(Promulgated by the State Environmental Protection Administration on April 1, 1999)
1. Pursuant to the prescription of the State Council that the State Environmental Protection Administration shall be responsible for the establishment and implementation of the environmental protection qualification authentication system, this Rules is formulated for the purpose of strengthening the supervision and management of environmental product inspection agencies (hereinafter referred to as "the inspection agencies"), promoting their business buildup and regulating the qualification authentication of the agencies.
2. The State Environmental Protection Administration applies the qualification authentication system in the management of the inspection agencies, and is responsible for establishing policies and rules for qualification authentication, and conducts qualification examination and authentication of the units applying for inspection license.
Inspection agencies that obtain the qualification authentication will maintain their subordination relationship, and their environmental products inspection business shall be subject to the direction and supervision of the State Environmental Protection Administration.
3. Inspection agencies shall satisfy the following requirements:
(1) Being a legal person or branch of a legal person;
(2) Meeting conditions required by laws as an inspection agency;
(3) Being qualified to engage in the examination of environmental protection products, having established a complete quality management system, and meeting conditions specified in the Guidelines of Qualification Authentication of Environmental Protection Products Inspection Agencies.
4. A unit that applies for the qualification authentication shall obtain the Environmental Protection Products Inspection Agencies Authentication Application Form from the State Environmental Protection Administration, fill it in and return it together with the quality management handbook and relevant materials.
5. The State Environmental Protection Administration shall, within 45 days of receiving the Environmental Protection Products Inspection Agencies Authentication Application Form and relevant materials, examine and check the materials, and notify the applying unit whether it will accept the application.
6. The State Environmental Protection Administration shall, in accordance with the Guidelines of Qualification Authentication of Environmental Protection Products Inspection Agencies, organize experts to carry out examination and assessment of the inspection agency that applies for the qualification authentication.
7. The State Environmental Protection Administration shall approve the application of inspection agencies that pass the assessment and grant the agencies the qualification authentication certificate as environmental protection products inspection agency (hereinafter referred to as "the certificate") . The certificate includes the original and the duplicate copies. Contents of the certificate include name, address and authenticated business scope of the inspection agency, the term of validity and serial number of the certificate.
8. The term of validity of the certificate is three years. Inspection agencies that apply for extension of the certificate shall, within 90 days prior to the expiry of the certificate, apply to the State Environmental Protection Administration. The State Environmental Protection Administration shall carry out re-examination when it is necessary, and shall issue new certificates to inspection agencies that meets the Guidelines of Qualification Authentication of Environmental Protection Products Inspection Agencies. Qualification of those failing to apply before the certificate expires or failing to pass the reexamination shall be revoked, and the certificates withdrawn.
9. An inspection agency that have obtained the authentication shall:
(1) Abide by the laws and regulations of the state and rules of the State Environmental Protection Administration, and shall not engage in business activities beyond the authenticated scope in the name of inspection agency authenticated by the State Environmental Protection Administration;
(2) Keep confidential technological secrets of the inspected products, and shall not illegally seize scientific and technological results of others, and shall not engage in the development of the inspected products or provide external consulting service, and shall bear the economic losses resulting from its fault;
(3) Conduct the environmental products inspection work in an independent, fair, scientific and uncorrupted way, and shall be responsible for the inspection report that it provides, and shall not fabricate the inspection and experimental data or provide the false conclusions;
(4) Report their work once a year to the State Environmental Protection Administration. Content of the report shall include status quo of its organization and staff, work within the authenticated business scope, suggestions and advice. When major changes occur in its status, it shall promptly report;
(5) Suspend business activities within the authenticated scope and advertisement activities when the authenticated certificate is revoked or suspended; and
(6) Accurately and timely accomplish the business tasks entrusted by the State Environmental Protection Administration.
10. An inspection agency may apply to the State Environmental Protection Administration to terminate its authentication, and the termination will come into effect only when the State Environmental Protection Administration replies such an application.
11. Inspection agencies may collect inspection fees in inspection of products pursuant to provisions of the state. The standard of the inspection fees shall be filed to the local price administrative agency for the record.
12. Inspection agencies can use the authentication symbol only within the authenticated business scope; in publicizing its authenticated qualification, the inspection agency has the obligation to make clear its authenticated business scope to the inspected unit. The authentication symbol can be used on:
(1) The authentication certificate of the inspection agency;
(2) The inspection report and certificate it provides; and
(3) Documents and advertisement materials showing that it has obtained the authenticated qualification, such as the introduction to the agency, envelope and letter paper.
13. The State Environmental Protection Administration shall carry out irregular supervision and inspection of inspection agencies. The competent departments of environmental protection administration of the provinces, autonomous regions and municipalities directly under the Central Government where the inspection agencies are located shall cooperate with the State Environmental Protection Administration in the supervision and management of the inspection agencies.
14. In the following circumstances, the State Environmental Protection Administration shall suspend the authenticated certificate and symbol of the inspection agency, order it to put right the violation or revoke its certificate.
(1) Violating this Rules;
(2) Failing to meet the requirement of the Guidelines of Qualification Authentication of Environmental Protection Products Inspection Agencies in its work; or
(3) Refusing to undertake other relevant business tasks entrusted by the State Environmental Protection Administration for no proper reasons.
15. The qualification authentication certificate of inspection agencies shall be uniformly printed and issued by the State Environmental Protection Administration. The rules for implementation of this Provisions shall be formulated later.
16. This Provisions shall come into effect on the date of promulgation.
