On March 12, 2026, the Fourth Session of the 14th National People’s Congress voted to adopt the ECOLOGICAL ENVIRONMENT CODE OF THE PEOPLE’S REPUBLIC OF CHINA, which will come into implementation on August 15, 2026. This Code consolidates several existing environmental laws and establishes a more systematic and stringent environmental protection framework for maritime commerce activities. Relevant enterprises should pay close attention to the following aspects:

1.Prevention of Marine Pollution

A dedicated section addresses marine pollution prevention. Vessel-source pollution is a primary focus: it explicitly prohibits the illegal discharge of pollutants, wastes, and ballast water into the sea (Article 380). Vessels must be equipped with anti-pollution facilities, hold valid certificates, and maintain truthful records of all pollutant-related operations (Articles 381, 386). It mandates the application of compliant fuel and requires shore-side power connection for vessels at berth where facilities are available (Articles 234, 235, 389). Penalties for illegal discharge and dumping, including operating without a permit or failing to maintain proper records, have been significantly increased (Articles 1152-1155).

2.Ecological Protection

The Code strengthens the protection of marine ecosystems and resources. It strictly protects natural coastlines, prohibiting illegal occupation or damage (Article 739). Critical ecosystems like coral reefs and mangroves are under special protection, with violators facing substantial fines (Article 1237). The development of islands, especially uninhabited ones, is strictly regulated to prevent damage to the island and surrounding marine ecology (Articles 743, 744).

3.Legal Liability

The liability provisions are particularly stringent. Specific fines are clearly stipulated for common violations, such as failing to properly record pollutant operations (Article 1154), lacking required anti-pollution documentation (Article 1154), failing to install vapor recovery units (Article 1120), and non-compliance with shore power requirements (Article 1154). For incidents causing major marine pollution, fines can reach up to 20 million yuan (Article 1236). Furthermore, the Code reinforces the system for ecological and environmental damage compensation and public interest litigation (Articles 1073-1075). Polluters face not only administrative penalties but also substantial civil compensation and obligations for ecological restoration. 

It is strongly recommended that shipping, shipbuilding, port, and marine development enterprises immediately review and upgrade their environmental compliance systems to align with the Code’s requirements.