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    Home > Coatings News > Paints and Coatings Market > Ministry of Ecological Environment: Opinions on severely punishing fraud and improving the quality of EIA (draft for comments)

    Ministry of Ecological Environment: Opinions on severely punishing fraud and improving the quality of EIA (draft for comments)

    • Last Update: 2020-10-19
    • Source: Internet
    • Author: User
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    Recently, the Ministry of Ecological Environment issued the Opinions on Severe punishment of fraud to improve the quality of EIA (draft for comments). The full text of
    is as follows: Opinions on severely punishing fraud and improving the quality of EIA (draft for comments) EIA is the legal guarantee that restricts the environmental access of projects and parks, is the first line of defense in the development of green water and green mountains, and has played an important role in the coordinated promotion of high-quality economic development and high-level protection of the ecological environment.
    But the ecological environment departments at all levels in the supervision also found that the problem of EIA fraud is still unsculable, strong social response, exposing some construction units the main responsibility is not implemented, heavy form through the field, some EIA units of poor sense of responsibility, low level of ability, as well as some local customs clearance and supervision is not in place, seriously damaged the credibility and effectiveness of the EIA system.
    EIA quality is the "lifeline" of EIA work, in order to seriously investigate and punish fraud in the field of EIA, strengthen the traceability mechanism and accountability system, further improve the quality of EIA, play a preventive role at the source, formulate this opinion.
    , the field of EIA typical fraud (i) EIA document plagiarism.
    Mainly includes the environmental assessment document (this article refers specifically to the environmental impact report (table), the project construction site, the main project and its production process, as well as the environmental status survey, forecast evaluation results, environmental protection measures, etc. appear obviously not related to the project content or requirements;
    (ii) key omissions.
    Mainly includes the EIA document concealing the actual start of the project, omitting environmental protection objectives such as nature reserves, drinking water source protection areas or areas with residential, medical and health care, and cultural education as the main functions, and failure to carry out survey and evaluation of the status quo of the main environmental elements related to the construction project, environmental factors or environmental risk prediction and evaluation.
    (iii) The data conclusions are false.
    Mainly includes the use of false environmental status monitoring, survey data, or hazardous waste identification results, or fabrication, tampering with relevant data, important evaluation parameters;
    the implementation of important standards, resulting in incorrect evaluation conclusions, the type of construction projects and their location, layout, scale, etc. obviously do not comply with environmental protection laws and regulations, still give feasible conclusions on environmental impact.
    (iv) work procedure error.
    Mainly includes the construction unit not organizing public participation in fabricating the contents of public participation out of secret, or tampering with the actual public participation in the investigation results; the relevant unit intentionally tampers with or conceals the type and scale of construction of the project in order to reduce the type of EIA documents or the evaluation work level; and the EIA document preparation host, the main preparer does not actually participate, or forges signatures, seals and other EIA work information false.
    , the implementation of the relevant unit responsibility to ensure the quality of EIA (5) highlight the main responsibility of the construction unit.
    construction units shall organize and carry out EIA work in accordance with the law before the project starts, and shall be responsible for the contents and conclusions of EIA documents.
    When entrusting technical units to prepare EIA documents, they may refer to the relevant assessment results of EIA credit platform and ecological environment departments, select EIA units with good credit and strong technical ability, and clarify the quality requirements of EIA documents in the contract.
    in the process of EIA, we should truthfully provide relevant basic information, strengthen organizational management, grasp the progress of EIA work, consult the information and archives of EIA documents, and review the contents and conclusions of EIA documents.
    units shall jointly study and formulate ecological environment protection measures with EIA units, and implement environmental protection inputs and sources of funding.
    to the preparation of environmental impact reports, public participation in EIA should be carried out as required and be accountable for the authenticity and results of public participation.
    (vi) strengthen the direct responsibility of EIA units.
    the EIA unit shall bear the corresponding responsibility for the contents and conclusions of the EIA document.
    should establish a quality control system covering the whole process and form a complete file of traceable preparation work.
    shall examine the technical reports, data, etc. provided by the relevant units.
    to ensure that the contents of the EIA document are true, objective, comprehensive and standardized, and to truthfully reflect the EIA conclusions to the construction units.
    the preparation of the host should organize on-site survey, the whole process of organization to participate in the preparation of EIA documents, and strengthen overall coordination.
    (7) to implement the responsibility of the examination and approval department.
    examination and approval departments should promote the standardization of EE approval, clarify and strictly abide by the decision-making procedures for examination and approval, strengthen the disclosure of information and encourage social supervision.
    the process of acceptance, the EIA documents for approval shall be prepared for normative inspection.
    In the process of examination and approval, the quality inspection shall be carried out, the basic information shall be obviously unreal, the contents are seriously defective, omitted or false, or the conclusion of the environmental impact assessment is incorrect or unreasonable, shall not be approved, and shall be promptly handed over to the ecological environment law enforcement departments, with the cooperation of investigation and punishment, and shall not conceal or harbour them.
    personnel should enhance quality awareness and business ability, timely grasp of E-review approval policies and requirements, strengthen the approval clearance.
    (viii) clarify the responsibility for the review of the technical assessment unit.
    Technical assessment units and experts should carry out technical examination work in strict accordance with the requirements of procedures and norms, and should report to the examination and approval department in a timely manner after discovering serious quality problems such as EIA fraud, sort out the clues to the problem, and put forward the basis and recommendations for handling the problem according to the situation and severity.
    to improve the ecological environment departments at all levels of expert pool connectivity, sharing.
    experts should be selected reasonably, and the experts with interests should be avoided.
    experts should work independently, scientifically and impartially in assessing the assessment, and the expert opinions should be signed and signed for examination.
    , strengthen EIA quality supervision and accountability (9) to strengthen supervision.
    environmental impact report published by the construction unit, if there are complaints and reports, the ecological environment departments at all levels shall be included in the scope of supervision.
    encourage all sectors of the community to report EIA fraud through "12369", letters and visits to report.
    promote the automatic online check-up of big data, and carry out timely intelligent audit of EIA documents approved in various places.
    The ecological environment departments at the municipal level and above carry out normal review and spot checks on EIA documents, incorporate EIA documents approved by the same or lower administrative examination and approval departments into supervision, and conduct spot checks on the quality management of EIA units, in principle, not less than 2 times a year.
    the relevant work of the administrative region should be carried out, especially the investigation and prosecution of typical cases of fraud, and promptly reported to the Ministry of Ecological Environment.
    (10) improve the traceability mechanism.
    Establish and improve the responsibility traceability mechanism and working procedures in accordance with the law, to find the problem of EIA fraud, to clarify the EIA document preparation, evaluation, approval process, and the relevant responsible units and responsible persons in each link, determine the legal compliance of the work procedures, clear the relevant units and personnel due diligence, the responsible units and personnel to implement the "double penalty system."
    (11) to improve the investigation and prosecution mechanism.
    ecological environment departments at all levels should improve the mechanism for the transfer of clues and the investigation and prosecution of cases.
    the establishment of ecological environment departments and administrative examination and approval departments, higher-level business departments and lower-level examination and approval departments, as well as cross-provincial and municipal joint working mechanisms, found that the EIA fraud issues handed over in a timely manner.
    ecological environment law enforcement departments should file cases in a timely manner, investigate cases, fix evidence, investigate and deal with them in accordance with the law, and make the results of the process public.
    strengthen the link between administrative law enforcement and criminal justice, suspected of crimes, handed over to the judicial organs to investigate criminal responsibility in accordance with the law.
    To the EIA fraud problem frequently, repeatedly prohibited more than, weak investigation and punishment of the place, according to the situation to take notification, interviews, regional restrictions and other measures, the outstanding problems can be included in the scope of ecological environment protection inspectors, and the relevant personnel accountability.
    (12) shall be severely punished in accordance with the law.
    municipal and above ecological environment departments to the EIA fraud should always maintain "zero tolerance", severe investigation and punishment, found together, investigated together, exposed together.
    If the EIA documents are false, the construction units and their legal representatives, principal persons in charge, persons in charge directly responsible and other persons directly responsible shall be punished according to law and exposed to the public;
    If the EIA unit responsible for the fraud of the EIA documents and the preparation of the host and the main preparer shall be punished and disciplined according to law, such as fines, prohibition of employment, non-credit scoring, inclusion in the "black list", etc., which constitute a crime, criminal responsibility shall be investigated in accordance with the law.
    If the EIA fraud is approved, the original examination and approval department shall revoke the approval in accordance with the law;
    (13) strengthen credit supervision.
    the quality problems and other acts of disresement found in the supervision and inspection, the ecological environment departments at the municipal level and above shall score points on the credit platform in a timely manner.
    Relying on the environmental impact assessment credit platform, the national EIA trustworthy "red list", the deadline for rectification and failure of trust "black list" situation, the full implementation of "a loss of trust, national openness" and "multiple misreliance, national restrictions" of the cross-regional EIA credit failure punishment mechanism.
    To conduct spot checks on EIA units and personnel who establish integrity files on credit platforms, focusing on units that have interests with the approval department and cannot independently assume legal responsibility, and regularly clean up the relevant information of units and personnel that have neither professional or technical personnel nor carry out EIA business on the credit platform.
    , work security (14) to strengthen the construction of information technology.
    ecological environment departments at all levels should actively use information technology to carry out daily management and improve management efficiency.
    to promote the national construction project EIA unified declaration and approval system, improve the EIA approval information network report quality.
    provinces with certain information ability should actively interface with the intelligent review system of the Ministry of Ecological Environment to promote the inspection and quality inspection of EIA documents before approval, and connect with the EIA credit platform to realize the connectivity of EIA document preparation information and approval information.
    (15th) to enhance the team's ability.
    and municipal ecological environment departments should take into account the professional and quality requirements of EIA work, reasonably implement hierarchical management, strengthen team building and personnel training, and continuously enhance the ability of EIA approval and evaluation at the grass-roots level.
    departments at the municipal level and above should take the initiative to strengthen the operational guidance of the administrative examination and approval departments at the same level and at the lower levels.
    encourage local governments to upgrade their technical assessment capabilities through government purchase of services, and encourage assessment units at all levels to provide technical support to the grass-roots E ASSESSMENT approval departments.
    (16) regulate the order of the industry.
    advocates that EIA units independently disclose the scope of EIA services and service standards, implement clear mark-up prices, consciously resist malicious competition, market monopoly, beyond technical capacity to undertake EIA business and other acts, purify the EIA market.
    support industry associations and other organizations to hold regular forums, lectures and other activities to guide and help EIA units and personnel to improve their ability level, strengthen industry self-discipline and supervision.
    (17) to strengthen publicity and guidance.
    ecological environment departments at all levels should make the EIA fraud investigation and prosecution timely disclosure, focus on the exposure of typical cases, strengthen the warning and deterrence.
    the same time, set a positive example, give full play to the advantages of EIA units, complete major projects EIA to give positive publicity, improve the level of competence and professional honor of practitioners, improve the quality of EIA documents.
    ecological environment departments at all levels should strengthen the quality supervision of EIA and crack down on fraud as the key tasks in the current and future period, and strengthen leadership coordination and organization and implementation.
    the promotion of the work, the provincial ecological environment departments shall promptly report the progress of the relevant work in the administrative region, the typical cases of fraud investigated and dealt with, as well as good practices and good experience, and the Ministry of Ecological Environment will carry out regular dispatch and notification.
    .
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