The Ecological and Environmental Code is about to be implemented, and corporate compliance needs to be planned in advance

Hello friends, in this spring full of vitality, we finally have the passage of the Ecological and Environmental Code of the People's Republic of China (hereinafter referred to as the "Ecological and Environmental Code")! This is the second law named after the "Code" in my country after the Civil Code, which means that my country's ecological and environmental protection has opened an era of "codification".

(Photo source: Beijing Daily Weibo, intrusion and deletion)

On the afternoon of March 12, 2026, the Fourth Session of the 14th National People's Congress voted to adopt the "Ecological and Environmental Code of the People's Republic of China." The code has 5 parts and 1,242 articles in total. Each part is in order: general principles, pollution prevention and control, ecological protection, green and low-carbon development, legal responsibilities and supplementary provisions.

1.General Provisions: Legislative purpose, basic principles, regulatory system, public participation, etc.

2.Pollution Prevention and Control: Atmosphere, water, soil, solid waste, noise, chemicals, light pollution, electromagnetic radiation, etc.

3.Ecological protection section: land space, biodiversity, watersheds, oceans, nature reserves, ecological restoration, etc.

4.Green and low-carbon development (independent, major innovation): circular economy, energy conservation, green transformation, climate change response, "dual carbon" system

5.Legal responsibilities and supplementary provisions: penalties, connection, effectiveness, etc.

The "moderate codification" model adopted by the "Ecological and Environmental Code" involves the abolition of all existing legislation, partial retention, and establishment of new legislation. It will also have a major impact on the existing ecological and environmental law enforcement system and judicial system. The code will come into effect on August 15, 2026. At the same time, 10 laws including the Environmental Protection Law and the Environmental Impact Assessment Law will be abolished at the same time.

Why compile the Ecological Environment Code?

• The compilation of the "Ecological and Environmental Code" is a major political and legislative task assigned by the Party Central Committee with Comrade Xi Jinping as the core
• Judging from the actual situation, my country’s economic and social development has entered a stage of high-quality development that accelerates greening and low-carbonization. It is necessary to use the strictest system and the strictest rule of law to protect the ecological environment and promote green development.
• From the perspective of rule of law construction, ecological and environmental legislation used to be decentralized in the past, and there were problems such as duplication and incoordination.

How was the Ecological Environment Code compiled?

1.All 10 laws have been included in the compilation and revision. After the codification and promulgation of the code, the Environmental Protection Law, Environmental Impact Assessment Law, Cleaner Production Promotion Law, etc. will no longer be retained.

2.The main points and principles of more than 20 laws were selected to be incorporated or reflected. After the codification of the code, the Forest Law, Grassland Law, Yangtze River Protection Law, etc. will continue to be retained.

3.In the absence of specific laws, some principled and leading provisions should be made to reflect the contemporary and forward-looking nature of the code.

These regulations mainly deal with climate change, carbon peak carbon neutrality, green and low-carbon development, etc.

What contents in the "Ecological and Environmental Code" are closely related to life?

• Air pollution prevention and control: It is prohibited to burn straw, fallen leaves and other substances that generate smoke and dust pollution in the open air around airports in densely populated areas, near traffic arteries, and in other areas and specified periods designated by people's governments at or above the provincial level.
• Water pollution prevention and control: It is prohibited to discharge oil, acid, alkali, and highly toxic waste liquid into water bodies; it is prohibited to discharge industrial wastewater or medical wastewater into farmland irrigation channels
• Prevention and control of solid waste pollution: It is prohibited to dump, pile, throw, scatter or burn domestic waste at will
• Management and control of chemical pollution risks: Relevant national and local departments strengthen the management and control of chemical pollution risks

What are the consequences for violating the Ecological Environment Code?

On the basis of current legal provisions, in response to new situations and new issues in law enforcement and justice in the field of ecological environment, we will adopt methods such as translation, merging, connection, and promotion to scientifically and rationally set up legal responsibilities

• Scenario 1: Spraying highly toxic and highly toxic pesticides on trees and flowers in densely populated areas, or burning straw, fallen leaves and other substances that generate smoke pollution in the open air in areas and periods where burning is prohibited

      Consequences: The supervision and management department determined by the local people's government at or above the county level shall order corrections and may directly impose a fine of not less than 500 yuan but not more than 2,000 yuan.

• Scenario 2: The enterprise fails to comply with the requirements of environmental risk management and control measures for prohibiting or limiting new pollutants under key controls, and produces or imports chemical substances in the “List of New Pollutants under Key Control”

     Consequences: The competent department of ecology and environment or other departments responsible for the supervision and management of the production, import, and use of chemical substances shall order corrections according to the division of responsibilities and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; those who refuse to make corrections shall be fined not less than 500,000 yuan but not more than 1 million yuan, and ordered to restrict production, suspend production for rectification; if the circumstances are serious, they shall be reported to the People's Government with the authority to approve and ordered to suspend business or close down.

As the basic law in the field of ecological environment, the "Ecological Environment Code" unifies legal systems such as pollution prevention and control, ecological protection, and green and low-carbon development into the legal framework to achieve institutional integration and system optimization in the field of ecological environment. At the same time, the adoption of the Code marks that my country's ecological and environmental protection has entered a new stage led by "green and low-carbon development". If you look closely at the content of the code, you will also find that the code has detailed regulations and controls on noise, light pollution, chemical substances, persistent organic pollutants, etc., and also imposes separate penalties for violations or unreasonable phenomena and activities, building a life-line of defense to protect human health, and embodying the law's protection of the dignity of life.

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