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Guideline for Ecological and Environmental Protection in Overseas Investment and Cooperation Construction Projects

06.01.2022

On 6 January, the Ministry of Ecology and Environment and the Ministry of Commerce issued guideline on ecological and environmental protection in overseas investment and cooperation construction projects.

In order to implement XI Jinping’s thoughts on ecological civilisation, further improve ecological environmental protection in overseas investment construction projects, and promote the construction of overseas investment projects with high quality, the original “Environmental Protection Guideline for Overseas Investment Cooperation” (Trade and Cooperation Letter [2013] No. 74) are revised. Environmental management will be further optimised in the following four aspects:

1. Further clarification of the scope of application. The guideline applies to Chinese enterprises in overseas investment and new construction projects (including reconstruction and expansion), acquisition and merger projects, and contracting projects.

2. Further enrichment of the content. The guideline provides guidance for overseas investment and cooperation projects in areas such as pollution prevention and control, climate change, ecosystems and biodiversity conservation.

3. Streamlining the overall project life cycle management process. According to the main aspects of the project, such as site preparation, construction, operation and completion, the guide has adapted and improved the relevant regulations.

4. Further improvement of the level of environmental management in overseas projects: The guide encourages projects to adopt international standards or stricter Chinese standards in carrying out ecological and environmental protection related work, and proposes requirements for enterprises to improve their internal environmental management systems, promote cleaner production and strengthen information disclosure, emphasising enterprises’ primary responsibility for environmental management.

The revised guideline will further regulate the environmental protection behaviour of enterprises in overseas investment and cooperation and play a positive role in promoting the sustainable development of overseas investment and cooperation and building a green Belt and Road.