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New changes in the 2019 EIA: barriers to entry have become a thing of the past, with strong regulatory shock waves



2019环评新变化:准入门槛成过去式 蓄势强监管冲击波

In the eyes of many people in the industry, since the implementation of the EIA system marked by the "Environmental Impact Assessment Law" in 2003, the problems of the entire EIA system have been hotly discussed by all parties. In addition, the treatment of fixed industrial pollution sources, which is currently under the normal state of the new economy, is imminent, and strengthening the environmental impact assessment reform has become the meaning of the question.

The EIA that gradually returned to the "threshold" ushered in fundamental changes.

In accordance with the requirements of the State Council to promote the reform of streamlining administration, delegating power, combining decentralization, and optimizing service, the market management method of the environmental impact assessment industry ushered in innovation. According to reports from authoritative media a few days ago, the newly revised "Environmental Impact Assessment Law" was officially announced and implemented, and one of the biggest concerns was the cancellation of the EIA qualification. Among them, the focus of the revision of the EIA Law is on Article 19, “If the construction unit possesses the technical capability of environmental impact assessment, it can carry out environmental impact assessment on its construction projects by itself, and compile construction project environmental impact reports and environmental impact report forms.”

"The construction unit may entrust a technical unit to carry out environmental impact assessment of its construction project, and prepare the construction project environmental impact report and environmental impact report form." That is, after the qualification is cancelled, the environmental impact report (form) preparation unit will no longer be set The entry threshold can be compiled by construction units with technical capabilities or technical institutions entrusted by them. In fact, this is just a microcosm of the frequent reforms of the EIA in recent years. Does this mean that the EIA management is relaxed, and any enterprise or institution can engage in EIA work? According to the records of the data center of China Environmental Impact Assessment Network, most of these institutions are enterprises, and there are also institutions in the nuclear industry, aviation and aerospace industries. , Issued and reviewed by the Ministry of Ecology and Environment.

The project has not moved, and the environmental impact assessment takes the lead. It is well known that conducting an environmental impact assessment before construction projects and planning starts is the first "gate" to protect the environment. As an important technical support for the effective implementation of the EIA system, EIA technical services are directly related to the effectiveness of approval decisions. However, in the eyes of many people in the industry, the examination and approval of the environmental impact registration form not only takes up a large amount of administrative resources of the environmental protection department, but also increases the administrative examination and approval costs of construction projects. At the same time, EIA and EIA approvals in some places are "willing" to "fail while benefiting".

The "Environmental Assessment Law" implemented in 2003, its legislation aims to implement sustainable development strategies, prevent adverse impacts on the environment after the implementation of planning and construction projects, and promote the coordinated development of economy, society and the environment. But at the same time, legislative loopholes such as "stuck with approval to eat environmental protection, wearing red tops to make money", and "environmental assessment deteriorating" are increasingly exposed. To this end, the 2016 Environmental Impact Assessment Law has implemented the goal of reducing environmental pollution from the source by weakening the administrative approval requirements for project environmental impact assessment, strengthening planning environmental impact assessment, and increasing penalties. At the same time, increasing the penalties for building without approval, canceling the pre-approval and simplifying the approval of the EIA were also new highlights in the EIA reform at that time.

To put it simply, after the EIA Law was revised two years ago, corresponding penalties were listed for construction units, technical units, and preparation units, and the intensity was not small. In the following year, the environmental assessment agencies of the national environmental protection system completed the decoupling on schedule and completely withdrew from the construction project environmental assessment technical service market. The relevant person in charge stated that the decoupling work has completely resolved the "red-top intermediary" problem in the EIA technical service market from the institutional perspective, preventing conflicts of interest and improper transfer of benefits. The increase in business risks caused by violations of the corporate environment will gradually force them to actively seek for qualified EIA agencies to compile scientific EIA reports. As a result, EIA affiliates may gradually lose the market.

Including the "Guidelines for Building Project Environmental Impact Reports (Forms) Compilation Capacity", "Construction Project Environmental Impact Reports (Forms) Compilation Scoring Measures for Untrustworthy Behaviors", and "Construction Project Environmental Impact Reports (Forms) Compilation Supervision and Management Measures" The three top-level designs of the environmental impact assessment are already on the way. The above-mentioned new regulations point out the direction for the preparation of the environmental impact assessment report, supervision and management, institutional and personal qualifications, etc. At the same time, it will also accelerate the reform of EIA qualification management for construction projects, comprehensively strengthen the supervision of EIA institutions, and focus on solving outstanding problems in the field of EIA technical services. In this way, on the one hand, the conflicts with the revised Environmental Protection Law are eliminated, and on the other hand, the procedures for environmental impact assessment are further improved.