CCTV News: Recently, the Ministry of Ecology and Environment and the State Administration for Market Regulation jointly issued the "Opinions on the Serious Judgment Standards for Falsified Emission Inspection Results or Issuing False Emission Inspection Reports" (hereinafter referred to as the "Opinions"). The responsible person of the Ministry of Ecology and Environment Ecology Law Enforcement Bureau answered reporters’ questions on the relevant situation of the "Opinions".

Q: What is the background of the publication of the "Opinions"?

Answer: The CPC Central Committee and the State Council attach great importance to the prevention and control of air pollution in mobile sources. The "Opinions of the Central Committee of the Communist Party of China and the State Council on In-depth Battle against Pollution Prevention and Control" requires that we continue to fight the battle against diesel truck pollution control, and implement the action to clean diesel vehicles (machines) in depth. The "Action Plan for Continuous Improvement of Air Quality" proposes to strengthen supervision and law enforcement of annual inspection agencies. Motor vehicle exhaust has become one of the main sources of current air pollution, and the national motor vehicle nitrogen oxide emissions account for more than 34% of the total nitrogen oxide emissions. As an important part of the supervision of motor vehicle environmental protection compliance standards, motor vehicle emission inspection agencies play a key role in maintaining the compliance and compliance emission barriers.

Q: What is the significance of the publication of the "Opinions"?

A: Article 112 of the "Air Pollution Prevention and Control Law of the People's Republic of China" stipulates that "if the motor vehicle emission inspection results are forged or false emission inspection reports are issued, the ecological and environmental protection department at or above shall confiscate the illegal gains and impose a fine of not less than RMB 100,000 and not more than RMB 500,000; if the circumstances are serious, the department responsible for qualification certification shall cancel its inspection qualification." The issuance of the "Opinions" has clarified the criteria for determining serious circumstances for forging emission inspection results or issuing false emission inspection reports from the national level, guided local governments to establish a mechanism for withdrawal of serious illegal institutions, standardize law enforcement and supervision behavior, effectively strengthen the control of air pollution from mobile sources, severely crack down on the fraud of motor vehicle emission inspection agencies, create a fair and competitive market environment, and promote the healthy and orderly development of the motor vehicle emission inspection industry.

Q: What are the main contents of the "Opinions"?

Answer: The Ministry of Ecology and Environment, together with the State Administration for Market Regulation, systematically sorted out the relevant regulations of various places on the serious identification of fraud in motor vehicle emission inspection agencies and the cancellation of inspection qualification certification standards, and conducted a comprehensive analysis of the situation of fraud institutions special rectification and investigation by third-party institutions in the field of motor vehicle emission inspection. On this basis, five judgment criteria were proposed by comprehensively considering the degree of impact, harmful consequences and local practice.

The first item is the act of forging motor vehicle emission inspection results or issuing a false emission inspection report and being held criminally responsible in accordance with the law, which is determined to be serious.

The second item is that according to the Administrative Penalty Law, the repeated illegal acts within two years should be distinguished from the first violation or the single violation, and the circumstances should be considered serious.

The third item is to comprehensively consider the existing relevant regulations in various places, and to consider the circumstances that forge emission inspection results or issue false emission inspection reports involving more than 10 vehicles.

Items 4 and 5 are to cause major environmental and social impacts and to make additional provisions on other circumstances that should be considered serious in accordance with the law.

Q: How to organize and implement the "Opinions"?

Answer: The "Opinions" are applicable to behaviors and events that occur after the publication takes effect. For motor vehicle emission inspection agencies that have been verified to have serious circumstances in the above circumstances during the traceability period of the ecological environment administrative penalty, relevant departments should strengthen policy coordination and work coordination, and the ecological environment competent departments should strictly punish them in accordance with the law, and the market supervision and management departments will cancel their inspection qualifications in accordance with the law.