| 英文摘要 |
This project responds to the second notice of the draft Environmental Testing and Analysis Act, and cooperates with the central administrative agency. There are some matters that should be paid attention in the legal progress. When drafting a law, the preparatory work about the laws and regulations should be planned and implemented together. The release will be completed within six months after the announcement.
In the aspect of regulatory development, during the first progress report, titles of nine sub-law drafts were proposed along with their development planning schedules, which were subsequently approved by National Environmental Research Academy. Nine completed sub-law drafts and their related explanations have been submitted as follows:
1."Regulations on Penalty Criteria for Violations of the Environmental Testing and Analysis Act": This draft focuses on the principle of imposing penalties for cases where the calculated fine exceeds the legally defined maximum fine and for situations involving minor offenses;
2."Regulations on Accounting and Estimation of Profits from Violating the Environmental Testing and Analysis Act ": The main focus is to prompt the competent authority to pay attention to the recovery of conspicuous benefits from violations and to specify the types of profits, along with their accounting and estimation methods;
3."Regulations on Penalty Notification and Deadline for Improvement or Correction of Each Violations of the Environmental Testing and Analysis Act": The main focus is on the penalty for each violations of the Environmental Testing and Analysis Act. In such cases, separate notices for improvement or correction with specified deadlines should be issued. Additionally, these notices must contain prescribed information related to the required improvements or corrections;
4."Regulations on Technical Capability Assessment and Blind Sample Testing for Environmental Testing and Analysis": The main focus is on the regulations governing the implementation methods, operational procedures, and deadlines for submitting results for technical capability assessment and blind sample testing in the field of environmental testing and analysis;
5."Regulations on Rewards for Reporting Violations of the Environmental Testing and Analysis Act ": The main focus is on the regulations for rewarding individuals who report violations of the Environmental Testing and Analysis Act. To be eligible for the reward, the reported cases must be verified by the competent authority and subjected to penalties before the reward is granted. Additionally, the regulations outline the prescribed methods for granting rewards;
6.”Regulations on Legal Aid for Whistleblowers of Violations of the Environmental Testing and Analysis Act”: The focus is on the eligibility for legal aid, the scope of assistance, the review process, and the delegation of implementation.
7.”Regulations on Receipt and Management of Environmental Testing and Analysis Fund”: The focus is on the need for stable and adequate funding to support the execution of environmental testing-related management, so the competent authority establishes and manages the Environmental Testing and Analysis Fund.
8.“Regulations on Awards and Incentives for Outstanding Environmental Testing and Analysis Organization”: The focus is on clearly defining the conditions for granting rewards, enabling the recommendation and evaluation process, and establishing more explicit guidelines to follow.
9.”Standards for Fee Charging for the Environmental Testing and Analysis Act”: The focus is on aligning with the promotion of various management systems and administrative measures under this law, specifying the scope and fee items covered by this law's fee collection.
In the aspect of institutional promotion, four guidelines has been completed, as follows:
1."Graded Management System for Testing Institutions": This guideline focuses on the economic incentives of graded, factors for graded, and criteria for determining graded levels;
2."Inspection System for Environmental Testing Equipment": This guideline includes an analysis of the proportion of various testing business categories in recent years, instrument analysis for air quality monitoring vehicles, and the status of essential instruments used in testing institution;
3."Certification System for Environmental Testing and Analysis Technicians": This guideline examines the Japanese measurer system and discusses environmental testing personnel categories in our country, training programs, and diverse methods for obtaining certificates;
4."System for Collection and Transfer on Behalf of Another Party of Testing Fees": This guideline outlines the procedures for application management, fee collection and transfer, operational flow for application and collection, and the mechanism for verifying the accuracy of financial institution records during fee collection.
In the aspect of administrative support, in order to successfully promote the policies related to Environmental Testing and Analysis Act and its sub-law, this project had assisted in the completion of the unveiling ceremony of the National Environmental Research Academy on August 22, 2023. Eight consultation meetings with expert and scholar and 5 discussion meeting on environmental test policy were assisted with during the project execution, also this project sought advice from experts with legal or testing backgrounds for 12 hours. The feedback and opinions collected from these consultations and expert inquiries have been utilized as reference foundations for the development of relevant legal frameworks by our team.
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