The new environmental protection law is about to be implemented

The new environmental protection law is about to be implemented

On April 24, 2014, the eighth session of the 12th National Standing Committee of the Communist Party of China passed the newly revised environmental protection law with 151 votes in favor, 3 votes against, and 6 abstentions. The new environmental protection law consists of 7 chapters and 70 articles and will be implemented on January 1, 2015. The law is a weapon to protect the rights and interests of citizens. Law-abiding people are protected by the law, and offenders are punished by the law.

Every citizen is the main body and it is everyone’s responsibility to protect the environment

Article 6 of the new environmental protection law stipulates: "All units and individuals have the obligation to protect the environment." "Citizens should enhance their awareness of environmental protection, adopt a low-carbon, thrifty lifestyle, and consciously perform their environmental protection obligations." The new environmental protection law clearly stipulates that every citizen is the main body, and all have responsibility for environmental pollution. Environmental protection issues must start with themselves, and they must also have the right to know, participate, and supervise in accordance with their responsibilities. Therefore, the issue of environmental protection is not a simple corporate issue. It is a complex social issue. Protecting the environment is everyone's responsibility. Every citizen must establish the concept of protecting the environment and benefiting mankind. Start with yourself, try to drive as few private cars as possible, and practice green travel. Every citizen is not only a person who cares for environmental protection, but also a “watcher” and supervisor of environmental protection. He is responsible for the soil. This is the right and obligation that the new environmental protection law gives to every citizen.

Transformation of management mechanism innovation, joint defense and governance become the norm

Article 20 of the new environmental protection law stipulates that the state shall establish a coordination mechanism for prevention and control of environmental pollution and ecological damage in key areas across administrative regions and implement unified planning, unified standards, unified monitoring, and unified prevention and control measures. The integration of regional joint prevention and control into environmental protection law is an innovation in terms of environmental protection management mechanism. It not only provides strong legal support for the enforcement of environmental protection departments, but also adapts to the new situation of modern social development in China. It is necessary to realize the joint prevention and control of environmental pollution in the region and the watershed and ecological destruction. In addition, the issue of environmental protection is not only a matter for the head of the environmental protection department, but also a “private matter” that the public, prosecutors, and other departments should perform. In addition to imposing economic penalties on any unit or individual that violates the new environmental protection law, Depending on the degree, nature, etc., it shall be prosecuted for administrative and criminal liability according to law.

The environmental protection department has the right to seize and seize the sewage equipment

Article 25 of the new environmental protection law stipulates that enterprises, public institutions and other producers and operators shall discharge pollutants in violation of laws and regulations and cause or may cause serious pollution. The competent department of environmental protection of the people's government at or above the county level and others shall be responsible for the supervision and administration of environmental protection. The departments can seize and detain the facilities and equipment that cause pollutant emissions. This rule is an important breakthrough and innovation in the new environmental protection law. People call the new environmental protection law a "long-toothed" law. This is where the new environmental protection law lies. For a long time, due to the weakness and incompleteness of environmental law enforcement, many illegal companies have no fear of the environmental protection departments. They have “fight guerrillas”, “hide the cats and cats”, “escape punishment”, and “have difficulties”. Many environmental violations cannot be promptly stopped. In the face of the severe environmental situation, the new environmental protection law stipulates that the administrative coercive measures of seizure and seizure are directly given to the environmental protection departments of the people's governments at or above the county level and other departments responsible for environmental protection supervision. According to regulations, the seizure and seizure should be carried out by law enforcement officers who are qualified by the administrative agencies. The targets for seizure and seizure are facilities and equipment that cause pollutant emissions. This move can fundamentally eliminate the “guerrilla production” of illegal companies.

Illegal sewage is “punished on a daily basis” and “not capped”

Article 59 of the new environmental protection law stipulates that enterprises, institutions, and other producers and operators shall be punished by fines for illegal discharge of pollutants, and shall be ordered to make corrections. If they refuse to make corrections, the administrative agency that made the punishment decision in accordance with the law may order the day after the rectification order. From then on, the amount of the original penalty will be punished on a daily basis. Industry insiders call this provision "an innovative punishment rule." At present, in environmental law enforcement, there is a widespread phenomenon of “high compliance costs and low illegal costs.” This leads companies to prefer to take relatively minor legal responsibilities and not to comply with the law to bear relatively high pollution control costs. This kind of environmental violations are all continuous, that is, the same environmental violations of the company continue for many days, even for months or even years. According to the provisions of this article, penalties on a daily basis apply to illegal discharge of pollutants by enterprises and institutions and other producers and operators, and they are subject to fines, and they are ordered to make corrections and refusal to make corrections. The law enforcement department orders the company to make corrections within a time limit. If it has not yet been rectified within the time limit, it can be inferred that there has been an illegal act since the date of the company’s order of rectification. Therefore, the starting date of the daily penalty shall be the day after the day when the correction is ordered. The amount of fines per day is the amount of the original penalty. If penalties imposed on a daily basis still do not effectively contain the illegal discharge of pollutants, the excessive discharge of excessive pollutants shall be a serious violation of the stipulations in Article 60 of this Law, and further measures shall be taken to stop it. The competent department of environmental protection of the people's government at or above the county level may order it to take measures such as restricting production and stopping production and rectification. The basic purpose of penalties on a daily basis is not a fine. Strict economic penalties are only a means. The purpose of penalties is to supervise enterprises to correct illegal acts and maintain fair market competition.

In the face of the environmental exam, we are ready

The new environmental protection law to be implemented is a big test for the pesticide industry. As for how to face the environmental protection exam, I interviewed some people inside and outside the industry and the answer was reassuring.

Xu Hui, vice president of the China Pesticide Industry Association and general manager of Shandong Sino-Agricultural Biotechnology Co., Ltd.: The "Environmental Protection Law" implemented in 1989 has already gone through 25 years. With the continuous development of the economy and the continuous progress of society, China has undergone tremendous changes. The environment in which we live depends on the care and attention of everyone in order to have clear water and blue sky in order to breathe good air. Therefore, it is more and more important to protect the environment. The new "Environmental Protection Law," the provisions of more stringent, and for the first time put forward the "priority of environmental protection," and provide a strong legal basis for further pollution control in accordance with the law. As far as the pesticide industry is concerned, the first is to study law, observe disciplines and disciplines, be honest, be solid and work diligently, and be diligent and diligent. The second is to fulfill social responsibility and turn environmental protection into conscious behavior; the third is through science and technology. Progress and technological innovation, promote the progress of the industry, build an upgraded version of the environmental protection of the pesticide industry; fourth is to vigorously develop a recycling economy, the normalization of energy-saving emission reduction, clean production. The pesticide industry is confident and determined to become the vanguard of environmental protection.

Deputy director of the Plant Protection and Phytosanitary Station of Hunan Province, Expert Consultant of the Plant Protection Knowledge and Technology Editorial Board, and Tang Huilian, Plant Protection Expert: The enterprise is the subject of market economy participation, and it is also the subject that affects the environment. The new environmental protection law has a long history of "low cost of illegality and high cost of obeying the law". It has implemented the "penalty on a daily basis, penalties for the pollution," and "the double punishment of the responsible person and the enterprise" and "the penalty is not capped." Severe punishment measures. In the future, pesticide companies will not protect the environment in accordance with the law in the course of their production and operation. They will not only pay a huge economic price, but will also be subject to legal sanctions. Therefore, companies must abide by the law. We will work together with pesticide companies to boost the development of biological pesticides and green pesticides, and jointly create a new chapter in the green prevention and control industry.

Liang Xiaowen, chairman of Jiangxi Tianren Ecological Co., Ltd.: Our company is a high-tech enterprise committed to the development of biological pesticides. It is our responsibility to protect the environment and benefit our children and grandchildren. The implementation of the new environmental protection law is a major plus for bio-pesticide companies. Recently, the company signed a business cooperation agreement with Beijing General Aviation Co., Ltd. to provide a full range of shipping support platforms for environmental protection monitoring, rescue and disaster relief, and agroforestry operations in Jiangxi Province, aiming to serve the society, serve the environment, and serve agriculture. Our company will further develop the bio-pesticides and general aviation two major industries, use more efficient, low toxicity, environmentally friendly bio-pesticides products and more professional agricultural general aviation services to create first-class bio-pesticides companies and become the backbone of the national pesticide companies. Achieve the dream of a powerful pesticide country in China.

Vice President and Secretary of the Board of Directors of Guangdong Zhongxun Agricultural Science and Technology Co., Ltd. Chen **: As long as these points are put into place, we will sit back and relax. First, go abroad, invite in, strengthen international exchanges and cooperation, introduce new technologies and new processes, upgrade the level of environmental protection technologies, use technology to “arm their teeth to the environment”; second, increase investment in environmental protection, start from the source, and promote cleaning. Production, the implementation of the management to "no mistakes"; third is to increase the concentration of pesticide production enterprises, encourage pesticide production enterprises to enter the park, through the sharing of public facilities, environmental protection facilities, reduce "three non-emissions" and improve the recycling of by-products Utilization rate, the environmental protection "big pot" to the end.

Xie Xuan, general manager of Hunan Hujiang Demon Agrochemical Co., Ltd.: The discharge of standards and the protection of the environment are obligations the company should fulfill, as well as corporate social responsibilities. The heartbeat is not as good as action. Our company focuses on using actions to change the status quo and use facts to shape the phenomenon. In the past three years, the company has increased protection investment, consciously carried out environmental protection rectification actions, and continuously improved the production environment. The investment for the “three wastes” treatment facilities, energy-saving and emission reduction technological transformation, and clean production projects exceeded 30 million yuan. The "three satisfactions" effect of the government, society and enterprises.

Huang Anhui, general manager of Hunan Wanjiafeng Science and Technology Co., Ltd.: The implementation of the new environmental protection law is very stressful for the enterprise, but it must be properly faced, and it must be pressure-driven to promote the production according to law and law-abiding business. Our company is a manufacturer of pesticide preparations. Although there is no "three wastes" production line, it cannot be taken lightly. Over the past few years, we have continued to develop environmentally friendly dosage forms, vigorously developed highly efficient, low-toxicity, low-residue pesticides to achieve cleaner production, and established a professional service team for crop pests and diseases, adhered to scientific drug use, and worked hard to reduce the amount of pesticides used, and achieved social recognition.

Teng Rihua, regional manager of Jiangsu Futian Agrochemical Co., Ltd.: The implementation of the new environmental protection law is a kind of protection for responsible companies, and it is a blow to companies that have stolen and arranged businesses in a row, which can promote fair competition. As an enterprise marketing person, protecting the environment is also our responsibility. We should have new thinking, new directions, and new impetus, go deep into the fields to do a good job of agrochemical services, popularize the scientific knowledge of using pesticides, and do a good job of recycling pesticide waste packaging. Building an ecological civilization in China will add bricks and tiles.

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