Recently, the revised environmental impact assessment (eia) law was officially announced and implemented. One of the concerns of * is the cancellation of eia qualification.
If you think that the cancellation of the eia qualification means that the eia management has been relaxed and that any enterprise or institution can engage in eia work, you are mistaken.
"Daily economic news" reporter learns *, recently, the environment ministry issued the construction project environmental impact report (table) guide for the construction of ability, the construction project environmental impact report (table) preparation of dishonest ACTS scoring method "(hereinafter referred to as the" scoring method "), the construction project environmental impact report (table) preparation of regulatory measures (hereinafter referred to as the "management method") three draft, is dishonest ACTS, supervision and management of the eia report, such as qualification of institutions and individuals for advice.
Relaxed eia management?
In order to deepen the reform of the examination and approval system, the executive meeting of the state council has studied the proposal to cancel the administrative licensing of "eia agency qualification certification", and submitted the proposal to the standing committee of the National People's Congress to amend the relevant laws in accordance with the legal procedures.
Eia method to modify the focus of the gathered in article 19, the original article 19 of the eia method, commissioned to provide technical services for the construction project environmental impact assessment institution, shall be tested and approved by the competent administrative department for environmental protection under the state council after examination, issue the certificate of qualification, qualification certificates in accordance with the provisions of the hierarchy and the evaluation scope, is engaged in the environmental impact assessment services, and shall be responsible for the evaluation conclusion.
The competent department of environmental protection administration under the state council shall formulate the qualifications and administrative measures of the institutions providing technical services for the environmental impact assessment of construction projects.
After modification, this part is changed to: the construction unit may entrust the technical unit to carry out environmental impact assessment on its construction project, and compile the environmental impact report and environmental impact report form of the construction project;
If the construction unit has the technical capacity for environmental impact assessment, it may conduct environmental impact assessment on its own construction projects and prepare the environmental impact statement and environmental impact statement of the construction project.
Does this mean that the management of eia has been relaxed so that any enterprise or institution can engage in eia work?
That is not the case.
A more stringent top-level design of industry management is under way
A new and tougher top management design for the eia industry is under way, the national business daily has learned.
On the eve of the new eia law's implementation, the ministry of environment held a meeting on December 18, 2018, to discuss the regulation of the eia industry after the cancellation of the eia qualification, a person familiar with the matter told national business daily.
At the same time, the environment ministry issued the construction project environmental impact report (table) guide for the construction of ability, the construction project environmental impact report (table) preparation of dishonest ACTS scoring method ", "construction project environmental impact report (table) preparation of supervision and management measures of three draft, is to ask for some advice.
According to the compilation instructions of the administrative measures, after the cancellation of qualification, there will no longer be an entry threshold for the compilation unit of the environmental impact statement (eia), which can be prepared by the construction unit with technical capacity or the technical institution entrusted by it.
In order to ensure that the quality of eia documents does not decline after the cancellation of qualification, and the role of eia in preventing environmental pollution and ecological damage does not decrease, it is necessary to reform the existing system and formulate corresponding management measures according to the new situation and requirements.
No units of the four categories shall prepare environmental impact reports
The national business daily noted that the administrative measures require that the technical units entrusted to compile environmental impact reports (eia) for the construction units should be legal persons registered in accordance with the law or legal persons of public institutions in the nuclear industry, aviation and aerospace industries.
The construction units compiled by themselves shall have the status of independent legal persons.
The preparation unit shall not have any interest relationship with the competent department of ecological environment or other relevant examination and approval departments responsible for the examination and approval of environmental impact reports (tables).
At the same time, the administrative measures stipulate that four types of units shall not prepare environmental impact reports (tables).
An enterprise legal person funded by the competent department in charge of examining and approving the environmental impact statement (form) as a competent business unit or a social organization affiliated to the unit;
An enterprise legal person entrusted by the competent authority responsible for examining and approving the environmental impact statement (form) to carry out the technical assessment of the environmental impact statement (form);
An enterprise as a legal person contributed by an enterprise as a legal person in the preceding three items.
The staff should meet one of the two conditions, that is, having the professional qualification of eia engineer;
At least 5 years of professional and technical title in research or engineering * and at least 10 years of experience in environmental impact assessment.
Those constituting criminal ACTS may be banned for life
In addition to the requirements for establishment units and personnel, the administrative measures have very strict provisions on "illegal situations" and have formulated severe punishment measures.
The illegal behaviors include six categories: the data of basic materials, such as important environmental protection targets and main environmental quality status monitoring data, are obviously untrue;
There are obvious errors or falsehoods in the calculation of the main pollution source strength, the main evaluation factors and the environmental impact prediction of important environmental protection targets.
Failing to take necessary measures to prevent and control environmental pollution, ecological damage or environmental risks, or failing to take measures to prevent and control pollution so that the discharge of pollutants fails to meet the national or local discharge standards;
Failing to put forward effective prevention and control measures against the original environmental pollution and ecological damage of reconstruction, expansion or technical renovation projects;
The type of construction project and its site selection, layout and scale obviously do not conform to environmental protection laws and regulations and relevant statutory planning, but the conclusion of environmental feasibility is given;
The circumstances specified in article 17 of these measures, or other major defects, omissions or falseness exist in the contents, which result in improper site selection or line selection of the construction project, wrong conclusion of the environmental impact assessment or serious environmental pollution or ecological destruction of the construction project.
Article 17 of the measures also lists omissions or inaccurate descriptions of environmental protection targets.
The environmental impact assessment work grade or the environmental standard application error and so on 11 kinds of circulates the criticism situation.
"Management method" regulation, one of the six kinds of serious quality problems, more than by the municipal department in charge of the ecological environment of the construction unit be fined 500000 yuan and 2 million yuan, and the construction unit of the legal representative, principal, the directly responsible person in charge, staff or other responsible, be fined 50000 yuan and 200000 yuan;
The technical unit shall not, within five years, engage in the preparation of environmental impact reports (tables). If the circumstances are serious, it shall be forbidden to engage in the preparation of environmental impact reports (tables).
The persons in charge and the principal persons in charge of the compilation of the environmental impact reports (tables) shall not engage in the compilation of the environmental impact reports (tables) for five years.
Establish a "blacklist" for dishonest environmental impact assessment
The measures also put forward that the competent department of ecological environment should carry out the credit management of environmental impact assessment on the construction unit, technical unit and staff (hereinafter referred to as credit management objects), and record the dishonest behaviors and points on the credit platform in a timely manner to make it public.
If a credit management object accumulatively breaks the credit score within a natural year and reaches the limit score, the ministry of ecological environment shall put it on the "blacklist" of broken credit in environmental impact assessment.
The limit points specified in the scoring method shall be 20 points for the accumulated annual points for breach of trust.
According to the scoring system, dishonesty scores range from 3 to 5, 7 to 20, and cheating in public information or supervision will be directly punished with 20 points.