"I hope that the public event can trigger the environmental protection storm in the motor vehicle manufacturing industry, just like the EIA storm!" 10 minutes after the end of the interview, Zhou Yangsheng sent a message to the "Legal Daily" reporter who had left. 25t crawler crane for sale Small Crawler Crane,Crawler Crane Engine,Crawler Crane For Sale,Mini Crawler Crane SHANDONG YAHE CONSTRUCTION MACHINERY CO., LTD , https://www.pilingdriver.com
Zhou Yangsheng is an environmental standards expert with numerous titles. He used to be the director of the Environmental Standards Institute of the former Environmental Protection Administration. He is currently a deputy bureau-level cadre of the Beijing Municipal Environmental Protection Bureau.
The industry insiders interviewed by reporters almost made the same call. Sun Youhai, dean of the School of Law of Tianjin University, said: "China's relevant legislation actually stipulates severe penalties. But from the current point of view, our law enforcement is still weak, and the problem of lax enforcement is still very prominent, especially in the face of special When large companies are environmentally violating the law, the environmental laws must be hardened!"
China's legislation is equally strict. If the same incident occurs in China, will the public be subject to such severe punishment? The answer is yes. According to China's Air Pollution Prevention and Control Law, the punishment is even heavier than the United States.
Volkswagen’s “cheating door†has been fermenting for a few days. From admitting mistakes to stock price plunging until its CEO announced his resignation, the incident should be the biggest scandal of Volkswagen since its inception and the biggest blackout in the auto industry in recent years.
According to the US "New York Times" report, after being severely accused by the US Environmental Protection Agency (EPA), Volkswagen was forced to admit that they did install a cheating software for exhaust emission detection on some diesel vehicles sold so that the car could " The emission reduction will pass the test, and it will increase the power in the usual discharge.
The mass cheating incident has a huge impact. According to the EPA, there are about 482,000 vehicles installed by the public in the United States, and the maximum fine for each vehicle is $37,500. The economic fines that the public may face, in the worst case, will be as high as $18 billion. Exceeding the operating profit of the Volkswagen Group for the whole year of 2014 (12.1 billion euros).
If the same incident occurs in China, will the public be subject to such severe punishment? The answer is yes. According to China's Air Pollution Prevention and Control Law, the punishment is even heavier than the United States.
Article 109 of the new Air Pollution Prevention and Control Act, which will be implemented on January 1 next year, clarifies the penalties for pollution control devices: “Responsible for the suspension of production and rectification, confiscation of illegal income, and the value of goods is more than doubled to three times The fines were confiscated to destroy motor vehicles and non-road mobile machinery that could not meet the pollutant discharge standards, and the motor vehicle production department under the State Council ordered the production of the vehicle to be stopped."
"What is the penalty for more than one-fold and three times the value of the goods?" Sun Youhai explained: "The fine for this article is the value of the goods, which is the sales price of each car. This kind of fine is calculated in the same way as the United States. Is a piece penalty."
Zhou Yangsheng analyzed that the maximum fine for each vehicle in the United States is $37,500, equivalent to about RMB 200,000, which is almost the price of a car. This is similar to the fines in our country.
Sun Youhai analyzed that if each vehicle is fined three times (the highest value), according to the reported number of vehicles sold of 482,000, if it occurs in China, the amount of fines will also be astronomical.
Moreover, the installation of fraudulent software by Volkswagen also violates the provisions of Article 99, paragraph 3 of the Air Pollution Prevention and Control Law: by evading supervision, the discharge of atmospheric pollutants can be less than 100,000 yuan and less than 1 million yuan. fine. Sun Youhai pointed out that according to Chinese law, the public should be punished. Because evading supervision is an act, installing deceptive software is another act, and not the same act violates two laws.
In addition to the fines, China’s penalties include the confiscation of destruction and the order to suspend the model.
Then, if it happens in China, will the cheating Volkswagen diesel vehicles be recalled according to law? The answer is also affirmative: it will be recalled! Article 58 of the Air Pollution Prevention Law stipulates: Production and import enterprises are informed of motor vehicle emissions of air pollution. If the material exceeds the standard and belongs to the design, production defects or does not meet the requirements for environmental protection durability, it shall be recalled; if it is not recalled, the quality supervision department of the State Council shall, in conjunction with the environmental protection department of the State Council, order it to recall.
Sun Youhai analyzed that Volkswagen knows that the air pollutants emitted by motor vehicles are seriously exceeding the standard, and it is not in compliance with the basic requirements of environmental protection in product design, so it should be recalled.
In addition, Associate Professor Wang Shekun of Peking University Law School introduced that on October 1, 2004, China promulgated the “Regulations on the Management of Defective Automobile Products Recallâ€. On January 1, 2013, the “Regulations on the Recall of Defective Automobile Products†was upgraded to the “Regulations on the Management of Defective Automobile Product Recallsâ€. Article 16 of the Regulations clearly stipulates that: producers who implement recalls shall formulate a recall plan in accordance with the provisions of the product quality supervision department of the State Council and report to the State Council Product Quality Supervision Department for the record.
Chinese legislation is so strict, what is the implementation?
China's law enforcement is very weak So far, because of unqualified emissions, China's law enforcement agencies have only punished an import company, Hyundai Motor (China) Investment Co., Ltd.
The reporter asked the experts interviewed to estimate whether China’s law enforcement agencies would “slap hands†against illegal enterprises like the United States. Sun Youhai said: "From the perspective of realistic operation, our environmental law enforcement is generally soft, and the problem of lax enforcement is still outstanding. Personal feelings are more likely to make 1 million yuan in accordance with Article 99 of the Air Pollution Prevention Law. Penalties, and are not applicable on a daily basis, because the daily penalty is subject to ordering corrections and refusal to correct them."
Zhou Yangsheng is also skeptical about China's law enforcement efforts. He said that so far, only one case has been imposed on illegal production and sales enterprises because of unqualified emissions, which was made by the Beijing Municipal Environmental Protection Bureau in 2014. During the period of September, December and January 2014, the Beijing Municipal Environmental Protection Bureau conducted three environmental inspections on the Shengda 3.0L model imported by Hyundai Motor and sold in Beijing, and its exhaust emissions exceeded the standard. The Beijing Municipal Environmental Protection Bureau imposed a penalty on Hyundai Motor (China) Investment Co., Ltd.: confiscation of income of more than 13 million yuan, and a fine of 10%, the fine amount of more than one million yuan.
The only punishment is that it does not mean that China’s automobile emissions are up to standard. Jia Xinguang, a senior auto analyst, believes: "The Chinese are simply not qualified to blame the public for the problem of emissions fraud, because China's domestic diesel companies emit more serious fraud. Who knows who has been punished for emissions from Chinese car companies?"
According to official data, even a compliant “National Four†diesel vehicle emits nitrogen oxides (an important component of smog) equivalent to 90 “National Four†petrol cars, but if this is a fake “country†For the four-duty diesel car, its emissions are equivalent to about 200 "National Four" petrol cars.
Jia Xinguang said that the "National Four" emission standard for diesel vehicles promoted by the Chinese government has not yet been fully implemented. Prior to the implementation of the “National Three†emission standards, many companies also experienced fraud. The products sold only added a device under the original National Standard II - EGR, barely meeting the standard. The method of fraud is exactly the same as the cost of the public. In actual use, many drivers directly unplug the device. The media reported that the owner of the car can buy "environmental protection standard" for 900 yuan. Compared to the German public's painstaking use of software to cheat, China's diesel vehicles have lost interest in complex cheating procedures.
Environmental law enforcement should kill chickens and monkeys for another three months, and the new air pollution prevention and control law will be implemented. If we check according to the law, do we have an authoritative laboratory? The cost of sampling for each vehicle is more than 10,000 yuan. Is the budget of the environmental protection department scheduled?
Wang Shekun pointed out that the United States severely punished the public's fraudulent behavior, and the biggest enlightenment to China's law enforcement is to have zero tolerance for dishonesty. The US court recently issued a penalties for GM’s $900 million class action lawsuit. The US regulatory authorities have imposed stricter penalties on car companies, especially for car companies that violate statutory rules.
At present, China's air quality situation is not optimistic, quality supervision and supervision departments and environmental protection departments should respond quickly and in a timely manner, and implement the most stringent standards for vehicle exhaust emissions. Once there is something similar to the public diesel car emission cheating scandal, it should be seriously investigated and not soft.
Sun Youhai pointed out that when law enforcement agencies face environmental violations of large-scale enterprises, when there is a conflict between local economic and social development and environmental protection, law enforcement courage is often insufficient. This is also a prominent problem in the long-term construction of environmental protection law in China. To solve this problem, it is not enough to just mention the slogan and stress. We must truly recognize the strategic significance of environmental protection. We must not sacrifice the environment because of the pursuit of local economic development. This has clear provisions in the Environmental Protection Law. . We must fundamentally change our view of political achievements, change the way of performance evaluation, and truly make environmental protection "hard"!
Environmental law enforcement should kill chickens and monkeys, and it should be a storm! This is the voice of the experts interviewed. Zhou Yangsheng told reporters without hesitation: "There are still three months, the new air pollution prevention and control law will be implemented. Is the law enforcement department ready? If we follow the legal requirements, do we have an authoritative laboratory? The sampling cost of a car is more than 10,000 yuan. Is the budget of the environmental protection department scheduled?"