This Code aims to protect the ecological environment, prevent pollution, protect public health and ecological environment rights and interests, maintain ecological safety, promote green and low-carbon development, build an ecological civilisation, comprehensively promote the construction of a beautiful China, accelerate the modernisation of harmonious coexistence between man and nature, and realise the sustainable development of the Chinese nation. It contains 1242 articles over five parts: -
- Part I on General Principles, including general principles and fundamental regulatory schemes, including planning, monitoring, environmental impact assessment, and information disclosure and public participation;
- Part II on pollution control;
- Part III on ecological protection;
- Part IV on green and low-carbon protection, which contains specific provisions on climate change adaptation and mitigation; and
- Part V on Legal Liability and Supplementary Provisions.
The Code incorporates 10 existing environmental statutes, including the Environmental Protection Law, the Law on the Prevention and Control of Air Pollution, the Cleaner Production Promotion Law, and others, which will now be repealed following the entry into force of this Code on 15 August 2026.
Crucially, the Code introduces a general statutory framework for climate governance.
Part IV (Articles 938 to 1051) focuses on activities related to green and low-carbon development, such as the development of the circular economy, energy conservation and green low-carbon transformation, and the response to climate change. These activities cover the areas of economic and social development, spatial planning, industrial structures, modes of production and a green lifestyle.
Article 942 states: The State shall adopt policies and measures to actively respond to climate change, control and reduce greenhouse gas emissions, actively and steadily promote carbon peaking and carbon neutrality, enhance the ability to adapt to climate change, and raise the awareness of the whole society to cope with climate change.
Other provisions outline how the State shall promote the green and low-carbon transformation in various industrial sectors, including steel, non-ferrous metals, petrochemical, chemical, building materials, papermaking, printing and dyeing and other industries, as well as other sectors, namely transport, buildings, and agriculture. The State shall also establish green low-carbon product standards, optimise investment mechanisms, strengthen research and strengthen international cooperation. There are also State obligations in respect of promoting recycling, energy conservation, green design and manufacturing, and public education on green consumption.
Articles 1025 to 1051 are dedicated to climate change mitigation and adaptation. These Articles cover the responsibilities of various state agencies, with the Ministry of Ecology and Environment responsible for the national response to climate change and the National Development and Reform Commission (NDRC) (the third-ranked ministerial-level cabinet department of the State Council of China) responsible for the management and coordination of the work contributing to the national carbon peak and carbon neutrality targets.
These Articles also set out initiatives that the State shall develop in respect of climate change, including carbon accounting, a compulsory national carbon emissions rights trading market, a voluntary national greenhouse gas emissions reduction trading market, regional adaptation measures, an early warning and assessment system of climate-induced disasters and the assessment of climate change health risks and public health adaptation actions. The State shall also actively participate in global climate governance and adhere to the principles of common but differentiated responsibility, the principle of fairness and the principle of respective capabilities.
These provisions concern the creation of plans:
- Article 1032 mandates the State to fully integrate the requirements of the carbon neutrality target into the national development plan and to promote climate change mitigation through the carbon peaking and carbon neutrality targets.
- Article 1034 mandates the NDRC to prepare the national carbon peaking and carbon neutrality action plan and organise its implementation, alongside relevant ministries.
- Article 1041 mandates the provincial, autonomous region and municipality governments to formulate action plans for climate change adaptation for their administrative regions and organise their implementation.
