“Ecological and Environmental Code” will take effect on August 15, 2026
On March 12, 2026, the Fourth Session of the 14th National People’s Congress voted to adopt the “Ecological and Environmental Code”. This is the second law bearing the title “Code” in China, following the “Civil Code”. Upon the entry into force of this Code, ten laws shall be simultaneously repealed. They are the “Environmental Protection Law”, “Law on Environmental Impact Assessment”, “Marine Environmental Protection Law”, “Law on the Prevention and Control of Air Pollution”, “Law on the Prevention and Control of Water Pollution”, “Law on the Prevention and Control of Soil Pollution”, “Law on the Prevention and Control of Environmental Pollution by Solid Wastes”, “Law on the Prevention and Control of Noise Pollution”, “Law on the Prevention and Control of Radioactive Pollution” and “Cleaner Production Promotion Law”.
Similar as the effect of the “Civil Code”, which, upon its implementation, simultaneously repealed nine laws including the “General Principles of the Civil Law”, the “General Provisions of the Civil Law”, the “Contract Law” and etc. The “Civil Code” integrates the content of the nine repealed laws, relevant judicial interpretations, and adds certain new provisions. Similarly, the “Ecological and Environmental Code” consolidates the vast majority of the content of the ten aforementioned laws and introduces new provisions. A brief overview of the Code follows.
- Structure
The Code consists of five parts: General Provisions, Pollution Prevention and Control, Ecological Protection, Green and Low‑Carbon Development, and Legal Liability, in which, Green and Low‑Carbon Development is a newly added dedicated part, which systematically regulates carbon peaking and carbon neutrality (dual carbon goals), circular economy, and cleaner production.
- Pollution Prevention and Control
This Part integrates the content of seven pollution prevention and control laws (air, water, soil, solid waste, noise, radioactive, and marine pollution), by which it breaks down the boundaries between pollution media. Key new additions include:
(1) Air Pollution Prevention and Control: To enhance supervision of mobile sources, including railway locomotives and non‑road mobile machinery; strengthen emission control for heavy‑duty trucks, ships, and construction machinery; and set special regulations on catering fume and malodorous pollution.
(2) Water Pollution Prevention and Control: To establish of a risk management, control, and remediation system for groundwater pollution.
(3) Soil Pollution Prevention and Control: To establish a system for the identification and tracking of soil pollution liability, clarifying the responsibilities of the government, enterprises, and third‑party institutions.
(4) Solid Waste Pollution Prevention and Control: To set mandatory recycling obligations for new energy vehicle power batteries, photovoltaic modules, waste plastics, etc. And establish an information platform for inter‑provincial transfer of solid waste and full‑process traceability.
(5) Noise Pollution Prevention and Control: To control noise in key areas such as urban rail transit, aviation, and construction.
(6) Radioactive and New Pollutant Prevention and Control: To set dedicated sections on new pollutants, light pollution, and electromagnetic radiation; establish a new pollutant inventory management system and full‑cycle regulation (risk assessment, control, and governance) of chemical substances.
(7) Marine Pollution Prevention and Control: To establish systems for marine ecological protection red lines, blue carbon sinks, and coastal wetland protection, in alignment with terrestrial ecological protection mechanisms.
- Ecological Protection
Key newly added provisions include: (1) To set systematic regulation of the principles, procedures, and key areas of ecological restoration activities. (2) To establish an invasive alien species prevention and control system. (3) To adopt the principle of integrated protection and restoration of mountains, rivers, forests, farmlands, lakes, grasslands, and deserts. And (4) To specify restoration procedures and standards for forests, grasslands, wetlands, oceans, mining areas, etc.
- Green and Low‑Carbon Development
This Part integrates relevant provisions from laws and regulations including the “Cleaner Production Promotion Law”, “Circular Economy Promotion Law”, “Energy Law”, “Energy Conservation Law”, and “Renewable Energy Law”. Unlike the Part on Pollution Prevention and Control, this Part only repeals the “Cleaner Production Promotion Law”; other energy‑related laws remain in force and their relevant provisions must still be complied with. Additionally, this Part establishes a system for controlling total carbon emissions and emission intensity, incorporates the dual carbon goals into national economic and social development plans, and clarifies statutory obligations for carbon reduction. This section incorporates content from the “Interim Regulations on the Administration of Carbon Emission Trading”, which came into force on May 1, 2024.
Overall, the legislative status of the “Ecological and Environmental Code” elevates environmental protection from mere pollution control to ecological conservation and the commercial transformation of ecological resources. In the future, the Part on Green and Low‑Carbon Development will offer significant scope for further research.