On 12 March 2026, China’s 14th National People’s Congress adopted the Ecological and Environmental Code (生态环境法典), consolidating over 30 previously separate environmental laws into a single framework. The Code enters into force on 15 August 2026 and has significant consequences for China’s agricultural sector and the regulatory role of the Ministry of Agriculture and Rural Affairs (MARA).
What the Code repeals - and what it does not
The Code directly absorbs and repeals ten laws, all previously under the Ministry of Ecology and Environment’s (MEE) jurisdiction. No law primarily administered by MARA is repealed. However, several laws central to MARA’s work, notably the Fisheries Law and the Wildlife Protection Law, are retained but substantively affected by new overarching principles and enforcement standards the Code introduces.
Green and low-carbon agriculture: now a statutory obligation
The Code’s Part IV on Green Low-Carbon Development is the most significant development for the agricultural sector. Its Article 947 moves green agriculture from a policy aspiration to a legal obligation: the state must promote green low-carbon development in agriculture and rural areas, accelerate green technology adoption, guide producers on rational input use, strengthen agricultural waste resource utilization, and give priority to ecological agriculture (生态农业). This provides a direct statutory basis for MARA’s organic farming, green food, and ecological certification frameworks.
Agricultural waste, inputs, and financing
The Code creates binding obligations on waste streams and inputs. Governments and their agricultural departments must guide producers on the proper handling of crop straw, agricultural plastic film, and input packaging, and encourage their resource-based utilization (Arts. 171 & 981). The use of pesticides, fertilizers, and veterinary medicines must be “scientific, rational, and safe,” and substandard waste is banned from agricultural land.
On financing, Article 170 requires all levels of government to budget for agricultural non-point source pollution control, aquaculture pollution, and rural soil remediation. This converts previously discretionary spending into an enforceable legal obligation.
MARA’s expanded co-regulator role
Beyond sector-specific provisions, the Code explicitly names MARA as a co-responsible authority across several functions:
1. Standard-setting (Art. 70): MARA co-issues environmental standards for pollution prevention, ecological protection, and green low-carbon development.
2. Cleaner production guidance (Art. 963): MARA co-publishes guidance catalogues for cleaner production technologies and equipment together with MEE and NDRC.
3. Monitoring and wetland protection: MARA carries out ecological environment monitoring within its mandate and shares responsibility for wetland management.
Key takeaways and implications
The Code represents a fundamental shift for China’s agricultural sector: for the first time, green and low-carbon agriculture is embedded in a comprehensive, code-level legal framework rather than addressed through scattered sector policies. For MARA, this means a comprehensive review of existing departmental rules and administrative regulations is now necessary to ensure alignment with the Code’s overarching principles on inputs, waste management, ecological farming, and rural energy.
For agricultural operators, including cooperatives, agribusinesses, and food processors, obligations on input use, waste handling, and pollution control are now legally enforceable under the Code’s upgraded penalty framework. Compliance should be assessed ahead of the 15 August 2026 entry into force date.
For international companies and partners, the Code’s strong emphasis on ecological agriculture, cleaner production, agricultural waste resource utilization, and rural renewable energy signals continued policy demand for green technologies and practices in China’s agricultural sector. These are areas where European, including German, expertise remains highly relevant.
Sources
National People’s Congress of China. 2026. Ecological and Environmental Code of the People’s Republic of China (中华人民共和国生态环境法典). Adopted 12 March 2026, entry into force 15 August 2026. Full text via MEE.
Li Hongzhong. 2026. Explanation of the Draft Ecological and Environmental Code (关于生态环境法典草案的说明). NPC session, 5 March 2026. Via Xinhua.
Author: Dr. Rita Merkle
