Skip to content
POL-54

This is a proposal for discussion, not an enacted law.

Ali Zuweid’s Political Programme

Energy, Infrastructure, Water, Environment and Urban Development

Environmental Protection, Climate Action and Biodiversity Law

Document numberPOL-54
TypeProposed federal bill — repeal and replacement
Version1.0
Publication and update date7 October 2026

Executive summary

This bill modernises Iraq’s environmental protection framework by replacing Environmental Protection and Improvement Law No. (27) of 2009 with a framework connecting three practically and legally intertwined areas: pollution control, impact assessment and compliance; climate action, adaptation and transparency; and biodiversity conservation and ecosystem restoration. It creates no executive body parallel to the Ministry, instead reorganising the existing council, fund, environmental police and inspection and permitting tools. It adds elements missing from the present system: strategic environmental assessment, an emissions and pollutants register, integrated climate measurement, reporting and verification, and modern restoration and environmental liability rules.

The constitutional basis is direct: Article (33) recognises everyone’s right to live in sound environmental conditions and obliges the state to protect the environment and biodiversity. Environmental policy is a shared competence under Article (114), subject to Article (115)’s shared-powers rule. The Law is therefore drafted around federal–regional coordination of policy, data and international obligations, avoiding its use to override regions’ constitutional powers.

On climate, Iraq’s NDC 3.0 has been registered with the United Nations Framework Convention since 13 November 2025. It raises the unconditional emissions-reduction target to 3% by 2030 and establishes a 2035 unconditional target of up to 5% and a conditional target of up to 17%, totalling 22% against business as usual where support conditions are fulfilled. The bill translates these commitments into a legal cycle for the national contribution, inventories, transparency, adaptation and climate finance, without imposing a carbon-neutrality target whose basis the state has not legally adopted.

On biodiversity, the bill builds on Iraq’s membership of the Convention on Biological Diversity and Cartagena Protocol, without assuming membership of the Nagoya Protocol. Specialist details concerning waste, water, energy, mining and urban planning remain in sectoral legislation, while this Law supplies the cross-sector environmental ‘umbrella’ and protection, compliance and liability standards.

Legislative policy

The bill adopts a comprehensive framework-law model rather than a short law wholly dependent on instructions. It establishes principles, rights, competences, assessment, permitting, enforcement, liability, climate and biodiversity tools in the Law itself, leaving changing technical details — pollutant schedules, measurement thresholds and permit forms — to regulations and instructions.

The bill does not rewrite sectoral legislation. Waste, circular economy and hazardous substances are addressed in detail in POL-55; water in POL-52 and POL-53; energy in POL-49 to POL-51; urban planning in POL-56; construction in POL-58; and mining in POL-61. This Law defines the cross-cutting environmental requirements those sectors must respect, supplying a single assessment, compliance and liability mechanism.

Enforcement approach: The system moves from an almost uniform fixed fine to a response ladder combining corrective plans, administrative fines, temporary suspension, recovery of damage costs and criminal liability for serious incidents. The primary goal remains removing danger and restoring the environment, rather than collecting fines.

Statement of reasons

This Law is enacted to guarantee the constitutional right to sound environmental conditions, develop pollution-prevention and remediation tools, modernise impact assessment, permits, oversight and environmental liability, establish an integrated legal basis for Iraq’s climate and biodiversity commitments, protect natural resources and public health, and improve coordination between authorities and sectoral bodies.

Explanatory memorandum

1. Why does Iraq need to replace its general environmental law?

Law No. (27) of 2009 provided an important environmental foundation and institutions that remain valuable, including the Environmental Protection and Improvement Council and Environmental Protection Fund. It established environmental damage liability and warning, closure and fine mechanisms. The issue is not that all its provisions are obsolete, but that risks and regulatory obligations have expanded: climate change now shapes national planning and international finance; Iraq has joined the Paris Agreement; climate transparency and inventories have become more detailed; biodiversity has a new global framework; and modern oversight relies on digital disclosure, pollutant registers, strategic assessment, cumulative effects and linking permits to inspection.

The bill therefore adopts ‘replacement with continuity’: it replaces the former general law without dismantling functioning regulations or institutions. The Fund and environmental police continue, while non-conflicting reserve, biosafety and emissions rules remain until updated. This reduces regulatory gaps and administrative costs.

2. Constitutional competence

The central legal design constraint is that environmental policymaking is shared, not exclusively federal, under Article (114/Third) of the Constitution. The bill does not assume that the federal Ministry can override regional legislation or directly manage every local issue. It instead defines federal functions: international obligations, national data and inventories, transboundary matters, coordination, minimum standards within competence and oversight of activities legally subject to federal authority, with regional coordination mechanisms.

3. From separate permits to integrated impact management

The bill addresses a common weakness of older legislation: examining each pollutant or permit separately. Integrated permitting considers an installation’s overall effects, preventing reductions in air emissions from merely shifting pollutants to wastewater or soil. It also requires alternatives and cumulative-impact assessment and prohibits splitting projects to evade more rigorous review.

4. Strategic environmental assessment

Traditional impact assessment often follows site selection and policy direction, when genuine alternatives are limited. Strategic assessment precedes this, covering major land-use, energy and transport plans and programmes, allowing comparison before difficult-to-reverse financial and spatial commitments. The bill does not subject every minor administrative decision to this procedure; regulations determine thresholds and categories.

5. Climate action: from international commitment to an accountable domestic cycle

Iraq joined the Paris Agreement through Accession Law No. (31) of 2020, with international ratification recorded in 2021. On 13 November 2025, the UN Framework Convention secretariat registered Iraq’s NDC 3.0 as active. It specifies an unconditional 3% target by 2030 against business as usual, up to 5% unconditional by 2035 and up to 17% conditional by 2035, totalling 22% conditional and unconditional ambition.

The Law does not turn these percentages into direct sector or installation penalties: a national contribution is a state instrument requiring sectoral implementation, finance and data. It instead mandates an institutional cycle: NDC preparation and approval, sectoral implementation plans, national inventory, measurement, reporting and verification, progress reporting and national adaptation planning. This remains useful when later contributions change the percentages.

6. Adaptation as a service-security priority

Ministry of Environment documents show that Iraq’s national adaptation plan sought a strategic framework through 2035 and that local work covered several governorates. The bill accordingly gives adaptation equal weight to mitigation: risk assessment, local plans, infrastructure resilience, heatwaves, drought, dust storms and nature-based solutions. This prevents climate action becoming only a carbon issue while services and people experience direct climate impacts.

7. Article Six and carbon markets

The Paris Agreement permits international cooperation on mitigation outcomes. However, transferring reductions in the state’s name without a registry, authorisation and anti-double-counting rules may harm national interests and accounting integrity. The bill therefore requires sovereign authorisation, a national registry, measurement verification and no repeated counting of the same reduction. Carbon-project registration does not confer permanent ownership of a public resource or a government return guarantee.

8. Biodiversity: from species protection to ecosystem protection

Iraq has been party to the Convention on Biological Diversity since 2009 and the Cartagena Protocol since 2014. Beyond hunting restrictions, the bill links species protection to habitats, ecological corridors, marshes, wetlands, restoration and invasive-species control. Planting campaigns must consider water resources, local species and survival rates: tree numbers alone do not adequately measure ecological restoration.

9. Genetic resources and the Nagoya Protocol

Convention on Biological Diversity records indicate that Iraq is not a party to the Nagoya Protocol on genetic-resource access and benefit sharing as of this document’s date. The bill therefore attributes no inapplicable obligations to Iraq. Domestic law may nevertheless regulate genetic-resource collection, transfer and commercial use and establish benefit sharing, a legitimate domestic protection independent of any future accession decision.

10. Environmental liability and restoration

The bill retains a strong principle from the 2009 law: those causing damage must remove it and restore conditions. It develops a restoration hierarchy prioritising actual ecosystem repair over monetary compensation alone. Where full repair is impossible, impact-related complementary or compensatory restoration follows, then monetary compensation under a public methodology. This reduces the risk of violations becoming merely a budgeted operating cost.

11. Proportionate penalties

Former fine limits alone no longer suit a sector spanning small installations and major industrial and petroleum complexes. The bill combines tools, prioritising correction and restoration with higher fines for serious and continuing violations. Criminal penalties concern inherently serious acts, such as intentional hazardous releases creating grave danger or falsification concealing risk, while minor procedural breaches remain administrative.

12. Relationship with waste and other sectoral laws

This Law does not detail waste collection, sorting, landfills, producer responsibility or circular economy: these belong to POL-55. Nor does it repeat water allocation, drinking-water and wastewater utilities, electricity markets, oil and gas or mining rules. It applies across them through impact assessment, pollution, climate, biodiversity and liability. This division limits overexpansion of the general law and reduces conflict.

Transitional provisions and implementation requirements

Proposed post-commencement timetable
PeriodAction
Within 3 monthsIssue organisational decisions continuing the Council, Fund and environmental police and defining transitional powers.
Within 6 monthsAdopt a unified environmental classification guide, complaints and disclosure system, and review plan for existing instruments.
Within 12 monthsIssue strategic assessment, integrated permit, pollutant register and environmental damage assessment regulations.
Within 18 monthsOperate the data platform, climate registry and compliance register, and complete initial priority-regulation alignment.
Within 24 monthsEnd the general maximum compliance period for installations requiring substantial investment, unless serious risk requires less time.
Every two yearsIssue the national state of the environment report and update core indicators.
After 5 yearsEvaluate the Law’s impact and submit a legislative report to the Council of Representatives.

Financial and implementation impact

The bill requires no new ministry or independent authority, relying on the Ministry of Environment, Council, Fund, environmental police and existing sectoral structures. New institutional costs therefore concentrate on information and monitoring systems, laboratory and inspector accreditation, pollutant and climate registries, assessment and permit procedures, and greater field inspection and response capacity.

Published data do not support a reliable national estimate of compliance costs for all installations or contaminated-site restoration, so the bill provides no hypothetical aggregate figure. Instead, it requires the Ministry and Ministries of Finance and Planning to prepare a Costed Implementation Plan within one hundred and eighty days of commencement, separating digital and laboratory establishment costs, annual operating costs, functions covered by resource reallocation and needs requiring additional funding.

Private-sector costs vary substantially by activity and present condition. Risk-based classification and transitional periods reduce uncertainty. Extensions are prohibited where an activity creates serious danger, since delayed remediation shifts costs to public health and natural resources.

The bill retains the Environmental Protection Fund rather than creating another and strengthens audit and funded-project disclosure. This can reduce administrative fragmentation and channel environmental compensation into actual restoration instead of general revenue disconnected from the damage site.

Legal compliance indicators

Indicators measuring implementation without converting the Law into an executive development plan
AreaIndicatorFrequency
Environmental assessmentProportion of high-impact projects publishing summaries and completing participation before decision.Annual
ComplianceProportion of corrective orders closed after field verification and average remediation time for serious violations.Quarterly/annual
MonitoringProportion of monitoring stations and laboratories meeting quality-assurance and calibration requirements.Annual
InformationProportion of permits and mandatory data published within legal deadlines.Annual
ClimateTimely completion of national inventories, NDC implementation plans and transparency reports.According to the commitment cycle
AdaptationProportion of sectors and governorates covered by approved risk assessments and adaptation plans.Annual
BiodiversityUpdating lists, registers, reserve management plans and restoration indicators under the national schedule.Annual/periodic
FundProportion of funded projects publishing objectives and results and undergoing audit.Annual

Brief international comparison

International practices adapted to Iraq’s system
InstrumentInternational practiceAdaptation in the bill
Environmental impact assessmentMoving from isolated project review to alternatives, cumulative impacts and public participation.Screening, scoping, alternatives, cumulative impact, non-technical summaries and reasoned decisions.
Strategic assessmentAssessing plans and programmes before project locations are fixed.Applies to major plans under regulatory thresholds.
Integrated permitsPreventing pollution transfers between air, water and soil.Unified permits for high-impact installations, retaining sectoral licences.
Environmental liabilityPrioritising prevention and restoration over monetary compensation.Primary then complementary/compensatory restoration and cost recovery.
Climate governanceFramework laws connecting NDCs, inventories, adaptation and transparency.A flexible institutional cycle without permanently fixing an emissions percentage in law.
BiodiversityMoving beyond species protection to habitats, ecological connectivity and restoration.A national register, reserves, corridors, critical habitats, invasive species and restoration.
Environmental informationPollutant release and transfer registers and proactive disclosure.An open national register with narrow confidentiality and security exceptions.

Sources and references

  1. Supreme Judicial Council — Constitution of the Republic of Iraq, 2005, including Articles 33, 114 and 115.
  2. Iraqi Local Governance Law Library — Environmental Protection and Improvement Law No. 27 of 2009: current status and Fund, liability and penalty provisions.
  3. Ministry of Environment — Environmental Protection and Improvement Strategy for the Republic of Iraq, 2024–2030.
  4. Ministry of Environment — Climate change portal and national documents, including NDC 3.0 and transparency reports.
  5. Ministry of Environment — Updated 2025 Nationally Determined Contributions (NDC 3.0).
  6. UNFCCC — Iraq NDC 3.0: active status and submission on 13 November 2025.
  7. UNFCCC — Iraq nationally determined contributions registry.
  8. Ministry of Environment — Internationally financed project status, including the National Adaptation Plan and alignment of the biodiversity strategy with the Kunming–Montreal Framework.
  9. Ministry of Environment — Iraq’s nature reserves and existing national framework.
  10. Convention on Biological Diversity — Iraq profile: membership of the Convention and Cartagena and Nagoya Protocols.
  11. Biosafety Clearing-House — Iraq Country Profile: Cartagena Protocol status and biosafety records.
  12. Iraqi Council of Representatives — Second-reading deliberations on the proposed Environmental Protection and Improvement Law, session of 3 August 2025.
  13. Iraqi Council of Representatives — Parliamentary Agriculture and Environment Committee discussion on 7 July 2026 of environmental law amendments, including institutional fragmentation, polluter pays, whistleblower protection and judicial specialisation.
  14. Iraqi Council of Representatives — Committee under Parliamentary Order (63) discusses Tigris pollution causes, 21 June 2026.
  15. Iraqi Council of Representatives — Recommendations of the 24 September 2026 session on Tigris and Euphrates pollution and financial, technical and legislative measures.
  16. Paris Agreement — United Nations Treaty Collection/United Nations Framework Convention on Climate Change, including Iraq’s accession record and obligations.
  17. World Bank — Iraq Country Climate and Development Report: climate, water, energy and development linkages.
  18. United Nations Development Programme — Climate action and biodiversity in Iraq, as a reference for institutional practices and technical support.

Electronic sources accessed: 7 October 2026. For official implementation, texts published in the Iraqi Official Gazette and official treaty records govern in the event of conflict.

What are you looking for?

Search content published on the website.