Provisions of the Ministry of Ecology and Environment on the Examination and Approval Procedures for Environmental Impact Reports (Statements) for Construction Projects
Provisions of the Ministry of Ecology and Environment on the Examination and Approval Procedures for Environmental Impact Reports (Statements) for Construction Projects
Provisions of the Ministry of Ecology and Environment on the Examination and Approval Procedures for Environmental Impact Reports (Statements) for Construction Projects
Order of the Ministry of Ecology and Environment No. 14
November 23, 2020
The Provisions of the Ministry of Ecology and Environment on the Examination and Approval Procedures for Environmental Impact Reports (Statements) for Construction Projects, which were deliberated and adopted at the ministerial meeting of the Ministry of Ecology and Environment on November 5, 2020, are hereby promulgated and shall come into effect as of January 1, 2021.
Huang Runqiu, Minister of the Ministry of Ecology and Environment
Provisions of the Ministry of Ecology and Environment on the Examination and Approval Procedures for Environmental Impact Reports (Statements) for Construction Projects
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the Administrative Licensing Law of the People's Republic of China, the Law of the People's Republic of China on Environmental Impact Assessment, the Administrative Regulations on Environmental Protection in Construction Projects, and ecological environment laws and regulations concerning marine environmental protection, radioactive pollution prevention and control, air pollution prevention and control, water pollution prevention and control with a view to regulating the examination and approval procedures of the Ministry of Ecology and Environment (“MEE”) for environmental impact reports and environmental impact statements (hereinafter referred to as “environmental impact reports (statements)”) for construction projects, improving the efficiency and service level of examination and approval, implementing and deepening the reform of “streamlining administration, delegating powers, improving regulation, and upgrading services”, optimizing the business environment, and safeguarding the legitimate rights and interests of citizens, legal persons and other organizations.
Article 2 These Provisions shall apply to the examination and approval of environmental impact reports (statements) for construction projects whose examination and approval are under the responsibility of the MEE.
Article 3 The MEE shall follow the principles of compliance with laws and regulations, scientific decision-making, openness, justice, convenience and efficiency in the examination and approval of environmental impact reports (statements) for construction projects.
Article 4 With respect to the construction projects for which the environmental impact reports (statements) shall be prepared in accordance with the law, the project developers shall submit the environmental impact reports (statements) to the MEE for examination and approval prior to the commencement of construction.
In case of significant changes in the nature, scale, site, adopted production technique or measures against pollution and ecological destruction concerning a construction project after the environmental impact report (statement) concerned is approved, the project developer shall submit the environmental impact report (statement) to the MEE again for further examination and approval prior to the commencement of construction of the significantly changed parts.
Article 5 With respect to the major infrastructure projects, civil engineering projects and national defense research and production projects which are determined by the State, the MEE may provide guidance in advance and proactive services on the basis of the information provided by the project developers, the entities preparing the environmental impact reports (statements) or relevant departments, so as to accelerate the progress of examination and approval.
Chapter II Application and Acceptance
Article 6 Where a project developer applies to the MEE for approving its environmental impact report (statement), except for the circumstances under which confidentiality is required by state regulations, it shall submit the following materials via the Government Service Hall of the Ministry of Ecology and Environment, the National Integrated Online Government Service Platform (website: http://zwfw. mee.gov.cn, hereinafter referred to as the “Government Service Hall”), and shall be responsible for the authenticity of such materials:
1. the Application for Approval of the Environmental Impact Report (Statement) for Construction Project;
2. the Environmental Impact Report (Statement) for Construction Project. If the Environmental Impact Report (Statement) contains state secrets, trade secrets or individual privacy, the project developer shall delete or conceal relevant information at its discretion or take differentiated measures; and
3. the Instructions to Public Participation in the Construction Project for which the Environmental Impact Report is prepared.
Besides the materials specified in the preceding paragraph, the project developer shall also submit to the MEE the paper versions of the following materials and a copy of mobile electronic storage devices such as CDs by mail or delivery by hand:
1. three copies of the full text of the Environmental Impact Report (Statement) for Construction Project;
2. three copies of the Instructions to Public Participation in the Construction Project for which the Environmental Impact Report is prepared; and
3. one copy of the explanatory material in case of deletion, concealment or otherwise disposal of certain contents that are not suitable for disclosure of the Environmental Impact Report (Statement) for Construction Project submitted online via the Government Service Hall.
With respect to the construction projects which shall be kept confidential in accordance with state regulations, the application materials shall be delivered by hand.
Article 7 The MEE may take measures as below for the application materials submitted by project developers under the following circumstances:
1. if it is unnecessary to prepare an environmental impact report (statement) in accordance with the law, the MEE shall notify the project developer of rejection immediately;
2. with respect to an environmental impact report (statement) which is not subject to the examination and approval of the MEE, the MEE shall reject the application and notify the project developer to apply to relevant authority;
3. if an environmental impact report (statement) is prepared by an entity or a person who is included in the list of rectification before deadline or the “black list” set forth in the Measures for the Supervision and Administration of the Preparation of Environmental Impact Reports (Statements) for Construction Projects, the MEE shall notify the project developer of rejection;
4. if the application materials are incomplete or do not conform to the legal form, the MEE shall notify the project developer of all contents to be supplemented or corrected in a one-off time on the spot or within five working days; in case of no such notification within the prescribed time limit, the application shall be deemed to have been accepted from the date of receipt of the application materials. If the application materials can be supplemented or corrected on the spot, the project developer shall be permitted to do then and there; and
5. if the application materials are complete and conform to the legal form, or the project developer has submitted all supplemented or corrected application materials as required, the MEE shall accept the application and issue an electric notice of acceptance; if it is required to keep confidential in accordance with state regulations or online acceptance does not apply otherwise, a paper notice of acceptance shall be issued.
Article 8 After accepting an environmental impact report (statement) for construction project submitted for approval, the MEE shall make public the environmental impact report (statement), the instructions to public participation, and the methods and channels for submission of public comments in accordance with the Measures for Public Participation in Environmental Impact Assessment. Each environmental impact report shall be open at least ten working days, and each environmental impact statement shall be open at least five working days.
Chapter III Technology Assessment and Review
Article 9 Where an environmental impact report (statement) for construction project whose examination and approval are under the responsibility of the MEE needs to go through a technology assessment, the MEE shall issue a letter of authorization within one working day upon acceptance of the application, authorizing a technology assessment agency to conduct technology assessment. If the application conforms to circumstances provided for in Article 5 hereof, the technology assessment agency shall provide guidance in advance as required by the MEE.
Article 10 Each authorized technology assessment agency shall, within the time limit set forth in the letter of authorization, submit a technology assessment report and be responsible for the conclusion thereof.
A technology assessment report shall include the following contents:
1. clear technology assessment conclusion;
2. quality problems in the environmental impact report (statement), and proposals; and
3. issues to be focused on at the time of examination and approval.
Technology assessment of an environmental impact report (statement) shall be completed within 30 working days; in case of particularly complicated circumstances, the MEE may appropriately extend the technology assessment period according to actual situations.
Article 11 The MEE shall examine an environmental impact report (statement) for construction project mainly from the following aspects:
1. whether the type, site, layout and scale, among others, of the construction project conform to the laws and regulations on protection of ecological environment and pertinent statutory planning and zoning; whether they follow the planning environment impact report and relevant review comments; and whether they meet the control requirements for regional ecological protection red line, environmental quality bottom line, and resource utilization upper line and ecological environment access list;
2. whether the ecological environment quality of the area where the construction project is located meets the requirements for corresponding environmental function zoning, the management requirements for regional environmental quality improvement objectives, and the requirements for control of the total discharge of regional key pollutants;
3.
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Order of the Ministry of Ecology and Environment No. 14
November 23, 2020
The Provisions of the Ministry of Ecology and Environment on the Examination and Approval Procedures for Environmental Impact Reports (Statements) for Construction Projects, which were deliberated and adopted at the ministerial meeting of the Ministry of Ecology and Environment on November 5, 2020, are hereby promulgated and shall come into effect as of January 1, 2021.
Huang Runqiu, Minister of the Ministry of Ecology and Environment
Provisions of the Ministry of Ecology and Environment on the Examination and Approval Procedures for Environmental Impact Reports (Statements) for Construction Projects
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the Administrative Licensing Law of the People's Republic of China, the Law of the People's Republic of China on Environmental Impact Assessment, the Administrative Regulations on Environmental Protection in Construction Projects, and ecological environment laws and regulations concerning marine environmental protection, radioactive pollution prevention and control, air pollution prevention and control, water pollution prevention and control with a view to regulating the examination and approval procedures of the Ministry of Ecology and Environment (“MEE”) for environmental impact reports and environmental impact statements (hereinafter referred to as “environmental impact reports (statements)”) for construction projects, improving the efficiency and service level of examination and approval, implementing and deepening the reform of “streamlining administration, delegating powers, improving regulation, and upgrading services”, optimizing the business environment, and safeguarding the legitimate rights and interests of citizens, legal persons and other organizations.
Article 2 These Provisions shall apply to the examination and approval of environmental impact reports (statements) for construction projects whose examination and approval are under the responsibility of the MEE.
Article 3 The MEE shall follow the principles of compliance with laws and regulations, scientific decision-making, openness, justice, convenience and efficiency in the examination and approval of environmental impact reports (statements) for construction projects.
Article 4 With respect to the construction projects for which the environmental impact reports (statements) shall be prepared in accordance with the law, the project developers shall submit the environmental impact reports (statements) to the MEE for examination and approval prior to the commencement of construction.
In case of significant changes in the nature, scale, site, adopted production technique or measures against pollution and ecological destruction concerning a construction project after the environmental impact report (statement) concerned is approved, the project developer shall submit the environmental impact report (statement) to the MEE again for further examination and approval prior to the commencement of construction of the significantly changed parts.
Article 5 With respect to the major infrastructure projects, civil engineering projects and national defense research and production projects which are determined by the State, the MEE may provide guidance in advance and proactive services on the basis of the information provided by the project developers, the entities preparing the environmental impact reports (statements) or relevant departments, so as to accelerate the progress of examination and approval.
Chapter II Application and Acceptance
Article 6 Where a project developer applies to the MEE for approving its environmental impact report (statement), except for the circumstances under which confidentiality is required by state regulations, it shall submit the following materials via the Government Service Hall of the Ministry of Ecology and Environment, the National Integrated Online Government Service Platform (website: http://zwfw. mee.gov.cn, hereinafter referred to as the “Government Service Hall”), and shall be responsible for the authenticity of such materials:
1. the Application for Approval of the Environmental Impact Report (Statement) for Construction Project;
2. the Environmental Impact Report (Statement) for Construction Project. If the Environmental Impact Report (Statement) contains state secrets, trade secrets or individual privacy, the project developer shall delete or conceal relevant information at its discretion or take differentiated measures; and
3. the Instructions to Public Participation in the Construction Project for which the Environmental Impact Report is prepared.
Besides the materials specified in the preceding paragraph, the project developer shall also submit to the MEE the paper versions of the following materials and a copy of mobile electronic storage devices such as CDs by mail or delivery by hand:
1. three copies of the full text of the Environmental Impact Report (Statement) for Construction Project;
2. three copies of the Instructions to Public Participation in the Construction Project for which the Environmental Impact Report is prepared; and
3. one copy of the explanatory material in case of deletion, concealment or otherwise disposal of certain contents that are not suitable for disclosure of the Environmental Impact Report (Statement) for Construction Project submitted online via the Government Service Hall.
With respect to the construction projects which shall be kept confidential in accordance with state regulations, the application materials shall be delivered by hand.
Article 7 The MEE may take measures as below for the application materials submitted by project developers under the following circumstances:
1. if it is unnecessary to prepare an environmental impact report (statement) in accordance with the law, the MEE shall notify the project developer of rejection immediately;
2. with respect to an environmental impact report (statement) which is not subject to the examination and approval of the MEE, the MEE shall reject the application and notify the project developer to apply to relevant authority;
3. if an environmental impact report (statement) is prepared by an entity or a person who is included in the list of rectification before deadline or the “black list” set forth in the Measures for the Supervision and Administration of the Preparation of Environmental Impact Reports (Statements) for Construction Projects, the MEE shall notify the project developer of rejection;
4. if the application materials are incomplete or do not conform to the legal form, the MEE shall notify the project developer of all contents to be supplemented or corrected in a one-off time on the spot or within five working days; in case of no such notification within the prescribed time limit, the application shall be deemed to have been accepted from the date of receipt of the application materials. If the application materials can be supplemented or corrected on the spot, the project developer shall be permitted to do then and there; and
5. if the application materials are complete and conform to the legal form, or the project developer has submitted all supplemented or corrected application materials as required, the MEE shall accept the application and issue an electric notice of acceptance; if it is required to keep confidential in accordance with state regulations or online acceptance does not apply otherwise, a paper notice of acceptance shall be issued.
Article 8 After accepting an environmental impact report (statement) for construction project submitted for approval, the MEE shall make public the environmental impact report (statement), the instructions to public participation, and the methods and channels for submission of public comments in accordance with the Measures for Public Participation in Environmental Impact Assessment. Each environmental impact report shall be open at least ten working days, and each environmental impact statement shall be open at least five working days.
Chapter III Technology Assessment and Review
Article 9 Where an environmental impact report (statement) for construction project whose examination and approval are under the responsibility of the MEE needs to go through a technology assessment, the MEE shall issue a letter of authorization within one working day upon acceptance of the application, authorizing a technology assessment agency to conduct technology assessment. If the application conforms to circumstances provided for in Article 5 hereof, the technology assessment agency shall provide guidance in advance as required by the MEE.
Article 10 Each authorized technology assessment agency shall, within the time limit set forth in the letter of authorization, submit a technology assessment report and be responsible for the conclusion thereof.
A technology assessment report shall include the following contents:
1. clear technology assessment conclusion;
2. quality problems in the environmental impact report (statement), and proposals; and
3. issues to be focused on at the time of examination and approval.
Technology assessment of an environmental impact report (statement) shall be completed within 30 working days; in case of particularly complicated circumstances, the MEE may appropriately extend the technology assessment period according to actual situations.
Article 11 The MEE shall examine an environmental impact report (statement) for construction project mainly from the following aspects:
1. whether the type, site, layout and scale, among others, of the construction project conform to the laws and regulations on protection of ecological environment and pertinent statutory planning and zoning; whether they follow the planning environment impact report and relevant review comments; and whether they meet the control requirements for regional ecological protection red line, environmental quality bottom line, and resource utilization upper line and ecological environment access list;
2. whether the ecological environment quality of the area where the construction project is located meets the requirements for corresponding environmental function zoning, the management requirements for regional environmental quality improvement objectives, and the requirements for control of the total discharge of regional key pollutants;
3.
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