The “Several Provisions of the Supreme People’s Court on the Temporal Effectiveness of the Application of the Ecological and Environmental Code of the People’s Republic of China” were adopted at the 1980th Meeting of the Judicial Committee of the Supreme People’s Court on July 27, 2026, and are hereby promulgated, entering into force as of August 15, 2026.

Supreme People’s Court

August 5, 2026

Interpretation of the Supreme People’s Court No. 15 of 2026

Supreme People’s Court

Several Provisions on the Temporal Effectiveness of the Ecological and Environmental Code of the People’s Republic of China

(Adopted at the 1980th Meeting of the Judicial Committee of the Supreme People’s Court on July 27, 2026, and effective as of August 15, 2026)

In order to ensure the proper application of the Environmental Protection Code of the People’s Republic of China, the following provisions are hereby made with respect to the temporal effectiveness of the Code in the adjudication of environmental protection cases by the people’s courts.

Article 1: For ecological and environmental cases arising from legal facts occurring after the entry into force of the Ecological and Environmental Code, the provisions of the Ecological and Environmental Code shall apply.

For ecological and environmental cases arising from legal facts that occurred prior to the entry into force of the Ecological and Environmental Code, the provisions of the laws and judicial interpretations in effect at the time shall apply, unless otherwise provided by such laws or judicial interpretations.

Article 2: For civil cases concerning the ecological environment arising from legal facts that occurred prior to the entry into force of the Civil Code on Ecological Environment, where the laws and judicial interpretations in force at the time contained only general principles while the Civil Code on Ecological Environment provides specific provisions, the provisions of the then‑applicable laws and judicial interpretations shall apply; however, the reasoning of the judgment may be based on the specific provisions of the Civil Code on Ecological Environment.

Article 3: With respect to civil contracts concluded prior to the entry into force of the Environmental Protection Code, if, pursuant to statutory provisions or the parties’ agreement, the performance of such contracts extends beyond that date, disputes arising from the performance of the contract prior to the Code’s entry into force shall be governed by the laws and judicial interpretations in effect at that time; whereas disputes arising from the performance of the contract after the Code’s entry into force shall be governed by the relevant provisions of the Environmental Protection Code pertaining to the performance of contracts.

Article 4: Where a tortious act that occurred prior to the entry into force of the Environmental Protection Code continues after such entry into force, the provisions of the Environmental Protection Code shall apply to any civil dispute arising from that tortious act.

Where a tort occurred prior to the entry into force of the Ecological and Environmental Code, but the resulting harm arose after such entry into force, the provisions of the Ecological and Environmental Code shall apply in the following circumstances:

(1) Where the party responsible for soil pollution and the associated groundwater contamination cannot be identified, and the land user has failed to fulfill, in accordance with the law, its obligations to manage pollution risks and carry out remediation, thereby causing damage to the civil rights and interests of others, the provisions of Article 1066, Paragraph 1, of the Civil Code on Environmental Protection shall apply.

(2) Where an ecological and environmental technical service agency entrusted with engaging in ecological and environmental service activities violates statutory provisions and bears liability for the resulting environmental pollution or ecological damage, the provisions of Article 1067 of the Ecological and Environmental Code shall apply.

(3) Where a unit authorized to dispose of marine waste or a unit that generates industrial solid waste, in violation of legal provisions and failing to fulfill its obligations of verification and supervision, entrusts another party to carry out marine disposal operations or to transport, utilize, or dispose of industrial solid waste, the provisions of Article 1,068, Paragraph 1 of the Ecological and Environmental Code shall apply.

(4) Where, in violation of legal provisions, solid waste, radioactive waste, or articles contaminated by radioactivity originating outside the territory of the People’s Republic of China are imported into the territory, the provisions of Article 1068, paragraph 2, of the Environmental Protection Code shall apply.

(5) Other circumstances in which the provisions of the Ecological and Environmental Code shall apply.

Article 5. On the date of the entry into force of the Environmental Protection Code, if the period of limitation for civil litigation concerning environmental protection has not yet reached the three-year limitation period prescribed in Article 188 of the Civil Code, and a party seeks to invoke the provision in Paragraph 2 of Article 1054 of the Environmental Protection Code regarding a five-year limitation period, the people’s court shall grant such request.

Prior to the entry into force of the Environmental Protection Code, the three-year limitation period prescribed in Article 188 of the Civil Code had already expired. Accordingly, if a party seeks to invoke the five-year limitation period set forth in Paragraph 2 of Article 1054 of the Environmental Protection Code, the people’s court shall not grant such claim.

Article 6: After the Environmental Protection Code comes into force, when people’s courts hear civil public interest litigation cases concerning environmental protection, they shall apply the provisions of Article 1081 of the Environmental Protection Code regarding the burden of proof.

Article 7: After the Environmental Protection Code comes into force, where the people’s courts adopt injunctions as provisional measures against acts that pose a significant risk of environmental pollution or ecological damage, the provisions of Article 1,079 of the Environmental Protection Code shall apply.

Article 8: Where an unlawful act that occurred prior to the entry into force of the Ecological and Environmental Code has persisted in a continuous or ongoing state and terminates after such entry into force, the provisions of the Ecological and Environmental Code shall apply to any administrative case concerning ecological and environmental matters arising from that unlawful act.

Article 9: After the Environmental Protection Code comes into force, when people’s courts hear administrative cases involving environmental protection, they shall determine the applicable environmental laws, regulations, and rules in accordance with Article 1,057 of the Environmental Protection Code.

Article 10. Prior to the entry into force of the Ecological and Environmental Code, any branch institution established by the ecological and environmental authority of a prefecture-level people’s government may, in its own name, carry out on-site inspections, sealing, impoundment, performance by substitution, and administrative penalties. If, after the Ecological and Environmental Code comes into effect, an administrative counterpart files a lawsuit against such a branch institution or the competent authority, the people’s court shall accept the case in accordance with the law.

Following the entry into force of the Ecological and Environmental Code, branch offices established by the ecological and environmental authorities of prefectural-level people’s governments may, in their own name, carry out on-site inspections, impose sealing or seizure, order substitute performance, and impose administrative penalties. If a party subject to such administrative actions files a lawsuit challenging these measures, the branch office shall be named as the defendant.

Article 11: For ecological and environmental cases arising from acts of environmental pollution, ecological damage, or violations of green and low-carbon obligations that occurred prior to the entry into force of the Ecological and Environmental Code, the determination of legal liability shall be commensurate with the facts, nature, circumstances, and harmful consequences of such acts.

For unlawful acts such as environmental pollution or ecological damage that occurred prior to the entry into force of the Ecological and Environmental Code, if the offender has voluntarily eliminated or mitigated the harmful consequences, effectively implemented ecological and environmental restoration measures, or promptly paid compensation, administrative penalties imposed after the Code’s entry into force may, in accordance with Article 1056, paragraph 2, be subject to a lighter or reduced penalty.

Article 12: With respect to cases that have already been finally adjudicated prior to the entry into force of the Environmental Protection Code, the provisions of the Environmental Protection Code shall not apply if a party applies for retrial or if a retrial is ordered pursuant to the trial supervision procedure.

Article 13 This Regulation shall enter into force on August 15, 2026.

After the entry into force of these Provisions, first-instance and second-instance cases that have not yet been concluded by the people’s courts shall be governed by these Provisions.

( Reposted from: Nanjing Maritime Court)

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