From May 23 to 29, 2024, a six-member delegation from the Legislative Affairs Commission (LAC) of the Standing Committee of the National People’s Congress (NPC) visited Germany and Italy. The theme of the study tour was combating environmental pollution in the context of codifying China’s environmental legislation.
Chinese Interest in the Topic:
Since the implementation of the reform and opening-up policy in 1978, China has undergone rapid economic and social transformation, lifting approximately 850 million people out of poverty. However, this transformation has also led to increasing environmental pressures. For decades, China has faced significant challenges related to air, water, and soil pollution, as well as water shortages, soil erosion, and a loss of biodiversity.
In response, since the 1980s, China has enacted numerous environmental laws, such as the Marine Environmental Protection Law (1982) and the Forest Law (1984). A milestone was the adoption of the first Environmental Protection Law in 1989. Recently, a legal framework known as “1+N+4” has emerged, which includes the revised Environmental Protection Law of 2015, various laws addressing specific environmental areas, and four regional laws. Significant improvements have already been observed in many areas. However, as these laws were often created in response to individual issues or crises, a systematic overarching concept is lacking. This has resulted in a complex web of environmental laws in China, characterized by legal contradictions and ambiguities, which hinders their coherent and effective implementation.
Against this backdrop, the NPC set a goal in 2023 to comprehensively revise and codify China’s environmental laws. In this reform, the LAC, which leads the process, is incorporating international experiences, particularly from Germany and Europe.
To promote the understanding of German and European environmental law and contribute to the protection of global public goods, the Sino-German Legal Cooperation Programme of the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, on behalf of the German Federal Ministry for Economic Cooperation and Development (BMZ), organized a study trip on the topic in may 2024. The focus of the trip was the legal framework for environmental protection. The high-level delegation, led by Liang Ying, comprised six experts and senior officials from the LAC, who are tasked with drafting the Chinese Environmental Code.
The delegation’s first stop was Berlin, where they met with Dr. Christof Sangenstedt, who played a key role in the Environmental Code (UGB) project during the 16th legislative period, commissioned by the German Federal Ministry for the Environment. During the meeting, the delegation gained insights into the historical development of the UGB, which aimed to unify the originally sectoral regulations in environmental law to eliminate uncertainties in legal application. Dr. Sangenstedt also explained the reasons for the failure of the UGB project, attributing it primarily to disputes over integrated project approval, concerns about stricter permits, the loss of individual regulations, and inter-ministerial power conflicts. In addition to the historical analysis, key aspects such as environmental impact assessments, public participation, and a well-qualified administrative organization were highlighted to ensure the practical applicability and public acceptance of environmental laws.
The next day, the delegation visited the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMUV) in Berlin. Liang emphasized the importance of incorporating German solutions into the Chinese draft law and the relevance of European best practices. The Codification is one of the most significant legislative undertakings in China over the past 25 years. During a technical discussion with Mr. Sauer from the BMUV, the delegation gained insights into the organizational structure of the ministry and Germany’s environmental policies at the national and international levels. Significant elements of the Environmental Code were discussed, with explanations provided that many regulations had been implemented through amendments despite the failure of the UGB project. Current challenges were also addressed, particularly the acceleration of approval processes, digitization, and achieving climate neutrality. In the subsequent Q&A session, the focus was on the disposal of waste products from renewable energy facilities and car batteries, producer liability under the polluter-pays principle, and measures to protect against electromagnetic and nuclear radiation. Current issues in Germany, such as biodiversity protection, agricultural land use, natural climate protection, and climate adaptation legislation, were also discussed, as these topics are of great relevance in China as well.
At the next meeting, held at the GIZ Representation in Berlin, the delegation met with Mr. Peter Rottner from the German Federation for the Environment and Nature Conservation (BUND). Peter Rottner provided detailed insights into the history and challenges of environmental legislation from the perspective of environmental protection organizations. He explained that despite the failure of the UGB, many proposals had been incorporated into other laws, such as the legal standing of environmental organizations in nature conservation lawsuits. Mr. Rottner further explained how the Aarhus Convention and its implementation in German environmental law have strengthened access to environmental information, public participation, and the ability of environmental organizations to initiate legal actions. This has led to better compliance with environmental regulations and significantly reduced the need for state oversight. The second part of the discussion focused on water law. Mr. Rottner emphasized the importance of the Water Framework Directive (WRRL) and its goal of bringing water bodies to a good ecological status and preventing further deterioration. The meeting also highlighted the role of environmental organizations as “caretakers,” actively participating in the review of administrative decisions and thus contributing significantly to environmental protection. During the concluding Q&A session, the delegates showed great interest in the legal standing of environmental organizations, the requirements for such actions, and the success rates of legal proceedings.
In their final meeting in Berlin, the delegation met with Professor Gerd Winter from the University of Bremen. Professor Winter was a key figure in the drafting of the UGB Commission’s 1997 proposal. He began by addressing fundamental questions in the codification process and the actors who should be involved in the deliberations. Professor Winter outlined the primary objectives of codification and explained basic concepts such as the environment, ecology, and green development. He also emphasized the relationship between environmental protection and economic development as a central focus. A topic of particular interest to the delegates was the “dual movement” concept formulated by Professor Winter, which starts with a solid understanding of sectoral environmental laws and leads to the recognition of which aspects of these special laws should be reflected in the general part of a legal code. It was stressed that each law must first identify the main problems in order to select appropriate instruments to solve them in a second step. In addition, Professor Winter provided insights into how to deal with emerging aspects of environmental protection and the political challenges that codification may entail. Finally, Professor Winter gave an overview of German waste law, illustrating it with concrete examples.
The delegation then traveled to Munich, where they visited the Bavarian State Ministry for the Environment and Consumer Protection and held a technical discussion with Mr. Hoelscher-Obermaier, Ms. Drexel, and Mr. Henzler. After introductory remarks by Mr. Hoelscher-Obermaier, in which he emphasized the importance of cooperation between Germany and China, Ms. Drexel provided the delegation with a comprehensive overview of German radiation protection law, particularly the legal framework derived from national legislation and other regulations. It was noted that radiation protection law is also influenced by European law and that implementation is carried out through national legislation. The key structural framework of the Radiation Protection Act and its central provisions were explained. Environmental monitoring was highlighted as being of particular importance, ensuring that radiation levels do not exceed permissible maximum limits across the country. The session concluded with a presentation on radioactive emergency protection and various reference scenarios, as well as a discussion on international cooperation in radiation protection. The delegation’s questions focused primarily on the challenges of radiation protection in the energy transition, monitoring residual radiation from decommissioned nuclear power plants, the distribution of responsibilities between the federal and state governments in the event of a disaster, and the requirements for environmental impact assessments when approving nuclear facilities.
In their final meeting in Germany, the delegation met with Professor Martinez from the University of Göttingen. The main topic of the discussion was German emissions protection law, and the scope of its application was initially outlined. Professor Martinez explained that emissions protection law is based on a European directive, which has been transposed into national law. The purpose of the law was defined, as was the distinction between emissions and immissions. The discussion also addressed the dangers of exceeding limit values under emissions protection law, and the event-related emissions protection was introduced alongside product-, traffic-, and area-related emissions protection. Since the delegates had already expressed a keen interest in light pollution, which is also highly relevant in China, Professor Martinez provided an extensive overview of this issue and outlined the associated challenges. The delegates’ questions focused mainly on the effectiveness of the presented technical guidelines (e.g., TA-Luft), the concentration effect of the Federal Immission Control Act in the approval process for projects, and the legal distinction between facilities that require approval and those that do not.
The delegation then continued their trip to Italy. In Rome, they first met with representatives of LUMSA University, members of the Italian Ministry for the Environment, and the presidents of two major environmental protection organizations. According to Professors Pappano and Farì of LUMSA University, the concept of “environmental protection” gained increasing importance in Italy, especially since the late 1960s. Italy has established a codified environmental law aimed at eliminating the fragmentation of environmental regulations. Italy has enacted the “Consolidated Environmental Text” (Testo Unico Ambientale, TUA), which is referred to as the “Environmental Code.” Mr. Di Scipio and Mr. Giordano from the Italian Ministry of the Environment and Energy Security emphasized the relevance of climate and energy policies, particularly the importance of national plans for reducing emissions. In 2024, Italy is increasingly focusing on renewable energy, supported by simplified procedures for facility construction. They also highlighted the principles of precaution, prevention, and sustainable development. Mr. Laporta from the Institute for Environmental Research (ISPRA) explained its role in assessing environmental impacts. Mr. Gizzi from the national environmental service enterprise registry explained that registration in the registry authorizes companies to dispose of and transport waste. Discussions focused on integrating various laws into a unified code to resolve legal conflicts in Italy’s environmental legislation.
On the second day in Rome, the delegation first visited the environmental organization Legambiente, which was founded in 1980. Mr. Fontana, head of the National Observatory for the Environment and Legality, presented Legambiente’s main goals, including scientific environmental protection and the promotion of a green and circular economy. He also discussed key topics such as climate change, biodiversity protection, and combating marine litter. Finally, he informed the delegation about Legambiente’s thirty-year commitment to combating environmental crime and promoting criminal environmental protection. The delegation’s questions focused mainly on the role of environmental organizations in environmental legal proceedings.
During a visit to the regional environmental agency ARPA Lazio, which is responsible for monitoring environmental impacts in the Lazio region, key aspects of its work were presented. Ms. Sangiorgi explained the monitoring of water resources and emphasized the evaluation of ecosystem integrity as a priority. Ms. Lucci and Ms. Marinelli presented methods for continuous air quality monitoring and the identification of areas exceeding limit values. Mr. Costa discussed the remediation of environmental damage sites and the “polluter pays” principle. Finally, Mr. Cherubini explained ARPA’s role in monitoring and controlling various environmental impacts and the scientific and technical support provided in approval and evaluation processes.
During their visit to the law firm “PedersoliGattai,” the delegation gained insights into environmental legal practice in Italy through lawyer Mr. Trevisan. He provided a detailed discussion on the specific procedures for environmental litigation, the legal and practical challenges typically encountered when initiating such lawsuits, and the role lawyers usually play in this context.
We sincerely thank all the individuals and organizations involved for their hospitality and the highly professional and knowledgeable discussions.