China China submitted the second draft Ecological and Environmental Code to the Standing Committee of the congress

China submitted the second draft Ecological and Environmental Code to the Standing Committee of the congress

An article recently published on China’s national congress’s website and other platforms reports that a second draft of pollution control provisions and penal provisions in the draft Ecological and Environmental Code of China was submitted to the Standing Committee of the congress Oct. 24, 2025 for deliberation. This draft covers two of the five parts, along with the supplementary provisions, that make up the entire environmental code.

The first draft of the code was submitted to the Standing Committee in April 2025. After that, public comments were solicited, and the second draft of the other three parts of the code was submitted in September 2025. These parts stipulate general provisions, provisions on ecological protection and provisions on green and low-carbon development, respectively.

Below are the important points of the latest draft of pollution control and penal provisions in the code.

 

Improvement of air pollution control measures

The draft aims to provide effective standards and control measures against air pollution. It stipulates standards development for volatile organic compound (VOC) pollution control, more effective control of air pollution from large freight vehicles, enhanced monitoring of air pollution from ships, comprehensive improvement of at-source pollution control, and important measures to understand the shortcomings of current pollution control measures and accurately address actual issues.

The draft uses the phrase “raw and auxiliary materials and products containing volatile organic compounds” instead of “organic solvents” used in the Air Pollution Prevention and Control Law1 to expand the regulatory scope for effective pollution control.

 

Detailed provisions on water pollution control

The draft have more granular provisions on water pollution control than the earlier draft. It introduces provisions on ground water assessment, and increases the control of water pollution from ships navigating inland waters.

 

Proportionate penalties without excessive punishment

In deliberations on the earlier draft, a member of the Standing Committee of the congress pointed out that the situation of environmental pollution was complicated, and penalties for environmental violations should be proportionate. The latest draft better follows the principle of proportionate penalties, with fines adjusted accordingly. These changes are important to avoid excessively heavy or light punishment for the severity of violations. They would allow flexibility in law enforcement.

 

Strict measures against document and data falsification

The draft includes strict measures against falsification in vehicle and ship emission inspections, penalties for fabrication and falsification of monitoring data and other violations, and heavier penalties for falsified reports and other falsifications by environmental bodies.

 

Full text of the article on the draft (in Chinese) is available here:
http://www.npc.gov.cn/npc/c2/c30834/202510/t20251025_448656.html

 

1 大气污染防治法

Author / Responsibility

LIU Yake

Researcher, Research & Consulting Dept. EnviX Ltd.

Business Performance

worked as a research assistant at Department of Environmental Planning and Management, School of Environment, Tsinghua University for 4 years, and then joint in Envix in April, 2022, currently is mainly responsible for consulting on EHS regulation compliance in East Asia.

Background

MA, Environmental Econimics, Hiroshima University

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