From Oct 17th to 26th, the Chinese Ministry of Environmental Protection (MEP) successively published the consultation drafts of 4 supporting documents of the newly revised Environmental Protection Law which is scheduled to come into force from Jan 1, 2015. The 4 documents are:
1. Interim Environmental Protection Measures for Continuous Daily Punitive Actions (Click to download)
Article 59 of the new Law establishes a specific monetary penalty that can be imposed on a continuous daily basis without any cap on the total amount. This document stipulates the applicable conditions of the daily fines, the implementation procedures and calculation of the penalty. Violations can be punished under a numerous different criteria at the same time.
2. Interim Measures for the Enforcement of Production Shutdown and Seizure (Click to download)
In accordance with Article 25 of the new Law, administrations of environmental protection have the power to shut down a production sites that violate environmental protection standards and/or seize relevant assets. To prevent misuse of such power Article 68 sets a strict accountability system. This document provides detailed guidance for law enforcement officers in terms of the scope, applicable conditions and implementation procedures.
3. Interim Measures for the Restriction and Suspension of Production for Rectification relating to Environmental Protection (Click to download)
It is required by Article 60 of the new Law that chemical enterprises exceeding the total amount or limitation standard of environmental pollution are subject to production restriction, suspension or shutdown. Violations are subject to punitive measures of varying degrees. The applicable conditions of the different rectifications is specified in this document, as well as details regarding the investigation, collection of evidence, executive approval, decision, rectification, termination of the punishment, post-supervision, etc.
4. Interim Measures for the Disclosure of Environmental Information by Enterprises and Institutions (Click to download)
This document was formulated according to the new Law and the “Cleaner Production Law”, with a view to protect citizens’ and other legal bodies’ right to access environmental information, and to encourage public engagement in environmental protection activities. The document gives answers to 4 questions including “who should disclose information”, “what should be disclosed”, ”how to disclose the information” and “how to supervise”. The document balances peoples’ right to know and industry’s capacity to fully disclose such information.
Hopefully the final versions will be printed and issued by the end of this year just in time to support the implementation of the new Law.
