国务院新闻办公室新闻发布会材料三
《环境保护督察方案》《生态环境监测网络建设方案》《生态环境损害赔偿制度改革试点方案》背景材料 （2015年9月17日） 环境保护部
根据党中央、国务院决策部署，我部牵头制定了环境保护督察、生态环境监测网络建设、生态环境损害赔偿3个改革方案，其中前两方案已印发，后一方案已经中央审议通过。 一、关于《环境保护督察方案（试行）》 （一）方案主要内容 方案共五个部分，分别明确环保督察的指导思想，确定了督察对象与组织方式，规定了督察内容和实施步骤，并提出了严格的工作要求。 环保督察主要目标是，切实落实地方党委和政府环境保护主体责任，加快解决突出环境问题，促进环保产业发展，推动发展方式转变，全面提升生态文明建设水平。 督察工作将以中央环境保护督察组的组织形式，对各省（自治区、直辖市）党委和政府及其有关部门开展，并下沉至部分地市级党委和政府及其有关部门。督察组组长由现职或近期退出领导岗位的省部级领导同志担任，副组长由环境保护部现职副部级领导同志担任，主要督察各地贯彻落实国家环境保护决策部署、解决突出环境问题、落实环境保护主体责任等三个方面存在的主要问题。近期将重点督察环境保护法、关于加快推进生态文明建设的意见、大气和水污染防治行动计划等重要法律和文件的贯彻落实情况。 （二）主要考虑 党中央、国务院已出台《关于加快推进生态文明建设的意见》和系列改革措施。加快推进生态文明建设，迫切需要以环境保护督察作为重要抓手，推动中央生态文明建设和环境保护工作的决策部署落地生根。 为应对当前经济下行压力，推动我国发展向绿色低碳转变，环保督察将坚持三个工作原则：一是坚持实事求是原则。深入调查研究，全面准确地了解情况，客观公正地反映问题。二是坚持注重实效原则。强化问题导向，把发现问题、剖析原因、整改落实和促进发展方式的转变、全面提升生态文明建设水平作为督察工作的出发点和落脚点。三是坚持稳妥有序原则。既要立足当前，督促地方着力解决突出环境问题，又要着眼长远，推动建立完善环境保护长效机制。 坚持从我国基本国情和政治体制出发，按照权责对等原则，明确环境保护工作上的“党政同责”和“一岗双责”。全面落实环境保护“党政同责”和“一岗双责”，是党中央、国务院根据当前环境保护形势，对环保工作作出的重要战略部署，抓住了部分地方党委和政府对环境保护工作重视不够、部署不够、落实不够这一关键要害，将有力推进地方党委和政府共同落实环境保护主体责任。 下一步，我部将起草并完善相关配套性文件，形成可操作性强、完整的环保督察制度规范和标准流程体系。在此基础上，按照党中央、国务院的要求，年内选择若干省份先行试点，摸索工作经验，为明年全面铺开奠定基础。 二、关于《生态环境监测网络建设方案》 （一）方案主要内容 方案共六个部分。第一部分是生态环境监测网络建设总体要求，提出生态环境监测网络建设的指导思想、基本原则和主要目标。第二至五部分是生态环境监测网络建设主要任务，提出“全面设点、全国联网、自动预警、依法追责”四项主要任务。第六部分是生态环境监测网络建设保障措施。 生态环境监测网络建设的主要目标是，到2020年，全国生态环境监测网络要基本实现环境质量、重点污染源、生态状况监测全覆盖，各级各类监测数据系统互联共享，监测预报预警、信息化能力和保障水平明显提升，监测与监管协同联动，初步建成陆海统筹、天地一体、上下协同、信息共享的生态环境监测网络，使生态环境监测能力与生态文明建设要求相适应。 主要任务包括：一是全面设点，完善生态环境监测网络。二是全国联网，实现生态环境监测信息集成共享。三是自动预警，科学引导环境管理与风险防范。四是依法追责，建立生态环境监测与监管联动机制。 为使生态环境监测网络建设的目标任务落到实处，方案提出要健全生态环境监测制度与保障体系。 （二）主要考虑 我国环境监测工作经过近40年的发展建设，已经建成了较为完善的生态环境监测网络并及时向人民群众发布各类监测信息，为生态文明建设和环境保护工作提供了强有力的支撑。 但是，面对当前生态文明建设的新形势和新要求，也还存在网络范围和要素覆盖不全，建设规划、标准规范与信息发布不统一，信息化水平和共享程度不高，监测与监管结合不紧密，监测数据质量有待提高等突出问题，难以满足生态文明建设需要，影响了监测的科学性、权威性和政府的公信力。为此，必须加快推进生态环境监测网络建设改革，紧紧围绕影响生态环境监测网络建设的突出问题，强化监测质量监管，落实政府、企业、社会的责任和权利，提高生态环境监测立体化、自动化、智能化水平，推进全国生态环境监测网络全覆盖、数据联网共享，实现生态环境监测和监管有效联动。 下一步，环境保护部将会同国务院相关部门和各级人民政府，认真落实《方案》提出的目标任务，加快建成统一、完善、权威、高效的生态环境监测网络，为建设生态文明和美丽中国提供坚强的支撑与保障。 三、关于《生态环境损害赔偿制度改革试点方案》 （一）主要内容 方案共五部分。 第一部分是总体要求和目标。确定2015-2017年选择部分省份开展试点工作，2018年在全国试行，到2020年，力争初步构建责任明确、途径畅通、技术规范、保障有力、赔偿到位、修复有效的生态环境损害赔偿制度。 第二部分是试点原则。提出“依法推进，鼓励创新；环境有价，损害担责；主动磋商，司法保障；信息共享，公众监督”的试点原则。 第三部分是适用范围。适用于因污染环境、破坏生态导致的生态环境要素及功能的损害，即生态环境本身的损害。涉及人身伤害、个人和集体财产损失以及海洋生态环境损害赔偿的，分别适用《侵权责任法》和《海洋环境保护法》等相关法律规定，不适用于本方案。 第四部分是试点内容。提出8项试点内容：确定赔偿范围，明确赔偿义务人，确定赔偿权利人，建立生态环境损害赔偿磋商机制，完善相关诉讼规则，加强赔偿和修复的执行与监督，规范鉴定评估，提供资金保障。 第五部分是保障措施。一是要求试点地方加强组织领导，成立试点工作领导小组，制定试点实施意见。二是加强国家有关部门对试点的业务指导。三是加快建设国家技术体系。四是加大经费保障。五是推动信息公开和公众参与。 （二）主要考虑 长期以来，对于企业违法排污导致生态环境损害的情形，仅能采取罚款、行政拘留等行政手段，即便新修订的《环境保护法》增加了按日计罚、查封扣押等措施，强化了行政手段，但不能使企业承担损害赔偿的应有责任。新增的环境公益诉讼等司法手段弥补了行政手段的不足，但在损害赔偿诉讼主体、赔偿范围、具体实施等方面仍然存在制度缺失。同时，按照《宪法》、《物权法》等规定，国家所有的财产即国有财产，由国务院代表国家行使所有权，但当国家所有的自然资源受到损害后，现有制度中如何进行索赔缺乏具体规定。因此，需要开展生态环境损害赔偿改革试点。改革试点方案在制定中注意把握了以下几点： 一是确定试点地方省级人民政府经国务院授权后，作为赔偿权利人对生态环境损害进行索赔。 二是创设磋商赔偿机制，促使责任人及时开展修复和赔偿。 三是试行分期赔付等多样化责任承担方式，兼顾生态环境保护和企业经营发展。 四是探索社会化分担机制，满足生态环境损害修复资金需要。 五是强化信息公开，创新公众参与方式，依法向社会公开生态环境损害调查、鉴定评估、修复效果等信息，保障公众知情权，接受公众监督。 方案发布后，试点地方省级人民政府要加强组织领导，制定实施意见，细化分工，落实责任，着力推进损害赔偿工作开展。环保等部门将加强对点工作的业务指导，加快技术体系建设，加大政策保障，促进试点工作顺利开展。 Material No.3 for the press conference of the State Council Information Office
17 September 2015
Background Materials on the Plan of Supervision and Inspection of Environmental Protection, the Plan on Development of a Monitoring Network for Ecological Environment and the Plan on Pilots for Reforms in Compensation System for Ecological and Environmental Damages The Ministry of Environmental Protection
In accordance with the decisions and arrangement by the CPC Central Committee and the State Council, the Ministry of Environmental Protection (MEP) took a lead in drafting three plans of reform, namely the Plan of Supervision and Inspection of Environmental Protection, the Plan on Development of a Monitoring Network for Ecological Environment and the Plan on Pilots for Reforms in Compensation System for Ecological and Environmental Damages. The first two Plans have been issued and the last one has been approved by the CPC Central Committee.
I. Plan on Supervision and Inspection of Environmental Protection (Trial)
A. Main content of the Plan
The Plan is composed of five sections, specifying the guidelines, identifying the objects and organizational arrangement, providing the substances and procedures of implementation, as well as raising stringent requirements for supervision and inspection activities.
The major goals of supervision and inspection are to ensure the fulfillment principal responsibilities of local CPC committees and governments to protect the environment, accelerate the resolution of prominent environmental problems, foster the development of environmental protection industries, promote the transformation of development patterns, and elevate the level of ecological civilization construction.
Supervision and inspection shall be carried out in the name of Central Supervision and Inspection Group for Environmental Protection, targeting CPC committees, governments and relevant departments at provincial and equivalent levels (i.e. autonomous regions and municipalities directly under the central government). Such supervision and inspection may even be implemented at some municipal CPC committees, governments and relevant departments. The Group will be headed by incumbent and/or recently retired leaders at the provincial and/or ministerial levels. And the position of deputy group leader is taken by incumbent leaders at vice-ministerial level from MEP. The Group will carry out supervision and inspection on major problems of local CPC committees and governments in implementing environmental decisions and policies adopted the central government, in addressing prominent environmental problems, and in fulfilling their principal responsibilities to protect the environment. In the near term, such supervision and inspection will focus on the enforcement and implementation of important legislations and policy documents, such as the Environmental Protection Law, the Opinions on Accelerating the Ecological Civilization Construction, the Action Plan on Prevention and Control of Air Pollution, and the Action Plan on Prevention and Control of Water Pollution.
B. Major considerations
The CPC Central Committee and the State Council have issued the Opinions on Accelerating the Ecological Civilization Construction and a series of reform measures. To accelerate the construction of ecological civilization, there is an urgent need to ensure the comprehensive implementation at local levels of the central government’s decisions and policies on ecological civilization construction and environmental protection, taking the supervision and inspection of environmental protection as an important leverage.
In addressing the downward pressure on the economy and pressing ahead with green and low-carbon development, three guiding principles will be followed in supervision and inspection of environmental protection. Principle (a): Seeking truth from facts. In-depth investigation and research shall be conducted to have an accurate apprehension on the situation and ensure an objective and just attitude in problem identification. Principle (b): Stay practical and pragmatic. Problem orientation approach shall be stuck to. Problem identification, causality analysis, rectification and improvement, facilitation of development patterns transformation, and elevating ecological civilization construction shall be regarded as starting points and focuses of such supervision and inspection. And Principle (c): adhering to an orderly and reliable approach. A balance shall be achieved between the present needs for urging the local authorities’ efforts for the solutions of prominent environmental problems, and the forward-looking perspectives to establish and improve a long-term environmental protection mechanism.
Based on basic national conditions and political system and in line with the principle of matching power with responsibility, the policies were mapped out that the leaders of CPC committees and governments shall shoulder the same responsibilities and that the leader shall bear both the responsibilities of his/her position together with environmental responsibilities within his/her jurisdiction. Such policies are important strategic environmental decisions made by the CPC Central Committee and the State Council based on the current situation of environmental protection, particularly that some local CPC committees and governments have not attached sufficient importance to environmental protection nor fully implemented relevant policies, which will help urging leaders from both local CPC committees and governments to jointly fulfill their responsibilities for environmental protection.
MEP will draft and improve associated supporting documents so as to produce operational and sophisticated institutional norms and standardized procedures for environmental supervision and inspection. Following the requirements of the CPC Central Committee and the State Council, several provinces will be selected as pilots to find out experiences, so as to lay a solid foundation for the national roll-out scheduled for the next year.
II. Plan on Development of a Monitoring Network for Ecological Environment
A. Main content
The Plan is composed of six sections. The first is about overall requirements for development of monitoring network for ecological environment, including the guidelines, fundamental principles, and major goals. The second through the fifth sections map out four major tasks in development of the monitoring network, including comprehensive spot location of monitoring sites across the country, nation-wide networking system, automatic early warning, and liabilities investigation in accordance with laws. The sixth section is about measures taken to guarantee the development of such monitoring network.
The major goals are as following. By 2020, the national monitoring network will largely cover factors including environmental quality, major pollution sources, and ecological condition. Various categories of monitoring database at all levels shall be networked and shared. The capacities shall be greatly improved in areas of monitoring for forecasting and early warning, application of information technology, and technical support provision. Concerted actions shall be achieved between monitoring and supervision. And a monitoring network shall be put in place with a holistic monitoring capacity for marine and land environment, integrating remote sensing and land-based monitoring technologies, coordinating efforts at all levels, and sharing information of all kinds, so as to satisfy the requirement for the monitoring capacity associated with the level of ecological civilization construction.
The major tasks include (a) comprehensive spot location of monitoring sites across the country, and improved monitoring network for ecological environment; (b) nation-wide networking of monitoring systems to achieve the integration and sharing of environmental monitoring information; (c) establishment of a system of automatic early warning to provide scientific guidance for environmental management and risk prevention; and (d) liabilities investigation in accordance with laws through establishing and functioning of a coordination mechanism involving both monitoring and supervision for environmental protection.
The Plan makes it clear that a monitoring system and a guarantee system for environmental protection shall be improved to realize the goals and tasks in the development of the monitoring network for environmental protection.
B. Major Considerations
A solid and sophisticated environmental monitoring network has already been put in place after nearly four decades of development and construction of environmental monitoring capabilities, which has been providing the public with timely environmental data and information, as well as effective supports to the endeavor of environmental protection and ecological civilization construction.
However, under the new circumstance and in face of new demands of ecological civilization construction, prominent problems emerged including incomplete coverage of monitoring network in terms of scopes and factors; uncoordinated planning, construction, standardization of the monitoring networks and associated information disclosure; underdeveloped application of information technology and level of sharing; insufficient interlinks between environmental monitoring and supervision; and urgent needs for improved quality of monitoring data. Such problems make it hard to satisfy the demands of ecological civilization construction, and undermine the scientific basis and authority of environmental monitoring and the public trust in government. Hence, there’s an urgent need to accelerate the reform of the environmental monitoring network construction in addressing such prominent problems. Efforts shall be strengthened over the quality control and supervision of monitoring. The government, enterprise and society should take on their due responsibilities and ensure they could exercise their rights. The multi-dimensional, automated, and intelligent monitoring shall be enhanced. Efforts shall also be made to promote the full coverage of environmental monitoring network as well as the data networking and sharing, meanwhile, effective connection and interaction shall be created between environmental monitoring and supervision.
Regarding the follow-ups, the MEP will work with relevant departments of the State Council as well as the governments at various levels to achieve the goals and tasks set out in the Plan and step up efforts to promote the establishment of a unified, sophisticated, credible and efficient environmental monitoring network, and hence support and ensure the construction of ecological civilization and the building of a Beautiful China.
III. Plan on Pilots for Reforms in Compensation System for Ecological and Environmental Damages
A. Main Content
The Plan consists of five sections.
The first section illustrates the general requirement and overall objectives. In 2015-2017, a number of provinces will be selected for pilot activities. In 2018, the work will be trialed at nationwide scale. By 2020, an environmental damage compensation system shall be put in place featured with clearly defined responsibilities, easy accessibility to compensation, standardized technology, solid guarantee, compensation in place and paid in full, and effective remediation.
The second section elaborates the principles of pilot activities, namely, proceeding in accordance with law and encouraging innovation, pricing the environment and holding those offenders liable for damages, advocating active negotiation and providing judicial safeguard, as well as sharing the information and highlighting public supervision.
The third section is the scope of application. The Plan is applicable to the damages to the environment itself, including its elements and functions, as a result of environmental pollution and ecological destruction. The cases involving personal injuries, individual and collective property loss, as well as the marine environment damages are not subjected to this Plan. Instead, The Tort Law and the Marine Environmental Protection Law shall apply respectively.
The fourth section specifies the pilot activities. A total of eight tasks are set out, including defining the extent of compensation, identifying the compensation obligor (the party liable for compensation), identifying the compensation obligee (the claimant of compensation), establishing ecological and environmental damage compensation mechanism, improving related contentious procedures, strengthening the enforcement of and supervision over compensation and remediation, regulating evaluation and assessment as well as providing necessary fund.
The fifth section discusses implementation safeguards. Measures should be taken to ensure the implementation: first, pilot areas are required to demonstrate a strong leadership and to enhance organizing capacity by establishing a leading group to conduct pilot work and to work out plans to promote pilot work; Second, relevant state departments are required to provide more instructions on local pilot work; Third, national technological system should be put into place at an earlier date; Fourth, more funds needs to be allocated; Fifth, information disclosure and public participation should be promoted.
B. Major Considerations
For long, only administrative measures such as fines and administrative attachment could be applied to regulate the situation of ecological and environmental damages as a result of illegal pollution discharge by enterprises. Despite that the newly revised Environmental Protection Law has new provisions on continuous daily fines and seizures, which further enhanced the administrative instruments, it could not hold enterprises in question accountable for their environmental damages. Public interest litigation as a novel judicial instrument could make up for deficiencies in administrative measures. However, absent of system arrangement is still the problem in the case of compensation for environmental damages in areas of litigation subjects, scope of compensation, and specific enforcement. In addition, according to the Constitution and the Real Right Law, the right of state owned property shall be exercised by the State Council in the name of the country. When damages are made to the state owned natural resources, there is no regulations on compensation acclamation in the current systems. As a result, there is a strong need for pilots on ecological and environmental compensation. Specific attentions are paid to the following areas:
(a) The local governments of pilot areas identified in the plan, after authorization by the State Council can claim for compensation for ecological and environmental damages as the obligee.
(b) Negotiation based compensation mechanism is established, to facilitate persons liable to undertake remediation and compensation.
(c) Diversified liability bearing patterns such as installment payment are to be trialed balancing environmental protection and business development.
(d) Exploration is to be made into social sharing mechanism to satisfy the financial needs for damage remediation.
(e) Information disclosure and innovative public participation are enhanced. Information such as survey and investigation, evaluation and assessment, remediation effectiveness arouse out of environmental compensation shall be made available to the public, in order to ensure the public right to know and public supervision over the compensation.
As the Plan is released, provincial governments in pilot areas are required to enhance centralized leadership, formulate implementation plan as well as specify division of work with each one, defining and charging specific responsibilities, in order to promote damage compensation activities. Relevant departments of environmental protection should offer more technical guidance on the implementation, step up efforts to establish a technical system and enhance policy support to ensure the pilot a success. |
