, or other entities funded by the contributors of the technical assessment entities or the entities funded by the legal representative of the technical assessment entities as stipulated in Item 4 of this paragraph.
Individual businesses and leaseholding farm households as well as the internal institutions, branches or temporary institutions of the entities specified in Paragraph 1 of this article shall not preside over the preparation of environmental impact reports (statements).
Article 10 Preparation entities shall have the technical capability of environmental impact assessment.
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