Measures for the administration of enterprise environmental information disclosure according to law

Yan Gang, vice president of the Environmental Planning Institute of the Ministry of Ecology and Environment, said at a recent press conference that the disclosure of environmental information according to law is the social responsibility of enterprises, an important basis for eliminating market failure and social supervision out of focus caused by information asymmetry, and also a common practice for implementing corporate environmental responsibility internationally. It is understood that the European Union, the United States and other countries have established corporate environmental information disclosure systems. From the implementation effect, it has strengthened the environmental awareness of enterprises, promoted the green transformation and development, and enhanced the autonomy and enthusiasm of greenhouse gas and pollutant emission reduction. The international requirements for environmental information disclosure mainly focus on environmental protection, securities and public enterprise management. In the field of environmental protection, qualified enterprises are required to disclose information on the manufacture, processing, application and emission of toxic and harmful substances. In the field of securities supervision, listed companies are required to disclose environmental information that has a significant impact on financial information, generally including the impact of environmental factors on the company's costs and benefits, environmental administrative or judicial proceedings, competitiveness and other information. In the field of public management, the EU requires large enterprises and public interest entities (credit institutions, insurance companies, etc.). ) disclose relevant information such as policies, performance and risks adopted in the environmental field. China's "Administrative Measures for the Legal Disclosure of Enterprise Environmental Information" defines the subject of disclosure, focusing on enterprises with great environmental impact and high public concern. This method requires key pollutant discharge units, enterprises that implement mandatory cleaner production audits, listed companies that meet the prescribed conditions, and debt-issuing enterprises to disclose environmental information according to law.

The company shall, in accordance with the relevant information disclosure rules of the China Securities Regulatory Commission, prepare a prospectus or other information disclosure documents for issuing preferred shares, and fulfill its information disclosure obligations according to law. The relevant information disclosure procedures and requirements of listed companies refer to the Measures for the Administration of Securities Issuance of Listed Companies, the Detailed Rules for the Implementation of Non-public Issuance of Shares by Listed Companies and relevant regulatory guidelines. Information disclosure procedures and requirements for non-public offering of preferred shares by unlisted public companies refer to the Measures for the Supervision and Administration of Unlisted Public Companies and relevant regulatory guidelines.

Legal basis: Article 2 of the Environmental Protection Law of People's Republic of China (PRC) These Measures are applicable to enterprises' legal disclosure of environmental information and their supervision and management activities.

Article 3 The Ministry of Ecology and Environment shall be responsible for the organization, guidance, supervision and management of national environmental information disclosure according to law.

The local competent department of ecological environment at or above the municipal level is responsible for the organization, implementation, supervision and management of environmental information disclosure in this administrative region according to law.

Article 4 Enterprises are responsible subjects for the disclosure of environmental information according to law.