Source: Ministry of Ecology and Environment
Announcement on Cancellation of Relevant Work Requirements for Environmental Impact Assessment of Qualification Administrative Licensing for Construction Projects (Provisional)
The Decision of the Standing Committee of the National People's Congress on Amending the Seven Laws of the Labor Law of the People's Republic of China (No. 24 of the President's Order of the People's Republic of China) was promulgated on December 29, 2018, for the Chinese people. The Republic’s Environmental Impact Assessment Law was amended to cancel the administrative licensing of environmental impact assessment for construction projects. The Ministry is in the process of formulating the supporting measures for the construction project environmental impact report (form) (hereinafter referred to as the “Environmental Impact Report (Form)â€) and other supporting documents, which will be open to the public in the near future. opinion. Before the relevant documents are officially issued, in order to maintain the environmental impact assessment technical service market order, ensure the quality of the environmental impact report (table) preparation, and standardize the environmental impact report (table) preparation behavior, the relevant work requirements are announced as follows.
1. Since the date of promulgation of this announcement, the “Measures for the Administration of Environmental Impact Assessment of Construction Projects†(Order No. 36 of the Ministry of Environmental Protection, hereinafter referred to as Order No. 36) has ceased to be implemented; “On the Issuance of Qualification Management Measures for Environmental Impact Assessment of Construction Projects†The Announcement of the Supporting Documents (No. 67 of the Ministry of Environmental Protection Announcement 2015) will be abolished. Since December 29, 2018, our department has no longer accepted the application for environmental impact assessment of construction projects. The applications that have been accepted but have not yet been reviewed are no longer reviewed. The information management system for environmental impact assessment engineers of our department is no longer If the application materials are received again and the application materials have been received but the registration number has not been issued, they will not be issued.
2. The construction unit may entrust the technical unit to prepare an environmental impact report (table) for it; if the construction unit has the corresponding technical capabilities, it may also prepare its own environmental impact report (table). The preparation unit shall be an independent legal person and have a unified social credit code; the technical unit that accepts the commission to prepare an environmental impact report (table) for the construction unit shall temporarily be an enterprise legal person registered according to law or a public enterprise in the nuclear industry or aviation and aerospace industry. Legal person. The following units may not prepare environmental impact reports (tables).
(1) An enterprise legal person funded by a public institution established by the ecological environment department;
(2) An enterprise legal person funded by the ecological environment department as the business supervisory unit or the social organization of the affiliated unit;
(3) An enterprise legal person entrusted by the ecological environment department to carry out technical assessment of the environmental impact report (table);
(4) The enterprise legal person contributed by the enterprise legal person in the first three items.
3. The environmental impact report (table) shall be the full-time staff member who has obtained the professional qualification of the environmental impact assessment engineer from the preparation unit as the preparation moderator and the main compiler.
4. The environmental impact report (table) shall be accompanied by a table of preparation units and compilers. See the attachment for the content and format. The construction unit, the preparation unit and relevant personnel shall stamp or sign the corresponding position of the situation sheet.
5. The construction unit shall be responsible for the contents and conclusions of the environmental impact report (form); the technical unit that accepts the entrusted preparation of the environmental impact report (table) shall bear corresponding responsibility for its prepared environmental impact report (table).
6. If the construction unit entrusts a technical unit to prepare an environmental impact report (form), it shall entrust a technical unit to preside over the preparation. The rights, obligations, responsibilities and charges between the technical unit and the entrusted technical unit shall be agreed upon in the form of a contract.
7. The construction unit shall timely archive the environmental impact report (form) and its approval documents. The unit that prepares the environmental impact report (table) shall establish a complete archive of the preparation work, which shall include, but is not limited to, the environmental impact report (form) and its approval documents, on-site survey records and image data, quality audit and control records; The monitoring of environmental quality status, scientific testing, environmental quality monitoring reports, and test reports shall be filed together. Where the construction unit entrusts a technical unit to prepare an environmental impact report (table), both parties shall also file the entrustment contract separately.
8. The ecological and environmental departments at all levels shall, before December 29, 2018, decide on the rectification of the relevant units or personnel in accordance with Decree No. 36 and shall not decide as the preparation moderator or the main compiler within three years, but the corresponding period is not full. Processing decision continues to execute.
9. In the process of accepting and approving environmental impact reports (tables), the eco-environment departments at all levels shall strengthen the assessment of the preparation of the environmental impact report (table) and the quality of the preparation, and timely conduct the preparation of the units and the staff. Spot check. For environmental impact reports (tables) that do not comply with the provisions of Articles 2 to 4 of this announcement, the construction unit shall be required to correct or correct the application; the environment in which there is a situation as stipulated in Article 11 of the Regulations on Environmental Protection Management of Construction Projects The impact report (form) shall not be approved; if the environmental impact report (form) exists in the circumstances as stipulated in Articles 28 and 32 of the Environmental Impact Assessment Law of the People's Republic of China, the relevant units shall be The personnel shall be dealt with seriously; if the compiling unit and the main compilers do not meet the requirements of Articles 2 and 3 of this announcement and the corresponding time limit as stipulated in Article 8, they shall be credited to the “blacklist†of integrity and open to the public; If the construction unit and the preparation unit do not meet the requirements stipulated in Articles 6 and 7 of this announcement, they shall be notified and criticized and recorded in the integrity file and disclosed to the public.
Annex: Table of Compilation Units and Compilers
Ministry of Ecology and Environment
January 19, 2019
The Office of the Ministry of Ecology and Environment is issued on January 21, 2019.
annex
Compilation unit and compiler status table
Editor in charge: Ge Hongyan
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