China, People's Republic of: Strengthening Enforcement of Environmental Laws and Regulations

Sovereign Project | 43056-012

Summary

The TA will assist in mainstreaming environmental considerations into the PRC's policies and investment programs, and in strengthening the legal, regulatory, and enforcement capacities of government agencies. The TA is in line with ADB's core area of operations as expressed in its long-term strategic framework 2008 2020 (Strategy 2020)3 and the country partnership strategy (2008 2010).4 The proposed TA supports the implementation of the Government's 11th Five-Year Plan (FYP) (2006 2010), which emphasizes the need to build a society that uses resources efficiently and is environment-friendly.

The TA will also contribute to the preparation of the 12th FYP (2011 2015), which is expected to introduce new approaches for environmental protection in the PRC.

Latest Project Documents


Project Data Sheets (PDS) contain summary information on the project or program. Because the PDS is a work in progress, some information may not be included in its initial version but will be added as it becomes available. Information about proposed projects is tentative and indicative.

The Public Communications Policy (PCP) recognizes that transparency and accountability are essential to development effectiveness. It establishes the disclosure requirements for documents and information ADB produces or requires to be produced.

The Accountability Mechanism provides a forum where people adversely affected by ADB-assisted projects can voice and seek solutions to their problems and report alleged noncompliance of ADB's operational policies and procedures.

In preparing any country program or strategy, financing any project, or by making any designation of, or reference to, a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Project Name Strengthening Enforcement of Environmental Laws and Regulations
Project Number 43056-012
Country China, People's Republic of
Project Status Closed
Project Type / Modality of Assistance Technical Assistance
Source of Funding / Amount
TA 7386-PRC: Strengthening Enforcement of Environmental Laws and Regulations
Technical Assistance Special Fund US$ 300,000.00
Strategic Agendas Environmentally sustainable growth
Inclusive economic growth
Drivers of Change Governance and capacity development
Sector / Subsector Agriculture, natural resources and rural development - Land-based natural resources management - Water-based natural resources management
Gender Equity and Mainstreaming No gender elements
Description

The TA will assist in mainstreaming environmental considerations into the PRC's policies and investment programs, and in strengthening the legal, regulatory, and enforcement capacities of government agencies. The TA is in line with ADB's core area of operations as expressed in its long-term strategic framework 2008 2020 (Strategy 2020)3 and the country partnership strategy (2008 2010).4 The proposed TA supports the implementation of the Government's 11th Five-Year Plan (FYP) (2006 2010), which emphasizes the need to build a society that uses resources efficiently and is environment-friendly.

The TA will also contribute to the preparation of the 12th FYP (2011 2015), which is expected to introduce new approaches for environmental protection in the PRC.

Project Rationale and Linkage to Country/Regional Strategy

The rapid economic development of the last 20 years, in combination with the PRC's large population, has placed pressure on the PRC's environment. Industries with high energy

consumption and emissions pose increasing environmental threats, and constitute a growing challenge to environmental protection. Frequent, serious pollution incidents and poor on-site enforcement have resulted from (i) a lack of environmental awareness and understanding of environmental responsibilities on the part of some enterprises, (ii) easing of pollution controls by some local governments to favor economic growth, and (iii) a lack of effective supervisory capacity by responsible administrative authorities over relevant local departments.

To address these environmental challenges, over the years the PRC has strengthened its regulatory framework and enacted several environmental protection laws and regulations.

While impressive progress has been made with respect to the development of an environmental regulatory framework, much work remains to be done with regard to compliance and

enforcement. Environmental laws in the PRC are difficult to enforce, with enforcement occurring mainly through administrative procedures instead of the civil or criminal courts.2 Enforcement agencies are faced with growing constraints due to limited capacity, knowledge, and enforcement experience. Some legislation have become outdated and irrelevant, and some are no longer effective. Many enforcement agencies in the PRC have been exploring alternative and more efficient rules and procedures.

The progress achieved through the establishment of the RESIIs and MEP needs to be accompanied by (i) updating of the rules and procedures for environmental supervision, and (ii)

the introduction of innovative approaches to environmental compliance. As environmental awareness increases, public scrutiny is expected to intensify and this could reduce tolerance

and result in more complaints and environmental disputes. This highlights the need for a balance between (i) creating incentives for and developing the capacity of environmental

enforcement agencies to handle public complaints, and (ii) placing greater demands on these agencies.

Impact Improved environmental management and sustainable development
Project Outcome
Description of Outcome Strengthened regulatory framework for environmental enforcement and compliance
Progress Toward Outcome
Implementation Progress
Description of Project Outputs

Innovative approaches to environmental enforcement and supervision in support of sustainable economic

growth

Updated environmental enforcement, and supervision rules and procedures

Training manuals, awareness-raising materials, and training

Status of Implementation Progress (Outputs, Activities, and Issues) Mid-term workshop held during 25-26 April 2011. International study tour tentatively held in July 2011
Geographical Location PRC
Summary of Environmental and Social Aspects
Environmental Aspects
Involuntary Resettlement
Indigenous Peoples
Stakeholder Communication, Participation, and Consultation
During Project Design Consultations and preparatory meetings were held with representatives of the Ministry of Finance and MEP. The consultations have shown that there is a strong interest and ownership for the proposed TA.
During Project Implementation
Business Opportunities
Consulting Services A team of consultants will be recruited for a total of 33 person-months, comprising 1 international and 4 national experts.
Responsible ADB Officer Alvin Lopez
Responsible ADB Department East Asia Department
Responsible ADB Division Environment, Natural Resources & Agriculture Division, EARD
Executing Agencies
Ministry of Environmental Protection Fang Lifang.li@mep.gov.cn115 Xizhimen Nanxiaojie, Beijing
Timetable
Concept Clearance 17 Aug 2009
Fact Finding 10 Mar 2008 to 24 Mar 2008
MRM -
Approval 23 Nov 2009
Last Review Mission -
PDS Creation Date 30 Jul 2010
Last PDS Update 26 Sep 2012

TA 7386-PRC

Milestones
Approval Signing Date Effectivity Date Closing
Original Revised Actual
23 Nov 2009 03 Feb 2010 03 Feb 2010 31 Dec 2010 31 Jul 2012 -
Financing Plan/TA Utilization Cumulative Disbursements
ADB Cofinancing Counterpart Total Date Amount
Gov Beneficiaries Project Sponsor Others
300,000.00 0.00 100,000.00 0.00 0.00 0.00 400,000.00 23 Nov 2009 270,446.52

Safeguard Documents

See also: Safeguards

No documents found.

Evaluation Documents

See also: Independent Evaluation

No documents found.


The Public Communications Policy (PCP) establishes the disclosure requirements for documents and information ADB produces or requires to be produced in its operations to facilitate stakeholder participation in ADB's decision-making. For more information, refer to the Safeguard Policy Statement, Operations Manual F1, and Operations Manual L3.

Requests for information may also be directed to the InfoUnit.