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China to Regulate Ecological and Environmental Protection Behavior of Enterprises in Foreign Investment and Cooperation

Mon, 27 Dec 2021
Categories: China Legal Trends

On 12 Nov. 2021, China’s Ministry of Ecology and Environment released the proposed “Guidelines for Ecological and Environmental Protection in Foreign Investment and Cooperation Projects (Draft for Public Comment)” (hereinafter “the Guidelines”, 对外投资合作建设项目生态环境保护指南(征求意见稿)) for public opinions through 17 Nov. 2021.

The Guidelines proposes that enterprises should carry out an Environmental Impact Assessment (EIA) in accordance with the laws and regulations of the host country (region) and take reasonable measures to reduce the possible adverse impact.

If the host country (region) lacks relevant laws and regulations, Chinese enterprises are encouraged to adhere to the international common standards or Chinese standards to conduct EIA.

In addition, the Guidelines further strengthens the major responsibility of overseas enterprises for environmental protection through provisions such as improving the company’s environmental management system (Article 4), reporting ecological and environmental protection information (Article 22), and strengthening communication with local communities (Article 23).



Cover Photo by JD X on Unsplash

Contributors: CJO Staff Contributors Team

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