The Standing Committee of the National People's Congress conducted a group review of the Air Pollution Prevention and Control Law (Revised Draft) yesterday. It is understood that the current "Air Pollution Control Law" was enacted in 1987, and has been revised twice in 1995 and 2000, and is currently undergoing a third revision. The revised draft of this review was revised again based on the first draft submitted in December last year.
In fact, after being submitted for deliberation for the first time last year, the Revised Draft continued to solicit opinions from various central departments, units, associations, universities, local people's congresses and the public, and received more than 5,000 opinions and specifically added 23 articles. Which aspects of this revision are most concerned? What concerns are there for such an important law concerning the "blue sky"?
Although the content has increased by 23 compared with the first review, many environmental experts still believe that the second review of the Air Pollution Prevention and Control Law (Revised Draft) is still a minor repair. Especially at the time, many experts proposed that the definition of pollutants should be more detailed, and more operability and other issues have not been fundamentally resolved. Zhou Wei, a professor at Renmin University of China Law School, who has always promoted legal legislation in the field of environmental protection, believes that the revised draft still has room for refinement compared to the US-wide Clean Air Act, which is recognized worldwide.
Zhou Wei: For example, the clean air law of the United States, many standards are directly reflected in the law, and he is very specific about the pollutants strictly controlled by law. Moreover, the practice of these pollutants should be clearly defined in law.
Many members of the meeting also held the same opinion. Commissioner Jianmin Min made it clear that the revised draft should clearly define the “key air pollutants†that are generally summarized in the law.
Jianmin Min: It is suggested that when the concept of “key air pollutants†appears for the first time in Article 18 of the revised draft, it is clearly defined because there are many atmospheric pollutants. It is recommended to include sulfur dioxide, suspended particulate matter, nitrogen oxides, and volatile organic compounds. Compounds, light compounds, greenhouse gases, and the like.
In this revision, it is also clear that it is necessary to improve the assessment and supervision mechanism for the completion of the local air pollution prevention and control deadlines. In fact, most cities are currently unable to achieve the above goals. According to data from the Ministry of Environmental Protection, of the 161 cities in China that monitored the new air quality standards in 2014, only 16 cities achieved air quality standards and more than 90% of cities with excessive air quality.
Some suggest that it is possible to consider the “method of interviewing the leaders of cities that have not completed air pollution prevention and control†that was previously tried by the environmental protection department in the form of law. Commissioner Yuan Wei said: Considering that the implementation of supervision may still be a difficult point in the process of law enforcement, the relevant content of information disclosure and public participation in the law should be further strengthened.
Yuan Wei: In a recent report of the follow-up inspection, it was again mentioned that the investigation was difficult, the evidence was difficult, and the punishment was difficult. Therefore, in such a situation, how to increase the means of supervision, public participation, it is recommended to increase the content of information disclosure and public participation in this law, multimedia, multi-media, multi-method, greatly increase the supervision of this law. Strength.
According to previous PM2.5 source analysis reports in Beijing and Guangzhou, motor vehicle pollution has become the most important source of air pollution in such megacities. At present, the limit has become one of the effective means of being recognized as “controlling air pollution†by some cities. In the first draft of the Air Pollution Prevention and Control Law (Revised Draft) submitted for review, it was first proposed that localities can make restrictions, prohibit motor vehicle traffic types, emission control areas and Travel time.
But this article has also been criticized by many people. Some people believe that this will mean that local governments can restrict citizens' use of motor vehicles without seeking opinions from all parties, which may result in restrictions on citizens' property rights. In the second review draft submitted for review, some amendments were made to this article, but many members still put forward their own opinions.
Sun Baoshu, deputy director of the NPC Law Committee, previously introduced that in order to prevent violations of citizens’ property rights, the second draft of the revised draft submitted for review added provisions on the content of the entry, and restrictions on the type, region and time of motor vehicles should be consulted by relevant industry associations. Opinions from enterprises, institutions, experts and the public. In the first instance, Commissioner Li Andong said that the inclusion of this article in the law may provide legal support for some cities to formulate similar policies for single and double numbers, and the impact is too large. Regarding the changes made this time, he believes that there are still problems.
Li Andong: The second draft of the revised draft has added procedures for soliciting opinions from various quarters. However, I believe that this is not enough to prevent public rights from restricting private rights. The people worry that the solicitation of opinions is likely to be a form of passing through. Therefore, there should be more restrictive conditions. For example, the restriction must be approved by the people's congresses at all levels or the transportation department of the State Council, and the authorization for the normalization of the single and double numbers is excluded. In view of the relatively large opinion of the parties, it is recommended to study carefully. modify.
Mr. Fang Xin also believes that if measures such as restrictions are required to be normalized, a multi-faceted assessment is needed.
Fang Xin: First, it is necessary to study the effectiveness of restrictions and purchase restrictions on the prevention and control of atmospheric pollution. The second is to study whether there is a conflict between the relevant restrictions and the relevant provisions of the Property Law. How to retain such measures, whether the vehicle and vessel tax should be reduced or otherwise compensated after the restriction.
Many members have suggested that the problem of motor vehicle pollution needs to be speeded up. In addition to controlling the total number of motor vehicles and the number of vehicles on the road, the level of motor vehicle pollution should be reduced as a whole. Commissioner Sun Baoshu proposed that oil upgrading is still a top priority and the relevant content can be strengthened in the law.
Sun Baoshu: At present, there are still large gaps in some indicators of China's motor vehicle fuel quality standards compared with international standards. Whether it is the national four standard or the national five standard to be implemented in 2018, the two indicators of aromatics and olefin content are always higher than the relevant standards of the United States, Japan, and the European Union. Fuel quality standards lag behind international standards and will become an important hidden danger of motor vehicle air pollution in the future. Therefore, it is recommended that this amendment clarify that fuel quality standards should be in line with international relevant standards.
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