The Environmental Protection Law at China’s environmental legislative system
China’s system of environmental legislation is established based on the Environmental Protection Law of the People’s Republic of China that was enacted in 1989. Under this law, other separate laws have been enacted for controlling pollution. Some of these laws are as follows:
China updated the Environmental Protection Law in 2015. This was the first major revisions. The revised law includes stricter punishments on polluters. It also allows non-governmental organizations to file environmental lawsuits against violators. The National People’s Congress revised other laws, including the Law on the Prevention and control of Air Pollution in 2018 and the Law on the Prevention and Control of Water Pollution in 2017. The Congress also adopted the Law on the Prevention and Control of Soil Pollution on August 31, 2018.
Law of the People’s Republic of China on the Prevention and Control of Air Pollution was enacted in 1987 and amended in 1995, 2000, 2015 and 2018. This Law is formulated in order to prevent and control atmospheric pollution, protect and improve people’s environment and the ecological environment, safeguard human health, and promote the sustainable development of economy and society. The concentration of the discharged pollutants may not exceed the standards prescribed by the State and local authorities. The quality standards for products containing volatile organic compounds, such as coal, petroleum coke, biomass fuel, and coatings, fireworks and firecrackers, boilers, etc., are developed and the atmospheric environment protection requirements are specified.
The environmental legislative framework to protect the air pollution is as follows.
Law of the People’s Republic of China on the Prevention and Control of Air Pollution
Law of the People’s Republic of China on the Prevention and Control of Water Pollution is formulated in order to prevent and control water pollution, protecting and improving the environment, and safeguarding the safety of drinking water.
The environmental legislative framework to protect the water pollution is as follows.
Law of the People’s Republic of China on the Prevention and Control of Water Pollution
Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste is the national primary law governing municipal and industrial waste management. This law lays out basic requirements for solid waste disposal for industrial facilities. It requires the specified facilities to get approval from the local environmental protection bureau for waste disposal plans prior to construction. The bureaus are also responsible for issuing permits for the collection, storage, and disposal of hazardous waste.
The environmental legislative framework on waste management is as follows.
Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste
Industrial chemicals are mainly regulated by the following regulations in China:
“Decree of the State Council No 591 Regulations on Safe Management of Hazardous Chemicals”
“Order of the Ministry of Environmental Protection No. 7 Environmental Management of New Chemical Substances”
Pursuant to article 15 of the Decree No 591, manufacturers of hazardous chemicals shall provide safety data sheet on the hazardous chemicals that are produced, post or affix a chemical safety label on the package. The contents in safety data sheet and chemical safety labels should meet the requirements of relevant national standards. The relevant standards in China are as follows:
On April 29, 2020, the Ministry of Ecology and Environment of the People’s Republic of China (MEE) issued the final Measures on Registrations of New Chemical Substances for Environmental Management under Ministry Order No. 12. The new Measures replaces the current 2010 version and comes into force on January 1, 2021, when the Order No.7 will be repealed.
Same as the current version, the new Measures require manufacturers and importers to register new chemical substances with MEE before placing the new chemical substances on the Chinese market. They also introduce a notification process for new uses of existing listed substances.
Law on the Safety of Hazardous Chemicals (Revision draft for solicitation of comments)
In order to strengthen the safety management of hazardous chemicals, prevent and reduce hazardous chemical accidents, the Ministry of Emergency Management organized the consultation on the draft of the “Law on the Safety of Hazardous Chemicals”, which had been open to the public comments until 1 November, 2020. If approved, it will replace Decree No. 591.
The draft law is applicable to the safety management of the production, storage, use, operation, transportation and disposal of hazardous chemicals. It consists of 11 chapters (Article 137), and based on the lessons learned from the explosion accident, “Safety of hazardous chemical disposal” etc. was added to clarify the responsibility for safety supervision of the disposal (Disposal safety). The State implements a hazardous chemical registration system.
Framework of EHS laws and regulations in China.
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China Chemical Safety Association on June 16 released two sets of safety standards for the chemical industry, both effective immediately: Guide for Safe Production Information Management in Chemical Enterprise (T/CCSAS010—2021) …
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China’s Ministries of Industry and Information Technology, Science and Technology, Finance, and Commerce on June 9 issued a circular on a plan for a pilot program to implement automotive product …
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On May 30, China’s Ministry of Ecology and Environment published on its website the Guiding Opinions on Enhanced Control of Ecological and Environmental Pollution Sources for Energy- and Emission-intensive Construction …
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On May 24,2021, the Ministry of Ecology and Environment of China gave an answer to the question related to the storage methods of VOC containing materials in coating industry on …
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China’s State Council on May 28th revealed six substances added to the Catalog of Classification and Types of Precursor Chemicals (易制毒化学品的分类和品种目录) in accordance with Article 2 of the Regulation on …
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China’s permanent representative to the United Nations on June 17 deposited the country’s instrument of acceptance with the UN Secretary-General. The amendment enters into force in China on September 15 …
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China’s Ministry of Emergency Management on May 26 published a draft circular on stricter safety control of ammonium nitrate to solicit comments. Public comments will be accepted until June 27, …
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China’s Ministry of Ecology and Environment on June 4 issued a circular on operations to implement a ban on the production and use of hexabromocyclododecane (HBCD) under the Stockholm Convention …
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On April 29, 2021, State Administration for Market Regulation of China released drafts of 2 recommended national standards GB/T, “Biodegradable drinking straws” and “Degradability and identification requirements of biodegradable materials …
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On May 11, 2021, the State Council of the People’s Republic of China (PRC) issued the “Notice on the Reform Implementation Plan for Hazardous Waste Management Supervision and Utilization Capacity” …
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On June 11, 2021, the 2021 amendment of “Law of the People’s Republic of China on Work Safety” (hereinafter abbreviated as “2021 amendment”) was promulgated. And the amendment will come …
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China National Institute of Standardization on June 4 published recommended national standards called the Workpiece Machining Energy Consumption Limit Setting Method (draft for comments) (the “Standards”; 机械加工制造过程工件能耗限额制定方法 (征求意见稿)). This draft …
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China’s National Medical Products Administration on May 28 issued the List of Banned Cosmetic Ingredients (化妆品禁用组分) and the List of Banned Botanical (Animal-derived) Cosmetic Ingredients (化妆品禁用植 (动) 物组分), both of …
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On June 2, 2021, China’s Ministry of Emergency Management released the “Measures for grading construction of occupational safety and health management system ” (draft for soliciting opinions) and began soliciting …
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The Civil Aviation Administration of China in May announced the Plan for Civil Aviation Plastic Pollution Control Measures 2021–2025 (民航行业塑料污染治理工作计划 (2021–2025年)). The total number of passengers in China’s civil aviation …
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China’s National Development and Reform Commission and State Administration for Market Regulation on May 17 published five sets of revised Energy Efficiency Labeling Implementation Rules (the “Rules”; 能源效率标识实施规则) for small …
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In April. 2021, the Ministry of Ecology and Environment of China added a total of 319 chemical substances into the “List of existing chemical substances” in two times. The reasons …
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On April 22, 2021, the Department of Ecology and Environment of Guangdong Province released the “Provisions on inquiry work of Department of Ecology and Environment of Guangdong Province” (hereafter referred …
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On January 4, 2021, the China Standardization administration released a collective standard “Specification for information disclosure for extended producer responsibility of electric and electronic producers”. The standard will take effect …
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On April 19,2021, the Beijing Municipal Ecology and Environment Bureau released “Regulations on classification of ecological environmental penalty and management of publicity period in Beijing (2021 Edition)” (hereinafter referred as …
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On April 9, 2021, Department of Ecological Environment of Shandong Province issued the “Implementation opinions (trial) on the ‘Regulations on the administration of pollutant discharge permits’ ” (hereinafter referred as …
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On May 7, 2021, Ministry of Ecology and Environment of China released the “Guidelines for screening of priority assessment chemical substances ” (Draft for comments) and began soliciting comments from …
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On April 22, 2021, Ministry of Ecology and Environment of China exposed an illegal sewage discharge by a company in Henan Province on its official website, which was found by …
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On April 25, 2021, the Solid Waste and Chemicals Management Center MEE released the answers to the frequently asked questions(FAQ) related to the “Environmental management registration of new chemical substances” …
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China’s Ministry of Ecology and Environment on May 8 published an article that describes the details and penalties of seven cases of automated monitoring regulation violations, including fabrication of data, …
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On April 28, 2021, the Ministry of Ecology and Environment released the “Announcement on emission factors and material balance methods for calculating the taxable pollutants of environmental protection tax”. The …
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The Fujian Provincial Department of Ecology and Environment on April 23, 2021 published an article on some enforcement cases of the Regulations on Pollutant Discharge Permit Management (排污许可管理条例; the “Regulations”). …
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State Administration for Market Regulation of China issued a WTO/TBT notification on April 8, 2021 on the proposed revision to the mandatory national standard “Minimum Allowable Values of Energy Efficiency …
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On March 26, 2021, the Ministry of Ecology and Environment of P.R. China released the “Guidelines for verification of corporate greenhouse gas emission report” (Trial). In order to standardize the …
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On April 1, 2021, the Ministry of Transport of P.R. China released the “Regulations on the administration of road transportation of dangerous goods (Revised draft for comments)” on its homepage. …
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On January 18, 2021, China National Resource Recycling Association(CRRA) released the group standard ” General guidelines for the evaluation of plastic products’ easy-to-collect & easy-to-recycle design” (T/CRRA 0302-2020). The standard …
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On March 30, 2021, one of China’s state-run think tanks, the Xinhua Outlook Research Institute, released its “2021 Annual Survey Report on Trade-in of Home Appliances”. In this report, it …
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China’s Ministry of Ecology and Environment on March 17, 2021 published a proposed third addition to the Inventory of Existing Chemical Substances in China (IECSC), which contains 204 substances, including …
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On March 25, 2021, State Administration for Market Regulation of China released the “2021 National Supervision and Sampling Inspection Plan for Product Quality”. The inspection will focus on consumer products …
China
On April 7, 2021, State Administration for Market Regulation of China made a WTO/TBT notification on the proposed revision to the mandatory national standard “Minimum Allowable Values of Energy Efficiency …
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On March 3,2021, the Safety Committee Office of State Council of P.R. China released the “Assessment measures for the production safety accident prevention and implementation of rectification measures” (hereafter refereed …
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Beijing Municipal Administration for Market Regulation released a local standard “Technical specification for grid monitored ambient air particulate matter assessment” (DB11/T 1819-2021) On March 29, 2021. The standard will take …
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On March 31,2021, four administrative agencies, including Ministry of Industry and Information, Ministry of Commerce and etc. of P.R. China jointly released “Notice on implementing new energy vehicles going to …
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The Development and Reform Commission and the Department of Ecology and Environment of Jilin Province, China on April 7, 2021 published the “Main Points of Plastic Pollution Control Measures for …
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China’s Ministry of Ecology and Environment on March 30, 2021 published the “Provisional Regulations on Carbon Trading Management (revised draft)”. This draft is open for public comments until April 30, …
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On March 19, 2021, the Ministry of Emergency Management and Work Safety Committee of China jointly released two typical crackdown cases of the connection between administrative enforcement of law and …
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The Department of Ecology and Environment of Jiangsu Province, China on March 18, 2021 published information on 10 notable cases of environmental regulation breaches subject to law enforcement and punishment …
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Based on the “Measures on new chemical substance environmental management registration” (Ecology and Environment Order No.12, hereafter as Order No.12), the Ministry of Ecology and Environment will reissue new chemical …
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On February 4, 2021, Shanghai Municipal Government Office announced the “Implementation Plan for Accelerating the Development of New Energy Vehicle Industry in Shanghai (2021-2025) “. The plan clearly outlines the …
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“Pollutant Discharge Permit Management Ordinance” (State Council Decree No. 736) was officially released on January 24, 2021 and came into effect on March 1, 2021.Pollutant discharge unit must apply for …
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On March 12, 2021, Fujian Provincial Department of Ecology and Environment, the Department of Public Security and the People’s Procuratorate jointly released the “Guidelines for Handling Environmental Pollution Crime Cases …
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Many customs offices across China reported that they detected paint products exceeding VOC content limits of reviewed national standards (GBs) during inspections from January through March 2021. Here are some …
China
Four Chinese government bodies, including the Ministry of Finance on March 22, 2021 published the Circular on Adjustments to the Subsidies for the disposal of Waste Electrical and Electronic Equipment. …
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The Hainan Provincial Development and Reform Commission on March 2, 2021 issued a Circular on Electric Vehicle Charging Infrastructure Construction in 2021 (the “Circular”). It conveys the province’s resolution to …
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The Department of Commerce of Jiangxi Province, China on February 1, 2021 issued the Measures of Jiangxi Province on the Qualification of Scrap Vehicle Recycling and Dismantling Companies (the “Measures”) …
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