1-1 Formulation and enforcement of China's legislation for sustainable development A. Enactment and Amendment of Laws for Sustainable Development in China B. Investigation and Enforcement Measuses of Legislation for Sustainable Development in China 1-1a Enactment and Amendment of Laws for Sustainable Development in China Project Scope and Relationship to China's Agenda 21 This project seeks to formulate legislation supporting sustainable development; to incorporate sustainability principles into laws and regulations related to environmental and natural resource protection; and to develop legislation to fulfill China's international obligations in terms of environmental treaties and conventions. This project is based on China's Agenda 21 programme area 3A and is also related to areas 2A and 3B. 1. Background Legislation concerning sustainable development is a fundamental part of the process of making policies and measures on sustainability into practical actions. The Chinese Government attaches importance to the legal requirements for sustainable development. In the past, four environmental laws, eight natural resource protection laws, more than 20 administrative decrees for pollution prevention, and 312 environmental standards have been promulgated. However, many gaps remain in the current legal system, especially with respect to sustainable development. For example, in the field of environment and resources, there is no appropriate legislation on solid wastes pollution prevention, management of hazardous wastes and toxic chemicals, radioactive pollution prevention, and sustainable management of natural resources. Chinese legislation also faces the problem of coordination and consistency with international treaties and conventions. Although China has signed more than 20 international treaties on environment and resources, the domestic legislation to implement these treaties has not yet been enacted. As China is also striving for membership of GATT, it is important that any new legislation is consistent with GATT requirements. Most of the Chinese laws relevant to sustainable development were promulgated in the 1980s on the basis of a planned economic system. Now that China is moving towards a market-based economy, legislation needs to be adjusted and amended so as to adapt to the changing circumstances while meeting sustainable development requirements. 2. Objectives Long-term objectives To establish a legal system on environment and resources to meet the requirements of a market economy and to ensure the achievement of sustainable development. Immediate objectives Develop new legislation on environment and resource protection to fill the gaps in the current legal system with respect to the requirements of sustainable development. Amend, complete and improve current laws, decrees and regulations on environment and resource management in accordance with sustainable development principles. Enact corresponding domestic laws in order to implement the international treaties which China has joined. 3. Activities 3.1 To identify, research, draft, and enact new laws on environmental protection and resource management through the following activities: Collection of data and relevant information for analysis and development of a legislative data bank; Editing and publication of domestic legislative data, and the translation and publication of relevant legislation from the main nations in the world; Compilation and enactment of currently proposed legislation on environmental protection, for example: - Law of Solid Wastes Pollution Prevention - Law on Radioactive Pollution Prevention - Regulation on Management of Nature Reserves - Regulation for Protection of Bio-Variety - Stipulation for Management of Environment Signs - Stipulation for Management of Environmental Protection Industries - Regulation for Environment Management of Township Industries 3.2 To research the scope, effectiveness and compliance measures for current laws on environment and resource protection and to amend them as necessary. The major actions will include: Investigation of the major problems in the execution and enforcement of current laws and the collection and analyses of typical cases to serve as a basis for further action; Investigation of the use of market mechanisms for enforcing environmental protection legislation. These measures could include environmental taxes, tradeable permits, levies on pollution discharge ("polluter pays principle"), and economic incentives; Investigation and introduction of measures to allow public participation in environmental management; Investigation and introduction of systems for environmental impact assessment and environmental legal liability; Compilation of draft amendments to the following laws and decrees: - Environment Protection Law - Marine Environment Protection Law - Law on Air Pollution Prevention - Regulation on Environmental Noise Pollution Prevention and Control - Temporary Method For Charge Pollutant Discharge Fines - Administrative Method on Management of Environment Protection in Projects of Construction - Administrative Method on Management of Environment Protection Standards - Decree on Management for Environment Monitoring 3.3 To research, draft and enact appropriate domestic legislation to enforce international treaties that China has signed. The following actions will be carried out: Preparation of a list of conventions or treaties relevant to global sustainable development and research on the contracting procedures for China; Preparation of a training plan for China's ability to execute the conventions or treaties; Investigation and compilation of draft domestic legislation for the following international treaties: - Regulation on Administration for Transboundary Movements of Hazardous Wastes - Regulation on Administration for Substances that Deplete the Ozone Layer - Management Measures for Imports and Exports of Toxic Chemicals - Administrative Decree on the International Trade in Endangered Wild Fauna and Flora 3.4 Capacity building activities will include: Establishment of a project working committee, an advisory panel of experts, and a drafting group for the enaction and amendment of laws; Staff training for 120-150 professionals in the fields of law, economy, management and technology for the implementation of the project; Establishment of the data bank on legislative information system on China's sustainable development. The implementing agencies will be the Environmental Protection Committee of the Standing Committee of the National People's Congress, the Bureau of Legislative Affairs of the State Council, and the National Environmental Protection Agency. Other organizations involved in the project include Peking University, Wuhan University, and the Treaty and Statute Department of the Ministry of Foreign Affairs. The project duration will be four years for Activities 3.1 and 3.2, and two years for Activity 3.3. 4. Financial Requirements 4.1 National Inputs: The inputs from the Chinese Government will include: Management for the project Special funds for the legislative project Investigation, research, and demonstration activities Invitation for experts, transportation and work facilities Staff training 4.2 International Inputs: Data collection and exchange Invited experts Cooperative research between international organizations, foreign institutions, colleges and universities Exchange visits for research workers, and facilities for investigation and training abroad Organization of international meetings and exchange of research results 4.3 Budgets: The total cost of the project is estimated to be US $1 million. Of this, US $500,000 will come from the government of China and the other US $500,000 from international aid.   Budget (in million US dollars) Activity Domestic contribution International grant Total 3.1 0.25 0.20 0.45 3.2 0.15 0.15 0.30 3.3 0.10 0.15 0.25 Total 0.50 0.50 1.00   5. Benefits The implementation of the project will help provide the legislative framework for a comprehensive system of laws for sustainable development that are based on the principles of the market economy. The project will also help build capacity by providing training for professional in the fields of law, economics, management and relevant technical disciplines. Once the draft laws are enacted and implemented, it is estimated that about ten billion yuan will be invested for environmental protection while losses due to environmental pollution will be decreased by thirty billion yuan per year. This will be achieved mainly through the use of market based approaches such as environmental taxes, tradeable permits, levies on pollution discharge ("polluter pays principle"), and economic incentives. The greatest benefit of the project will be the indirect social benefit resulting from the establishment of a legal system based on sustainable development principles.     1-1b Investigation and Enforcement Measuses of Legislation for Sustainable Development in China   Project Scope and Relationship to China's Agenda 21 This project seeks to establish enforcement systems and supporting mechanisms for laws in the field of sustainable development. This project is based on programme area 3B of China's Agenda 21. 1. Background Laws and regulations suited to China's particular political, social, economic, and environmental conditions are among the most important instruments for transforming sustainable development into action through the formulation of a supportive and effective legislative framework. This will require the development and implementation of integrated, enforceable and effective laws and regulations that are based on sound social, ecological, economic, and scientific principles. Moreover, the development of workable programmes to review and enforce compliance with the laws, regulations and standards is equally critical. As stated in China's Agenda 21, the enforcement of laws is based upon legislation and legislation is implemented by enforcement. The relationship between the two is one of reciprocal support. Therefore moves to amend and reform legislation, for example as proposed in the project on "Enactment and amendment of laws in the field of sustainable development in China," need to be augmented by measures to support and enforce these laws. Current legislation on environment and development in China was drafted in the days before sustainability was an important criterion. Thus these laws tend to take a compartmentalized approach, considering economic, social or environmental objectives as separate and unconnected. Thus there is a need to formulate laws that adopt a more integrated approach. In addition, the system does not function as required due to issues such as inconsistent implementation of laws and unpunished violations. There is a marked lack of awareness of the laws and the need for monitoring and enforcement amongst the general public as well as industry, and decision makers at all levels of government. This is reinforced by poor monitoring due to inadequate facilities, lack of training, and a lack of awareness of the impacts of violations on society and the environment. These factors need to be addressed before the supportive and effective legislative framework necessary for sustainable development is established. With a move towards a market-based economy, China needs to strengthen the enforcement of domestic legislation for sustainable development and develop measures for compliance consistent with its new approach to social and economic development. 2. Objectives Long-term objective To develop systems for enforcement, compliance and support for the effective execution of laws and regulations in the field of sustainable development. Immediate objectives To conduct research on the problems associated with current systems of law enforcement and to suggest methods for effective enforcement. To increase public awareness of the needs and reasons for enforcement of the laws. To establish mechanisms and procedures for monitoring, regulation and enforcement consistent with China's political, social, economic, and environmental systems. To provide training for decision-makers, professionals, workers and others involved with monitoring and enforcement activities. 3. Activities 3.1 Research on current systems of enforcement of laws in fields related to sustainable development in order to identify specific problems and to suggest possible solutions. This will be achieved through the following actions: Study the effectiveness of current laws related to environment and development, their administration and problems associated with enforcement, monitoring and compliance to develop a conceptual framework and to identify common elements. Compile a database (in conjunction with the sister project on enactment of laws supportive of sustainable development) of administrative, monitoring and enforcement systems and compliance measures to help identify common problems. Study current judicial and administrative procedures to identify weak points in the monitoring and enforcement of laws on sustainable development. Study overseas experience on enforcement and compliance of similar laws through: - Exchange visits with relevant countries by Chinese personnel; - Visits to China by overseas experts; - Internships for Chinese personnel in appropriate countries; - Cooperation with UN and other agencies on enforcement procedures. Identify possible solutions based on domestic research and overseas experience. 3.2 Conduct public awareness and education on the requirements for implementing, monitoring and enforcing laws related to sustainable development. The specific activities will include: Developing training programmes for decision-makers at all levels on the need for monitoring and enforcement of the laws; Delivering training programmes and on-the-job courses for lawyers, administrators and other professionals involved in drafting and administering laws and regulations to ensure that new measures are workable and enforceable; Conducting training programmes for government officials at all levels who are responsible for monitoring and enforcement activities; Formulating educational programmes and teaching aids for awareness raising and training for industrial managers and workers; Launching public education campaigns for raising awareness of the existence of these laws and the need for effective implementation and enforcement. 3.3 Develop monitoring systems that are consistent with the requirements of sustainable development and are suited to Chinese conditions through: Clarification of the roles of different institutions and levels of government in monitoring and assigning clear roles to the appropriate agencies; Improvement of current judicial and administrative systems in order to establish effective monitoring systems; Research and identification of effective and practical methodologies for monitoring; Research and development of standards for monitoring based on impacts on the environment and on human well-being; Establishment of monitoring systems that are transparent and accountable to the public; Strengthening the role of the media and the public in exposing and reporting violations of the law; Encouraging public and non-government organizations role in monitoring, and providing them with opportunities to propose improvements in methods of law enforcement; Investigation of possible role of industry to develop enforceable self monitoring procedures. 3.4 Investigate measures for effective enforcement of laws on sustainable development with a view to suggesting changes to current practices. Possible areas for investigation will be: The development of effective and efficient regulatory measures using standards based on sound social, economic and environmental principles and on mechanisms for promoting compliance; Studies on market measures and economic instruments for ensuring compliance with laws. These could include: - Economic incentives for cleaner production technologies; - Taxes such as a carbon charge on the use of fossil fuels; - Tradeable permits for discharging pollutants into the environment; - Pricing policies for using natural resources such as water as a source for production and as a sink for wastes; - Levies for using natural resources; - Application of the "polluter pays" principle in imposing charges for emissions and discharges. Studies on voluntary measures such as self monitoring and regulation by industry, negotiated agreements with industry on commitments to achieve community standards of pollution emission and resource use. 3.5 Prepare recommendations for reform of judicial and administrative systems and the preparation of monitoring and compliance procedures for laws in the field of sustainable development. These would emphasize the following points: Any reforms or changes should be incremental so as to allow time for evaluation and feedback and corrective actions; Monitoring systems should involve public and media participation in line with the principles of sustainable development; Proposals for enforcement will include a mix of policy measures such as regulatory, economic instruments and voluntary measures to fit the legislation and situation; Development of mechanisms and procedures should take into account wider fiscal, economic, social and environmental costs and benefits. The implementing agencies will be the Bureau of Legislative Affairs of the State Council, the Environmental Protection Committee of the National People's Congress and other relevant departments. The project duration will be six years for activities 3.1 to 3.4. Activity 3.5 will be implemented towards the end of that period. 4. Inputs 4.1 Domestic inputs Project management Professional staff for all activities Implementation of investigations and studies Training and educational activities. 4.2 International cooperation Professional visits by the required experts Facilities for exchange visits and internship Information and materials on international experiences 4.3 Budget The implementation of the project will require US$ 3.5 million, half of which will come from the Chinese Government and the other half from international aid. Budget (in million US dollars)   Activity Chinese Input External Grant Total 3.1 0.50 0.45 0.95 3.2 0.60 0.60 1.20 3.3 0.20 0.20 0.40 3.4 0.30 0.30 0.60 3.5 0.15 0.20 0.35 Total 1.75 1.75 3.50 5. Benefits On completion of this project, the expected benefits include: An information database on current laws and their implementation, and a conceptual framework for developing environment and development legislation that are workable, enforceable and practical; Capacity building at all levels of government from decision-makers to law professionals and those responsible for enforcement and monitoring. The capacity of the public to participate in monitoring activities will also be enhanced; Recommendations for new laws and amendments of current laws to make them more effective, enforceable, and workable; Recommendations on the appropriate mix for China of regulatory, voluntary and market measures for compliance; Promotion of international cooperation in a crucial area of sustainable development and sharing of information and experiences with other countries. Text Browser Utilities: [ Back ACCA21 Home] For more information about ACCA21 contact: web@acca21.edu.cn Address: 109 Wanquanhe Road, Haidian District, Beijing 100089, People's Republic of China Telephone: +86-10-82636193, +86-10-82634400 Ext.2401 Fax: +86-10-82636192