According to the previous central government’s deployment for environmental protection work, it is necessary to develop the “Guiding Catalogue of Comprehensive Administrative Enforcement Matters for Ecological and Environmental Protection.” The goal is to resolutely eliminate unnecessary law enforcement activities, consolidate inspection tasks involving enterprises, effectively address the issue of redundant and overlapping enforcement by multiple agencies at different levels, and strictly enforce the law in a standardized, fair, and civilized manner.

In response, the Central Environmental Protection Inspection Group has also made a clear statement: It is strictly prohibited to adopt simplistic and heavy-handed measures—such as arbitrarily ordering emergency work stoppages, business closures, or production halts—in response to inspections, as well as perfunctory approaches like “shut everything down uniformly” or “stop first and figure it out later.” In particular, for industries or sectors that directly affect people’s livelihoods, we must handle matters with care, adopt differentiated strategies, and proceed in an orderly manner. We firmly prohibit the practice of “one-size-fits-all” solutions.

The notice recently issued by the General Office of the State Council will further clarify the responsibilities, rights, and authorities involved in environmental governance and enforcement inspections, ensuring that disharmonious phenomena detrimental to enterprise development become a thing of the past.

The notice is as follows:
Notice from the General Office of the State Council on Matters Relating to Comprehensive Administrative Law Enforcement for Ecological and Environmental Protection
National Office Document No. [2020] 18

People's Governments of all provinces, autonomous regions, and municipalities directly under the central government; all ministries and commissions of the State Council and their directly affiliated institutions:

The “Guiding Catalogue of Comprehensive Administrative Enforcement Matters for Ecological and Environmental Protection” (hereinafter referred to as the “Guiding Catalogue”) is an important document for implementing unified enforcement requirements for ecological and environmental protection and clarifying the functions of comprehensive administrative enforcement in this field. The 2020 edition of the “Guiding Catalogue” has already received preliminary approval from the State Council. In accordance with the relevant arrangements for deepening the reform of Party and state institutions, and with the approval of the State Council, we hereby notify you of the following matters:

First, the implementation of the “Guidance Catalog” shall be guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the CPC and the Second, Third, and Fourth Plenary Sessions of the 19th CPC Central Committee, and follow the decisions and deployments of the Party Central Committee and the State Council. Solidly advance the comprehensive administrative law enforcement reform for ecological and environmental protection, coordinate and allocate administrative law enforcement functions and resources, effectively address the issue of multiple agencies and levels conducting redundant enforcement, and ensure that law enforcement is strict, standardized, fair, and civilized.

II. The “Guidance Catalog” primarily identifies and standardizes administrative penalties and administrative enforcement measures established under laws and administrative regulations in the field of ecological and environmental protection, as well as administrative penalty measures such as warnings and fines stipulated in departmental rules. These measures will be dynamically adjusted according to established procedures. Provinces, autonomous regions, and municipalities directly under the central government may, based on changes in laws, administrative regulations, departmental rules, and local legislation, supplement, refine, and improve the Catalog, and establish mechanisms for dynamic adjustment and long-term management. After the relevant matters and catalogues have been reviewed and confirmed according to procedure, they shall be publicly disclosed in an appropriate manner on government portal websites and other platforms, and shall be subject to public oversight.
III. Effectively strengthen source-based governance of administrative penalties and administrative enforcement measures in the field of ecological and environmental protection. Any law enforcement activities without a legal, regulatory, or rule-based foundation shall be abolished. For law enforcement matters that need to be retained or newly added, each item must undergo a legality, reasonableness, and necessity review in accordance with the law. Although there is a statutory basis, enforcement actions that have not occurred for a long time and are neither necessary nor feasible—particularly those that are redundant and overlapping—should be vigorously streamlined, and timely proposals for their cancellation or adjustment should be submitted. For those laws, regulations, and rules that need to be amended, we must follow the proper procedures: first amend the laws and then adjust the "Guidance Catalogue," adopting a "first establish, then dismantle" approach and advancing in an orderly manner.

IV. For administrative enforcement matters listed in the “Guidance Catalog,” in accordance with the requirements of reducing the levels of enforcement and promoting the deployment of enforcement resources to lower administrative levels, we must differentiate among various matters and different management systems, clearly identify the primary responsible entities based on actual conditions, and firmly assign responsibility for investigating and handling illegal activities. We must uphold the principle that those who have power also bear responsibility, those who bear responsibility must step up to the plate, and those who fail to fulfill their responsibilities must be held accountable. We need to systematically clarify the specific responsibilities corresponding to each administrative enforcement authority, clearly define the responsible entities, the bases for accountability, the circumstances under which accountability will be pursued, and the grounds for exemption from liability, thereby establishing a sound accountability mechanism. It is strictly prohibited to shift enforcement responsibilities onto the grassroots level under the guise of local jurisdiction. Units and individuals that fail to fulfill their duties as required will be held accountable according to discipline and law.

V. In accordance with the principles of openness, transparency, efficiency, and the needs of performing duties, we will develop unified procedural guidelines and operational manuals for comprehensive administrative law enforcement in ecological and environmental protection. These documents will clearly specify the work procedures for enforcement matters, requirements for duty performance, processing deadlines, behavioral norms, and other relevant aspects. This will eliminate ambiguous provisions in administrative law enforcement, reduce discretionary powers, and promote consistent penalties and non-discriminatory enforcement for identical circumstances and similar cases. We will integrate ecological and environmental protection administrative enforcement matters into a unified management system under local comprehensive administrative law enforcement command and dispatch platforms, actively promoting the “Internet + Unified Command + Comprehensive Enforcement” model. We will strengthen inter-departmental coordination and collaboration, gradually achieve online recording of the entire process—including administrative enforcement actions, procedures, and outcomes—and enhance oversight over the exercise of administrative enforcement powers.

Six, in accordance with the principles of highlighting key areas and pursuing practical results, we will focus on administrative enforcement matters in the field of ecological and environmental protection that are most closely related to market entities and the public. We will make concerted efforts to address the most pressing and strongly reported issues, ensuring that market entities and the public can truly feel the benefits of reform. We will formulate clear and easy-to-understand requirements for administrative enforcement duties, along with corresponding accountability measures, and step up publicity efforts so that market entities and the public can readily understand and effectively utilize these guidelines, making it convenient for them to access, apply, and monitor compliance. In light of the current situation and tasks in ecological and environmental protection as well as the specific characteristics of enforcement activities, we will explore and develop quantifiable, comprehensive assessment methods for administrative enforcement performance, using these methods as an important basis for the coordinated use and optimized allocation of staffing resources. We will also ensure smooth channels for receiving complaints, tracking their progress, and obtaining feedback on outcomes, and encourage and support market entities, the public, social organizations, and news media to exercise oversight over administrative enforcement actions.

VII. All regions and departments must attach great importance to deepening the reform of comprehensive administrative law enforcement for ecological and environmental protection, fully implementing the reform requirements of clarifying powers, reducing powers, exercising checks and balances on power, and publicly disclosing power. They should coordinate and promote institutional reform, functional transformation, and style-of-work building in a holistic manner. It is essential to strengthen organizational leadership, assign clear responsibilities, specify timeframes and requirements, and carry out all tasks meticulously and effectively to ensure that the reform measures are implemented and take effect. The Ministry of Ecology and Environment shall enhance its business guidance to local ecological and environmental authorities, promote the refinement of enforcement procedures, strictly enforce accountability, strengthen enforcement oversight, and continuously improve the efficiency of comprehensive administrative law enforcement for ecological and environmental protection as well as the level of law-based administration. The Central Organization and Establishment Commission, together with the Ministry of Justice, shall strengthen overall coordination, guidance, and quality control.
The “Guidance Catalog” is issued by the Ministry of Ecology and Environment in accordance with the spirit of this notice.

General Office of the State Council

February 28, 2020

Since the launch of the central environmental inspection efforts, many enterprises have been talking... Environmental protection “takes on a new hue,” leaving people in a state of anxiety. The inspections, which have been ongoing for many years, have effectively cracked down on various types of environmental violations—but indeed... It has led to quite a bit of “one-size-fits-all” behavior!
 

On November 15, 2019, Li Ganjie, Secretary of the Party Leadership Group and Minister of the Ministry of Ecology and Environment, delivered a speech at the Symposium on Supporting and Promoting Green Development of Private Enterprises. He pointed out:

Ecological and environmental protection efforts must be carried out strictly in accordance with the law and regulations. Under no circumstances should we pursue short-term gratification, nor should we become overly theoretical or idealistic. As long as we do a good job in complying with laws, regulations, and standards, we can win the battle against pollution and achieve our goals and tasks. Although there’s still much that needs to be done, we can put some of it on hold—for now—until it rises to the level of legal and regulatory standards. After all, these issues haven’t accumulated in a day or two, and resolving them certainly won’t happen overnight.

The immediate priority is to ensure that we effectively implement the tasks assigned to us by existing laws, regulations, and standards. If we identify other matters that truly need to be addressed, we should first revise and improve the relevant laws, regulations, and standards. The same principle applies to enterprises: complying with laws and regulations is not only a social responsibility that enterprises must fulfill, but also conducive to their own sustainable development. Otherwise, such an approach would be unsustainable—leading neither to smooth progress nor to long-term success, and ultimately resulting in poor performance. Everyone must recognize this point.

In the field of ecological and environmental protection The “one-size-fits-all” approach and simplistic, heavy-handed measures are typical manifestations of formalism and bureaucratic practices. We have always taken a clear and firm stance against these practices, resolutely opposing them and strictly prohibiting them. Whenever we detect such cases, we will impose severe punishments without the slightest tolerance. The so-called “one-size-fits-all” approach and simplistic, heavy-handed measures mainly fall into two categories.
The first scenario is They don’t take any action in normal times but act wildly when the pressure mounts; they ignore everything in everyday life, and as soon as inspections or supervision arrive, they immediately halt all activities and then start making excuses. Once the inspection team leaves, things quickly return to the way they were—and in the process, no distinction is made among different situations: whether standards are exceeded or met, or whether an issue is closely related to people’s livelihoods or not. This approach is utterly unacceptable. Efforts to protect the ecological environment must be focused on day-to-day work.

The second scenario is failing to provide a reasonable timeframe for corrective action. Some issues are legacy problems that have accumulated over time, and addressing them also takes time. It’s essential to allow sufficient time for resolution. For example, if certain enterprises fail to meet emission standards for pollutants, they should be given adequate time to make the necessary adjustments and achieve compliance—whether it’s one month, three months, six months, or even longer, as long as the enterprise takes action. After all, taking action—even if it’s gradual—is always better than doing nothing at all.

Of course, we also hope that enterprises will realize that granting a period for rectification does not mean the ecological and environmental authorities have no requirements for you at all—on the contrary, there are indeed requirements. If, by the agreed-upon deadline, the issues remain unresolved, you can’t blame us then. In that case, it would no longer be a “one-size-fits-all” approach or a simplistic, heavy-handed solution. I’d like to make these points clear to everyone, foster mutual understanding, and work together to get things done right.
Source | China Government Network, Ministry of Ecology and Environment