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Guidelines on Information Disclosure for Ministry of Environmental Protection
2008-05-07
Article type: Translated

This Guideline is developed for the purpose of better carrying out the work of government information disclosure, providing convenience to citizens, legal person and other organizations (hereinafter referred to as the applicant) for obtaining government information in accordance with the Regulation on Disclosure of Government Information and Measures for the Disclosure of Environmental Information (for trial implementation) (hereinafter referred to as the Measures).

I. Actively Disclosed Government Information
1.Scope of Disclosure
For the scope of government information that is actively disclosed to the public, please refer to the Catalogue of Environmental Information for Disclosure and Guidelines for Handling Related Affairs compiled by Ministry of Environmental Protection (MEP). The applicant can also log onto the website of MEP for this document.
2.Forms of Disclosure
The following disclosure forms are mainly adopted for actively disclosed government information:
a.The official website of MEP (www.mep.gov.cn);
b.The Administrative Service Room (located at the east gate of the office building of MEP);
c.China Environment News.

II. Major Content of Actively Disclosed Government Information
MEP is to actively disclose the following information to the public:
1.Laws, regulations, rules, standards and other normative documents on environmental protection;
2.Environmental protection planning;
3.State of environmental quality;
4.Environmental statistics and environmental investigation information;
5.Information regarding the emergency response plan, forecast, occurrence and handling of contingent environmental incidents;
6.Information of the allocation and implementation of the total discharge volume limit of major pollutants, the issuance of pollution discharge permit and quantitative checkup results over comprehensive treatment of urban environment;
7.Information on the types, volume and disposal situation of solid wastes in big and medium-sized cities;
8.Information of the handling of Environmental Impact Assessment (EIA) Report of construction projects, the examination results of EIA reports handled and the results of environmental protection checkup for acceptance upon the completion of construction projects as well as the project, legal foundation, conditions, procedures and results of other environmental protection administrative permits;
9.Information of the projects, legal foundation and procedures for the charging of pollution discharge fee, the amount of pollution discharge fee payable by the discharging units, the amount actually collected and the amount of fee reduction, exemption and suspension;
10.Information of the projects, legal foundation, standards and procedures of administrative charges regarding environmental protection;
11.Information of verified cases and handling results of complaints against polluting enterprises or environmental problems;
12.Information of administrative punishment, administrative reconsideration, administrative proceedings and the enforcement of administrative measures;
13.List of heavily-polluting enterprises with pollution discharge exceeding relevant national or local standards or with total pollution discharge volume exceeding the total discharge control index certified by local government;
14.List of enterprises subject to major and serious environmental pollution accidents or incidents and list of enterprises refusing to implement effective decision on administrative punishment on environmental protection;
15.Examination results over the establishment of NMCEP;
16.Information regarding the institutional setup, work responsibilities and contact methods of environmental protection departments;
17.Other environmental information required to be disclosed by relevant laws, regulations and rules.

The following administrative information is exempt from disclosure:
1.Information classified as state secret;
2.Information classified as business secret or the disclosure of which may lead to the divulgence of business secret;
3.Information classified as privacy or the disclosure of which may lead to unjust infringement of privacy;
4.Information of issues under investigation, discussion or handling except for those otherwise stipulated in relevant laws, regulations and other parts of this Guidelines;
5.Information relevant to administrative enforcement and the disclosure of which may affect enforcement activities such as inspection, investigation and evidence collection or may pose threat to personal safety;
6.Other information exempt from disclosure as stipulated in relevant laws and regulations;
For the specific information, please refer to the Catalogue of Environmental Information for Disclosure compiled by MEP. The time limit for active disclosure of the above information is within 20 work days starting from the generation or change of the information. Should other stipulation regarding time limit for disclosure be made, the designated time limit shall prevail.

III. Issues Relating to Information Disclosure upon Application
1. Unit Handling the Application
MEP formally starts the handling of application for disclosure of environmental information from May 1, 2008 with the specific handling unit of Administrative Service Room of MEP. The specific address is East Gate of Ministry of Environmental Protection with the office hour of 8:00-11:30 and 11:30-17:00 (except for public holidays).
Tel: (010) 66556089
Fax:
Mail Address: 115, Xizhimennei Nanxiaojie, Xicheng District, Beijing
Postal Code: 100035
Email Address: zwgk@mep.gov.cn

2. Lodging Application
The applicant can lodge written application by filling in the Application Form for Information Disclosure. The Form can be drawn at the application handling unit with copied forms also effective. The e-version of the Form can also be downloaded from the website of MEP at www.mep.gov.cn. The applicants can also fill in the e-version of the Form and then submit it via email box of MEP. Should the applicant have difficulties in submitting written application, he or she can lodge an oral request for application and ask the staff to fill in the Form for him or her, and the applicant can consult for the application procedures by dialing the abovementioned phone number.
a.Lodging application on the Internet
The applicant can fill in the e-version of the Form at the website of MEP and then send the Form to the designated address via email.
b.Lodging a written application
The applicant should mark the words "application for environmental information disclosure" on the left bottom of the envelop for lodging application by letter and mark the words of "application for environmental information disclosure" for lodging application by fax.

3. Content of Application
a.Name or title and contact method of the applicant;
b.Description of governmental information with the application for disclosure;
c.Format requirements over governmental information with application for disclosure;
d.Relevant certificates on the special need for production, domestic or scientific research purpose of use of the applicant for the governmental information with application for disclosure.

4. Handling of Application
MEP will register the application upon receipt of the Application Form for Information Disclosure and make the following reply within 15 work days starting from the date of registration:
a.Notifying the applicant of ways and channels of getting access to the environmental information classified as having been disclosed;
b.Disclosing the environmental information classified as eligible for disclosure but not being disclosed yet within 10 work days according to related provisions and notifying the applicant of ways and channels of getting access to the information;
c.Notifying the applicant of reasons for non-disclosure of information classified as exempt for disclosure;
d.Notifying the applicant of the competent department having the requested information and their contact method should the information falls beyond the working scope of MEP;
e.Notifying the applicant should the governmental information with application for disclosure do not exist;
f.Notifying the applicant of making correction or supplementation should the application contents be not clear enough.

5. Items and Standards for Fees Charged for Information Provided by Governmental Department
If the governmental information is provided via the media of paper, disk or CD upon application, the enquiry fee will be charged as per the number of articled provided; the fee for cost of the paper, disk or CD needed for necessary duplication, printing, CD writing and copying of the application material will be charged; and the fee for submitting the application material by mail or by express delivery will be charged as per national fee standards. The provision of disclosed environmental information to the applicant via other means demanding fee charging can only be made upon approval.

The fee charging for the cost of duplication, mailing or express delivery of environmental information that are actively disclosed incurred upon the request of the applicant can make reference to the above fee charging standards. Should the applicant apply for fee reduction or exemption, relevant certificate should be provided on the occasion.

IV. Method and Procedures for Supervision
Any citizen, legal person or other organizations can file complaint to relevant supervision department should they find that MEP fails to fulfill its lawful obligation on governmental information disclosure.
Phone for complaint: (010) 66556039
Email address: zwgktousu@mep.gov.cn

Besides, any citizen, legal person or other organizations can also seek resolution to the complaint matter by reporting it to relevant supervision department through legal means.

Annex I: Application Form for Information Disclosure

Annex II: Catalogue of Environmental Information for Disclosure (First Batch)


 

Catalogue of Environmental Information for Disclosure (First Batch)

 

Basic Information of the Organ

Organ Information

1 information of organizational function

2 organizational information

Organ Management

1 institutional setup of MEP

2 setup of regional offices of MEP

3 setup of affiliated institutions of MEP

4 setup of affiliated social organizations of MEP

Policy and Regulation

Environmental Protection Laws

1 comprehensive laws and regulations on environmental protection

2 laws and regulations on pollution prevention and control

3 laws and regulations on eco-conservation

4 laws and regulations on nuclear and radiation safety

5 other laws and regulations on environmental protection

Regulations and Policies on Water Pollution Prevention and Control

1 regulations and policies on water pollution prevention and control

Regulations and Policies on Air Pollution Prevention and Control

1 regulations and policies on air pollution prevention and control

Regulations and Policies on Prevention and Control of Pollution Caused by Solid Waste and Toxic Chemicals

1 regulations and policies on prevention and control of pollution caused by solid waste and toxic chemicals

Regulations and Policies on Marine Environmental Protection

1 regulations and policies on marine environmental protection

Regulations and Policies on Urban Environmental Protection

1 regulations and policies on urban environmental Protection

Regulations and Policies on Industrial Pollution Prevention and Control

1 regulations and policies on industrial pollution prevention and control

Regulations and Policies on the Control of Total Pollution Discharge Volume

1 regulations and policies on the control of total pollution discharge volume

Regulations and Policies on Rural Environmental Protection

1 regulations on rural environmental protection

Regulations and Policies on Soil Environmental Protection

1 regulations on soil environmental protection

2 policies on soil environmental protection

Policies and Regulations on the Management of Nature Reserves

1 policies and regulations on the management of nature reserves

Regulations and Policies on Nuclear and Radiation Safety

1 regulations and policies on nuclear and radiation safety

Environmental Strategies and Policies

1 environmental strategies and policies

Environmental Economic Policies

1 environmental economic policies

Information on Administrative Reconsideration

1 statistics of case details

Environmental Administrative Punishment

1 paper of decision on administrative punishment

2 paper of decision on administrative enforcement

3 paper of application to the court for legal enforcement

Environmental Impact Assessment (EIA)

EIA and the Management of Checkup for Acceptance for Construction Projects

1 information of construction project

2 information of examination for approval of construction project

3 information of checkup for acceptance of construction project

Management of EIA on Planning

1 examination of EIA on planning

2 technical support for EIA on planning

Qualification and Human Resource Management for EIA of Construction Projects

1 information of the management of EIA certificate for construction project

2 information of the qualification examination of EIA for construction project

3 information of the management of EIA post certificate

4 information ofthe registration and management of the qualification of EIA engineer

Pollution Control

Information og National Model City for Environmental Protection (NMCEP)

1 checkup standard for NMCEP

2 measures for the administration of NMCEP

3 results on the establishment of NMCEP

4 popularization and media coverage on NMCEP

Information of Checkup over Comprehensive Treatment of Urban Environment

1 contents of checkup over comprehensive treatment of urban environment

2 comprehensive treatment of urban environmentcheckup method

3 checkup over comprehensive treatment of urban environment results

4 report on the checkup over comprehensive treatment of urban environment

Approval on the format of Pollution Discharge Standard

1 approval on the format of pollution discharge standard

Examination on the Adoption of Environmental Protection Measures in Production

1 examination on the adoption of environmental protection measures in production

Information of National Environment-friendly Enterprises

1 provisions on the establishment, examination and implementation of national environment-friendly enterprises

2 results on the establishment of national environment-friendly enterprises

3 popularization and news coverage of national environment-friendly enterprises

Conservation of Eco-environment

Integrated Conservation of Eco-environment

1 planning and policies on the conservation of eco-environment

2 eco-environmental supervision over development of natural resources

3 ecological demonstrational work in rural areas

4 other comprehensive eco-environmental conservation works

Regional Eco-environmental Conservation

1 eco-environmental quality assessment

2 national eco-function zoning

3 eco-functional protected zones

Supervision and Management of Nature Reserves

1 nationwide situation on nature reserves

Applicable Technologies for Environmental Protection in Rural Areas

1 applicable technologies for environmental protection in rural areas

Restoration of Polluted Soil

1 restoration of polluted soil

Management of Organic Food Base

1 evaluation standard on state organic food base

2 catalogue of state organic food bases

Management of Biological Safety

1 management over the safety of GMO

2 management over environmental safety of alien invasive species

3 management over the environmental safety of microorganism used in environmental protection

Protection of Biodiversity

1 regulations and planning on the protection of biodiversity

2 inspection over the protection of biodiversity

3 implementation of the Convention on Biological Diversity

4 inter-ministerial joint meeting system

Nuclear and Radiation Safety

Management over the Safety Permit of Nuclear Facilities for Civilian Use

1 information of the paper for examination results on plant siting

2 information of construction permit

3 information of the approval letter for first batch of loading

4 information of operation permit

5 information of the approval letter for retirement

6 information of the license of the operator

Investigation and Handling of Accidents of Nuclear Facilities for Civilian Use

1 information of the investigation and handling of accidents of nuclear facilities for civilian use

Information of the Safety Supervision of Nuclear Facilities for Civilian Use

1 information of safety supervision of nuclear power plant

2 information of safety supervision of the reactor for research

3 information of the supervision of recycling facility of nuclear fuel

Information of Supervision on Nuclear Safety Equipment for Civilian Use

1 information of supervision on nuclear safety equipment

Information of the Safety Supervision of Radioactive Isotope and Ray

1 management over the examination for import and export of radioactive isotope

2 examination and approval management of radiation safety permit

Information of the EIA of Nuclear and Radiation Facilities for Civilian Use

1 information of the construction projects of nuclear and radiation facilities for civilian use

2 information of the construction unit of nuclear and radiation facilities for civilian use

3 information of the examination for approval of construction projects of nuclear and radiation facilities for civilian use

4 information of the checkup for acceptance of construction projects of nuclear and radiation facilities for civilian use

Information of the Investigation and Handling of Safety Complaint, Accidents and Pollution Disputes over Nuclear and Radiation

1 information of the investigation and handling of complaints, accidents and pollution disputes over nuclear and radiation

Information of the Registration Management of Business Qualification of Certified Nuclear Safety Engineers

1 information of the test for business qualification and implementation of relevant systems for certified nuclear safety engineers

Yearbook of State Nuclear Safety Administration

1 Yearbook of State Nuclear Safety Administration

Environmental Supervision and Enforcement

Application and Fee Charging for Pollution Discharge

1 management of application for pollution discharge

2 management of fee charging for pollution discharge

Complaints on Environmental Pollution

1 complaint by phone

2 complaint by letter

3 complaint through the Internet

Environmental Law Enforcement

1 cases being put on list for supervised rectification

2 information of law enforcement

3 decision on administrative punishment to environmental law-breaking enterprises

4 dynamic information of contingent environmental incidents

5 information of pilot eco-environmental supervision

Supervision over Eco-environment

1 environmental supervision in rural areas

2 environmental supervision in mining areas

3 environmental supervision on nature reserves

Environmental Quality and Monitoring

Environmental Quality and Monitoring

1 Report on the State of the Environment of China

2 Report on the State of Offshore Sea Areas of China

3 Report on Nationwide Environmental Quality

4 Yearbook on Environmental Statistics

5 weekly report on the water quality of bathing beach

6 monthly report on the quality of nationwide surface water

7 weekly report on the automatic monitoring results of water quality of key sections of major watersheds nationwide

8 daily air quality forecast of key environmental protection cities of China

9 yearly report on the monitoring results of radiation environment

10 quarterly report on the monitoring results of radiation environment

Environmental Planning and Statistics

Environmental Planning

1 National Environmental Protection Planning

2 Special Environmental Protection Planning

3 Mid and Long-term Environmental Planning

4 capacity building planning

5 water environment planning

6 atmospheric environment planning

7 planning on the prevention and control of pollution caused by solid wastes

8 eco-environment planning

9 environmental protection planning in rural areas

10 planning on the prevention and control of nuclear and radiation pollution

Environmental Statistics

1 Report on National Environmental Statistics

2 China Environmental Statistical Year-report

3 Report on the State of the Environment of China

Environmental S&T Standards

Information of the Management of Environmental Protection S&T Projects

1 special S&T project on environmental protection for public welfare sector

2 national S&T supporting plan

3 special S&T projects on water

4 other projects

National Environmental Protection Lab and Engineering and Technological Center

1National Environmental Protection Lab

2 National Environmental Protection Engineering and Technological Center

Environmental S&T Awards

1 environmental S&T awards

Environmental Science Popularization

1 environmental science popularization

Environmental Satellite

1 environmental satellite

Examination for approval on the Operation Qualification of Environmental Protection Facilities

1 information of the result on examination for approval of the operation qualification of environmental protection facilities (notification)

2 information of the result on approval of the operation qualification of environmental protection facilities (notice)

Policy on Governmental Green Procurement

1 policy on governmental green procurement

Information of State Eco-industrial Demonstrational Parks

1 measures for administration

2 results of establishment

3 information notification

4 popularization and news coverage

Best Available Technologies on Pollution Prevention and Control

1 best available technologies on pollution prevention and control

Information of Environmental Protection Standards

1 standards and technical specifications on environmental protection in rural areas

2 standards and technical specifications on soil

3 standards on the prevention and control of water pollution

4 standards on the prevention and control of air pollution

5 standards on the prevention and control of pollution caused by solid wastes and toxic chemicals

6 standards on the protection of marine environment

7 standards on the protection of urban environment

8 standards on the prevention and control of industrial pollution

9 standards on the control of total pollution discharge volume

10 standards on nuclear and radiation safety

Administrative System and Human Resource Management

Rules and Regulations on Administrative System and Human Resource Management

1 measures on the administration of institutional setup

2 measures on the selection and appointment of officials

3 measures on the appraisal of officials

4 measures on the supervision of officials

5 measures on the reform of personnel system for officials

Examination and Recruitment of Officials

1 plan on the examination, recruitment and competition for job posts of civil servants

2 open selection

3 personnel appointment and removal

Human Resource Management

1 training of officials

2 human resource development

3 management of business or professional qualification

4 administrative award and management

5 assessment of technical posts

Environmental Communication and Education

Environmental News

1 general news

2 information of news release

Environmental Communication and Education

1 guiding document for nationwide environmental communication and education works

2 environmental communication

3 public participation

Professional Training

1 training of environmental journalists

2 planning and organization of environmental news communication activities

Environmental News Coverage

1 China Forum of Environmental Journalists

2 China Environment Yearbook (English Edition)

International Cooperation on Environmental Protection

The Montreal Protocol on Substances that Deplete the Ozone Layer

1 information of controlled ODS

2 annual controlling targets of controlled ODS

3 policies and regulations releases in the name of MEP or jointly released by multiple ministries

4 catalogue of substituting technologies and substances

5 Catalogue of Controlled ODS in Import and Export of China

6 Stockholm Convention on Persistent Organic Pollutants

Stockholm Convention on Persistent Organic Pollutants (POPs)

1 information of controlled substances of POPs

2 National Implementation Plan of the Stockholm Convention on Persistent Organic Pollutants of the People¡¯s Republic of China (Simplified Edition)

3 Standardized Toolkit for Inventory Estimation of Dioxin

4 Guidelines on Best Available Techniques/Best Environmental Practice

Implementation of the Convention on Nuclear Safety

1 implementation of the Convention on Nuclear Safety

2 implementation progress of the Convention on Nuclear Safety

Implementation of the Joint Convention on the Safety of Spent Fuel Management and Radioactive Waste Management

1 Joint Convention on the Safety of Spent Fuel Management and Radioactive Waste Management

2 the implementation progress of the Joint Convention on the Safety of Spent Fuel Management and Radioactive Waste Management

(This English version is for your reference only.In case any discrepancy exists between the Chinese and English context, the Chinese version shall prevail.)
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