In addition to the environmental protection tax, there will be an ecological environment damage compensation system starting next year!

"Global Coatings Network News"

Chemical companies have paid attention.

In terms of compensating rights holders, the pilot program issued in 2015 stipulates that the compensation rights holders are provincial governments.
The plan issued this time expands the compensation rights holder from the provincial government to the municipal prefecture-level government.

The person in charge explained that in practice, cases of compensation for ecological damage mainly occur at the municipal prefecture level.
The municipal prefectural government has a certain degree of professionalism in arranging legal and law enforcement personnel, establishing and improving environmental damage identification agencies, and handling cases.
It can play an active role in carrying out the reform of the ecological environment damage compensation system.
In order to improve the efficiency of compensation for damage to the ecological environment, it is necessary to expand the compensation rights holders.

The plan stipulates that the provincial, municipal and prefecture-level governments can designate relevant departments or agencies to be responsible for the specific work of compensation for ecological environmental damage.
For example, the Guizhou Provincial Government can entrust the Guizhou Provincial Environmental Protection Department to carry out the claim work.

The plan also stipulates that for cross-provincial ecological environmental damage, the relevant provincial government of the ecological environment damage site shall negotiate and carry out compensation for ecological environmental damage.

Promote the implementation of the ecological environment damage compensation system

On the basis of the pilot plan, the plan issued this time clarifies the "pre-negotiation", that is, the negotiation of compensation for ecological damage is a pre-condition for litigation.

The compensation right holder and the compensation obligor have negotiated and reached a compensation agreement.
This compensation agreement reached through negotiation can be applied to the people's court for judicial confirmation.
After judicial confirmation, if the obligor of compensation fails or does not perform fully, the obligor of compensation may apply to the people's court for compulsory execution.
This will give the compensation agreement the enforcement effect and promote the implementation of the compensation agreement.

The plan also clarified that if the negotiation fails to reach an agreement, the compensation right holder shall promptly file an ecological environment damage compensation lawsuit.

The person in charge said that the Ministry of Environmental Protection will actively promote the development of implementation plans in various regions in the next step, and use case practice as the starting point to solidly advance the work.

In terms of strengthening technical support, the Ministry of Environmental Protection will work with relevant departments to strengthen the construction of a technical system for environmental damage appraisal and assessment, and promote standardized management of environmental damage appraisal and assessment.

At the same time, the Ministry of Environmental Protection will work with the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Justice and other relevant departments to promote the resolution of the problems and difficulties encountered by various localities in the reform trial.