Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Environmental Protection Law of the People's Republic of China (hereinafter referred to as the "Environmental Protection Law"), the Action Plan for the Prevention and Control of Air Pollution and the Action Plan for the Prevention and Control of Water Pollution in order to ensure the truthfulness and accuracy of environmental monitoring data and investigate and deal with the falsification of environmental monitoring data according to law.

article 2 definition of behavior the act of falsifying environmental monitoring data as mentioned in these measures refers to the act of deliberately violating the technical specifications for environmental monitoring, tampering, forging or instigating tampering or forging monitoring data.

article 3 scope of application these measures are applicable to the fraud involved in the following activities:

(1) environmental quality monitoring, pollution source monitoring and emergency monitoring carried out according to law;

(2) Environmental monitoring involved in supervision and law enforcement;

(3) Environmental monitoring services purchased by government departments;

(4) Environmental monitoring entrusted by government departments;

(5) Self-monitoring carried out by enterprises and institutions according to law or entrusted by third parties.

article 4 the environmental monitoring institutions, institutions engaged in the maintenance and operation of environmental monitoring equipment and their responsible persons are responsible for the authenticity and accuracy of monitoring data.

chapter ii investigation

article 5 the subject of investigation the competent department of environmental protection of the people's government at or above the county level is responsible for investigating and determining the falsification of environmental monitoring data. The automatic monitoring and management department of pollution sources shall, jointly with the environmental monitoring department, investigate and determine the fraudulent behavior of the automatic monitoring data of pollution sources.

article 6 supervision and inspection the competent departments of environmental protection at all levels shall regularly or irregularly organize the quality supervision and inspection of environmental monitoring.

article 7 intervention records the monitoring or operation and maintenance personnel shall truthfully record the acts of intervening in environmental monitoring activities and instigating tampering or forgery of environmental monitoring data. Otherwise, the consequences caused by fraud shall be borne by the environmental monitoring institution or the institution engaged in the maintenance and operation of environmental monitoring equipment, its directly responsible person and the directly responsible person in charge.

Article 8 Reporting Acceptance Any unit or individual has the right to report the falsification of environmental monitoring data. The competent department of environmental protection of the people's government at or above the county level shall accept the report that can provide basic factual clues or relevant certification materials and keep it confidential.

Article 9 If the competent department of environmental protection who files an investigation finds that the monitoring data is suspected of being fraudulent during the supervision and inspection, the investigators shall make a record of on-site inspection, and collect and fix relevant evidence; Those who accept the report shall promptly investigate and collect evidence, and those who meet the conditions for filing shall be handled in accordance with legal procedures.

Chapter III Handling

Article 11 General Penalties Environmental monitoring institutions and institutions engaged in the maintenance and operation of environmental monitoring equipment, which resort to deception in relevant environmental service activities and are responsible for environmental pollution and ecological damage, shall be jointly and severally liable with other persons responsible for environmental pollution and ecological damage in addition to being punished in accordance with laws and regulations.

article 11 if the staff of the competent environmental protection department of the people's government at or above the county level or the environmental monitoring agency affiliated to the functional department tamper with or forge the monitoring data, and the circumstances are minor and have no impact, they shall be given a warning; If the circumstances are serious, resulting in adverse effects, the environmental monitoring certificate of the person directly responsible shall be revoked, and he shall be ordered to be removed from his post, and the directly responsible person in charge and other directly responsible personnel shall be given demerit, gross demerit or demotion according to law; If serious consequences are caused, dismissal or dismissal shall be given. If any staff member of the environmental monitoring agency affiliated to other departments responsible for environmental protection supervision and management falsifies, forges or instigates to tamper with or forge monitoring data, they shall be transferred to their competent departments for punishment according to law.

article 12 enterprises, institutions and other producers and operators who tamper with or falsify monitoring data, which does not constitute a crime, shall be punished in accordance with relevant laws and regulations, and the competent department of environmental protection of the people's government at or above the county level shall transfer the case to the public security organ, and the directly responsible person in charge and other directly responsible personnel shall be detained for more than 11 days and less than 15 days. If the circumstances are relatively minor, they shall be detained for more than 5 days and less than 11 days.

article 13 if a service institution, social environmental monitoring institution and an institution engaged in the maintenance and operation of environmental monitoring equipment tamper with or falsify monitoring data or issue false monitoring reports, the environmental protection department responsible for investigating and handling the case will blacklist the institution and the personnel involved in fraud, and report to the environmental protection department at a higher level, prohibiting them from participating in government procurement of environmental monitoring services or projects entrusted by the government.

article 14 equipment manufacturers should have the function of preventing the products produced by monitoring instrument and equipment production institutions from modifying or forging monitoring data. if the monitoring instrument and equipment production institutions cooperate with the monitoring data to falsify, the environmental protection department responsible for investigation and punishment shall notify and publicize the manufacturers, sales organizations and their product lists.

article 15 notification and publicity the competent department of environmental protection of the people's government at or above the county level shall notify the falsification of environmental monitoring data and the relevant responsible persons, record them in the social credit file and announce them to the public in a timely manner.

Article 16 If tampering or forgery of monitoring data is found in the target assessment, the assessment results will be deemed as unqualified by lowering the level according to the seriousness of the circumstances. If the circumstances are serious, the competent department of environmental protection shall cancel the honorary title of environmental protection granted; Involving county ecological assessment, depending on the seriousness of the circumstances, it is suggested that the competent financial department of the State Council reduce or cancel the transfer payment of central financial funds in that year; Where the ranking of Air Pollution Prevention Action Plan and Water Pollution Prevention Action Plan is involved, the ranking shall be calculated based on the historical highest concentration value of the day or month respectively.

article 17 leading cadres party and government leading cadres instigate tampering or forgery of monitoring data, which shall be transferred to the organization department and the discipline inspection and supervision department by the competent environmental protection department of the people's government at a higher level for handling.

Chapter IV Supplementary Provisions

Article 18 Definitions of Terms The environmental monitoring data mentioned in these Measures refers to the original records, statistical results, comprehensive reports and other information of environmental monitoring obtained by manual or automatic monitoring in accordance with relevant technical specifications and regulations.

the term "environmental monitoring institutions" as mentioned in these measures refers to the environmental monitoring institutions affiliated to the competent environmental protection department of the people's government at or above the county level, the environmental monitoring institutions affiliated to other departments responsible for environmental protection supervision and management, and other social environmental monitoring institutions.

Article 19 Interpretation Department The competent department of environmental protection of the State Council shall be responsible for the interpretation of these Measures.