【Note】Since March 1, 2016, the Ministry of Environmental Protection no longer requires project developers to submit acceptance reports

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This post was last edited by slll611 on 2016-3-3 at 10:51. News: Recently, the Polaris Energy Conservation and Environmental Protection Network learned that the Ministry of Environmental Protection issued a notice regarding matters related to the commissioning of reports on environmental protection inspections and monitoring after the completion of construction projects. According to this notice, in line with the requirements set out in the “Decision of the State Council on the First Batch of Measures to Rationalize 89 Intermediary Services Related to Administrative Approval by State Council Departments” (Guo Fa [2015] No. 58), as of March 1, 2016, construction units will no longer be required to submit such reports. Instead, the Ministry of Environmental Protection will commission relevant professional institutions to carry out these inspections and monitoring tasks, with the necessary funds covered by the financial budget. The full text of the notice is as follows: Notice on Matters Related to the Commissioning of Reports on Environmental Protection Inspections and Monitoring after the Completion of Construction Projects, Huan Ban Huan Ping No. 16. To all relevant parties: In accordance with the requirements of the “Decision of the State Council on the First Batch of Measures to Rationalize 89 Intermediary Services Related to Administrative Approval by State Council Departments” (Guo Fa [2015] No. 58), as of March 1, 2016, construction units will no longer be required to submit reports on environmental protection inspections and monitoring after the completion of construction projects. Instead, the Ministry of Environmental Protection will commission relevant professional institutions to handle these tasks, with the associated costs covered by the financial budget. To ensure proper handling of these matters, the relevant details are notified as follows: 1. After the completion of a construction project, the project owner shall submit an application for inspection or monitoring to the Ministry of Environmental Protection, along with a report on the compliance with the \"three simultaneities\" principle regarding environmental protection in that project, as well as proof of the disclosure of relevant information. Construction projects that primarily involve ecological impacts, such as those in the fields of agriculture, forestry, water resources, transportation, mining, and social infrastructure (hereinafter referred to as ecological projects), apply for acceptance inspections. Construction projects primarily focused on emitting pollutants (hereinafter referred to as pollution-related projects) apply for acceptance monitoring. II. The Ministry of Environmental Protection has entrusted the Environmental Engineering Assessment Center of the Ministry of Environmental Protection and the China National Environmental Monitoring Centre (hereinafter referred to as the technical review agencies) with the task of conducting preliminary reviews of the application materials for ecological projects and pollution-related projects. The main aspects examined include whether the application materials are complete and in compliance with relevant standards, whether there have been any significant changes to the construction project, whether the procedures required for environmental impact assessment updates have been followed, whether the key environmental protection measures have been implemented, and whether relevant information has been made public. III. The technical review unit shall complete the preliminary review within five working days, determine the acceptance investigation unit or acceptance monitoring unit, and estimate the required operational funds. The acceptance investigation units are determined in order of receipt, based on the industry category of the construction project, from among the units registered for acceptance investigation; the acceptance monitoring units are selected accordingly from among the units registered for acceptance monitoring, according to the administrative region where the construction project is located. The environmental impact assessment agency responsible for a construction project shall not undertake the acceptance investigation for the same project. IV. After accepting the commission, the acceptance investigation unit or acceptance monitoring unit shall sign a work contract and carry out the acceptance investigation or acceptance monitoring in accordance with the provisions of the contract. It is prohibited to subcontract or subdivide the work, to conceal facts, or to provide false materials or fabricate data. The management and use of funds for entrusted tasks shall be carried out in accordance with the current regulations regarding special financial funds. V. During the acceptance investigation or acceptance monitoring, the project owner shall actively cooperate with the agencies conducting such investigations or monitoring, and provide truthful information regarding the implementation of the environmental protection requirements related to the \"three simultaneities\" for the construction project. VI. The acceptance investigation unit or acceptance monitoring unit shall carry out its work in accordance with the technical specifications for acceptance investigation or acceptance monitoring. Except for particularly major, sensitive, and complex projects, the acceptance investigation report or acceptance monitoring report should generally be completed within three months from the date of acceptance of the assignment. The acceptance investigation report or acceptance monitoring report must comprehensively and objectively reflect the construction status of the project as well as the implementation of environmental protection measures, and provide clear conclusions and recommendations. VII. The technical review agency conducts a technical review of the acceptance investigation report or acceptance monitoring report, evaluates the quality of the reports, forms technical review opinions, and submits them to the Ministry of Environmental Protection within 20 working days, while also sending copies to the project owner, the unit responsible for the investigation, or the unit responsible for the monitoring. The technical review opinion should clarify whether the construction project meets the acceptance criteria, and whether the quality of the acceptance investigation report or acceptance monitoring report meets the requirements of the technical specifications. 8. For construction projects that meet the acceptance criteria, the Ministry of Environmental Protection notifies the project owner to formally submit an application for environmental protection acceptance upon completion; for those that do not meet the criteria, the project owner is instructed to make the necessary corrections in accordance with the technical review recommendations. 9. If the construction unit fails to cooperate, resulting in the inability to carry out the acceptance investigation or acceptance monitoring properly, or if it provides inaccurate information, the Ministry of Environmental Protection will suspend the commissioning of such investigations or monitoring, and the construction unit shall bear the legal consequences arising therefrom. If the technical review agencies and relevant personnel illegally accept consultation fees, evaluation fees, or expert fees, they will be dealt with according to the severity of the offense. If the acceptance investigation unit or acceptance monitoring unit commits any of the following acts, it will be removed from the list, the commission contract will be terminated, and the allocated funds will be recovered. (1) Refusing to undertake the acceptance investigation or acceptance monitoring work without proper reasons; (2) Failing to submit the acceptance investigation report or acceptance monitoring report within the specified time limit; (3) The conclusions contained in the acceptance investigation report or acceptance monitoring report being inaccurate, or the quality being rated as substandard 2 times (or more) within one year; (4) Collecting fees from the project owner in violation of regulations. Attachments: 1. List of entities responsible for acceptance investigations and acceptance monitoring; 2. Reference standards for estimating the costs associated with commissioning such investigations and monitoring. Issued by the Office of the Ministry of Environmental Protection on February 26, 2016