Interim Measures on Freedom of Environmental Information in China

Interim Measures on Freedom of Environmental Information in China was published on 20 April 2007 and it will go into effect on 1 May 2008.

Environmental information includes the information concerning environment generated or held by governments and enterprises.

Citizens, legal persons and other organizations have a right to request environmental information generated or held by governments. Government agencies must respond to the requesters within 15 working days of receiving requests. The time period can be extended, but the extension is only 15 working days in maximum.

These Measures require government agencies concerning environmental protection to proactively disclose much information to the public, such as laws and regulations, situations concerning emergencies, environmental statistics and investigations. Information directories are also required to compile.

Environmental protection agencies must not disclose environmental information regarding state secrets, commercial secrets and privacy.

The country encourages enterprises proactively disclose environmental information generated or held by them. Environmental protection agencies can award those enterprises which proactive disclose their information perfectly.

Environmental protection agencies should publish their annual reports about Freedom of Environmental Information prior to 31 March annually.

Citizens, legal persons and other organizations may ask for administrative reconsiderations or lawsuits if they believe that the concrete administrative behavior of environmental protection agencies regarding Freedom of Environmental Information has infringed their lawful rights and interests.

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