The Ministry of Ecology and Environment issued the departmental regulations ＂Provisions on the Procedures for Examination and Approval of Environmental Impact Reports (Tables) of Construction Projects
Recently, the Ministry of Ecology and Environment issued the departmental regulation "Provisions on the Examination and Approval Procedures for the Environmental Impact Report (Table) of Construction Projects of the Ministry of Ecology and Environment" (Order No.14 of the Ministry of Ecology and Environment, hereinafter referred to as "Provisions on the Examination and Approval Procedures"), in order to implement the requirements of amending relevant laws and regulations, improving the modernization of environmental governance capacity, implementing the "streamline administration, delegate power, strengthen regulation and improve services" reform and optimizing the business environment work deployment of the CPC Central Committee and the State Council, and optimizing and revising the original examination and approval procedures.
In the process of revising the Regulations on Examination and Approval Procedures, the Ministry of Ecology and Environment held several seminars to solicit opinions from relevant units and industry associations in accordance with the requirements of departmental rules and regulations, and publicly solicited opinions from the society, and widely and fully absorbed and adopted the opinions of all parties.
The following contents are mainly revised.
The first is to modify the frame structure. The original six chapters are merged into five chapters, including general provisions, application and acceptance, technical evaluation and review, approval and announcement, and supplementary provisions, with a total of 21 articles. The specific requirements of technical evaluation are further clarified.
The second is to further clarify the scope of implementation. Limited to the construction projects approved by the Ministry of Ecology and Environment, including general construction projects, marine engineering projects and nuclear and radiation projects.
Third, in the general rules and application, delete the contents that are not suitable for the new Environmental Impact Assessment Law of the People’s Republic of China, Regulations on Environmental Protection Management of Construction Projects and streamline administration, delegate power, strengthen regulation and improve services reform requirements, including deleting the environmental impact registration form that does not need to be approved, the main contents of reports (tables) that are duplicate with laws and regulations, the preconditions for EIA approval, and the EIA qualification management that is cancelled according to law.
The fourth is to strictly control. In the stage of technical evaluation and review, if it is found that there are quality problems in unauthorized construction and environmental impact report (table) during the review, the relevant statements of punishment will be transferred to the relevant construction units and individuals. In the stage of approval and announcement, the expression of "five disapproval" that does not conform to Article 11 of the Regulations on Environmental Protection Management of Construction Projects is added.
The fifth is to strengthen services. In the general rules, the requirements of the Ministry of Ecology and Environment and technical evaluation institutions to take the initiative to serve and speed up the review have been added. In the application and acceptance stage, the acceptance requirements of the environmental impact report (form) of the construction project are simplified and clarified, and the "Internet+government service" is implemented, and it is clear that the acceptance of the application for approval of the construction project is mainly based on online acceptance, and it is not approved in person. In the stage of technical evaluation and review, the statement that the construction unit can withdraw the report (form), review and technical evaluation shall not be charged is added.
Sixth, in the by-laws, for the examination and approval of the notification commitment system, the provisions that can separately formulate management requirements are added, so as to reserve space for subsequent reforms.
The revised Regulations on Examination and Approval Procedures will help standardize the examination and approval procedures, improve the examination and approval efficiency and service level, and protect the legitimate rights and interests of citizens, legal persons and other organizations. The Provisions on Examination and Approval Procedures will be implemented on January 1, 2021.