On April 30, 2025, a draft of the PRC Ecology and Environment Code (the Drafted Code) was submitted to the 15th meeting of the 14th Standing Committee of the National People’s Congress for a review and published for public opinions. The period for such solicitation is 45 days.
The Drafted Code contains Five Books, 1188 articles, with key content including, but not limited to, the following:
In the “Book One General Provisions”, it has 143 articles in nine chapters that defines the ecological environment as “the totality of natural and artificially modified natural factors and their interconnections and interactions that affect human survival and development, including the atmosphere, water, oceans, land, mineral deposits, forests, grasslands, wetlands, deserts, wildlife, natural monuments, human monuments, nature reserves, cities and villages, and so on.” It also specifies important legal principles, as well as basic, comprehensive, and universal legal systems, which lay the grounds for the other Books. Those basic legal systems set in Book One of the Drafted Code include supervision and management, planning and ecological zoning control, standards and monitoring, ecological environment impact assessment, compensation for ecological protection, response to ecological and environmental emergencies, protection measures, information disclosure, and public participation.
Book Two of the Drafted Code is “Pollution Prevention and Control”, which includes 9 Sub-books, 525 articles in 36 chapters. According to a statement regarding the Drafted Code, this Book is a codification, integration, and optimization of the current laws in terms of pollution prevention and control such as air, water, soil, etc. Among the nine Sub-books, the first Sub-book provides the common system for pollution prevention and control, overall requirements for pollution prevention and control work, and so on; whereas the other eight Sub-books specify more detailed provisions regarding the pollution prevention and control of air, water, ocean, soil, solid waste, noise, radioactive, as well as other pollution (e.g. chemicals, electromagnetic radiation, and light pollution).
Book Three “Ecology Protection” contains 265 articles in seven chapters. Apart from general provisions (e.g., application scope, general requirements, etc.), it also includes chapters regarding content such as Ecological System Protection, Natural Resource Protection and Sustainable Use, Variety Protection, Important Geographical Unit Protection, Prevention and Management of Ecological Degradation, and Ecological Restoration.
Book Four “Green and Low-Carbon Development” is focused on the important links and fields of green and low-carbon development that are closely related to ecological environment protection, as well as establishing and improving the relevant legal system. This part contains 113 articles in four chapters, which include General Provisions, Developing Recycling Economy, Energy Saving and Green Low-Carbon Transition, and Coping with Climate Change.
The last part of the Drafted Code is Book Five “Liability and Supplemental Provisions”, which contains 142 articles in three chapters. It includes General Provisions (e.g., general rules, liability subject, and liabilities), Penalties, and Supplemental Provisions.
Subsequent to the PRC Civil Code becoming effective on January 1, 2021, the drafted Ecology and Environment Code herein will probably become the second code that systematically integrates, compiles, revises, and codifies the current ecological and environmental laws and regulations in China. By far, there are more than 30 laws, 100 administrative regulations, and 1000 local regulations in the field of ecology and environment, as well as relevant judicial interpretations, rules, policies, and measures, which provide a solid foundation for the codification of the Drafted Code.
According to a statement regarding the Drafted Code, during the codification process, it will handle the current ecological and environmental laws and regulations under three circumstances: 1) Incorporating ten current laws into the Drafted Code (i.e., Book Two “Pollution Prevention and Control”) including the Environmental Protection Law, the Environmental Impact Assessment Law, the Cleaner Production Promotion Law, the Marine Environmental Protection Law, the Air Pollution Prevention and Control Law, the Water Pollution Prevention and Control Law, the Soil Pollution Prevention and Control Law, the Solid Waste Pollution Prevention and Control Law, the Noise Pollution Prevention and Control Law, and the Radioactive Pollution Prevention and Control Law. Those laws will be null and void when the Drafted Code comes into effect.2) Incorporating or reflecting the gist of the laws in the fields of ecological elements, ecosystems such as watersheds, regions, natural resources, biodiversity, etc., as well as ecosystem aspects and circular economy, energy saving (i.e., Book Three “Ecology Protection”). Those laws include, but are not limited to, the Forest Law, the Grassland Law, the Wetland Protection Law, the Yangtze River Protection Law, the Yellow River Protection Law, the Law on the Management of Sea Area Usage, the Mineral Resources Law, the Law on Prevention and Control of Desertification, the Law on the Promotion of Circular Economy, the Law on Renewable Energy Sources, etc. Such laws will remain effective when the Drafted Code comes into effect.3) Considering the legal requirements on subjects such as coping with climate change, carbon peaking and carbon neutrality, green and low-carbon development, etc., where there are no legislations yet (i.e., Book Four “Green and Low-Carbon Development”).
The opinion solicitation ends on June 13, 2025.
The Drafted Code contains Five Books, 1188 articles, with key content including, but not limited to, the following:
In the “Book One General Provisions”, it has 143 articles in nine chapters that defines the ecological environment as “the totality of natural and artificially modified natural factors and their interconnections and interactions that affect human survival and development, including the atmosphere, water, oceans, land, mineral deposits, forests, grasslands, wetlands, deserts, wildlife, natural monuments, human monuments, nature reserves, cities and villages, and so on.” It also specifies important legal principles, as well as basic, comprehensive, and universal legal systems, which lay the grounds for the other Books. Those basic legal systems set in Book One of the Drafted Code include supervision and management, planning and ecological zoning control, standards and monitoring, ecological environment impact assessment, compensation for ecological protection, response to ecological and environmental emergencies, protection measures, information disclosure, and public participation.
Book Two of the Drafted Code is “Pollution Prevention and Control”, which includes 9 Sub-books, 525 articles in 36 chapters. According to a statement regarding the Drafted Code, this Book is a codification, integration, and optimization of the current laws in terms of pollution prevention and control such as air, water, soil, etc. Among the nine Sub-books, the first Sub-book provides the common system for pollution prevention and control, overall requirements for pollution prevention and control work, and so on; whereas the other eight Sub-books specify more detailed provisions regarding the pollution prevention and control of air, water, ocean, soil, solid waste, noise, radioactive, as well as other pollution (e.g. chemicals, electromagnetic radiation, and light pollution).
Book Three “Ecology Protection” contains 265 articles in seven chapters. Apart from general provisions (e.g., application scope, general requirements, etc.), it also includes chapters regarding content such as Ecological System Protection, Natural Resource Protection and Sustainable Use, Variety Protection, Important Geographical Unit Protection, Prevention and Management of Ecological Degradation, and Ecological Restoration.
Book Four “Green and Low-Carbon Development” is focused on the important links and fields of green and low-carbon development that are closely related to ecological environment protection, as well as establishing and improving the relevant legal system. This part contains 113 articles in four chapters, which include General Provisions, Developing Recycling Economy, Energy Saving and Green Low-Carbon Transition, and Coping with Climate Change.
The last part of the Drafted Code is Book Five “Liability and Supplemental Provisions”, which contains 142 articles in three chapters. It includes General Provisions (e.g., general rules, liability subject, and liabilities), Penalties, and Supplemental Provisions.
Subsequent to the PRC Civil Code becoming effective on January 1, 2021, the drafted Ecology and Environment Code herein will probably become the second code that systematically integrates, compiles, revises, and codifies the current ecological and environmental laws and regulations in China. By far, there are more than 30 laws, 100 administrative regulations, and 1000 local regulations in the field of ecology and environment, as well as relevant judicial interpretations, rules, policies, and measures, which provide a solid foundation for the codification of the Drafted Code.
According to a statement regarding the Drafted Code, during the codification process, it will handle the current ecological and environmental laws and regulations under three circumstances: 1) Incorporating ten current laws into the Drafted Code (i.e., Book Two “Pollution Prevention and Control”) including the Environmental Protection Law, the Environmental Impact Assessment Law, the Cleaner Production Promotion Law, the Marine Environmental Protection Law, the Air Pollution Prevention and Control Law, the Water Pollution Prevention and Control Law, the Soil Pollution Prevention and Control Law, the Solid Waste Pollution Prevention and Control Law, the Noise Pollution Prevention and Control Law, and the Radioactive Pollution Prevention and Control Law. Those laws will be null and void when the Drafted Code comes into effect.2) Incorporating or reflecting the gist of the laws in the fields of ecological elements, ecosystems such as watersheds, regions, natural resources, biodiversity, etc., as well as ecosystem aspects and circular economy, energy saving (i.e., Book Three “Ecology Protection”). Those laws include, but are not limited to, the Forest Law, the Grassland Law, the Wetland Protection Law, the Yangtze River Protection Law, the Yellow River Protection Law, the Law on the Management of Sea Area Usage, the Mineral Resources Law, the Law on Prevention and Control of Desertification, the Law on the Promotion of Circular Economy, the Law on Renewable Energy Sources, etc. Such laws will remain effective when the Drafted Code comes into effect.3) Considering the legal requirements on subjects such as coping with climate change, carbon peaking and carbon neutrality, green and low-carbon development, etc., where there are no legislations yet (i.e., Book Four “Green and Low-Carbon Development”).
The opinion solicitation ends on June 13, 2025.