the state. Besides, China demands that technology introduced from abroad must be advanced and suitbale and must be favourable to environmental protection.
2.1.3 Group “prohibited” State prohibited projects which: (a) jeopardize state security or harm public interest; (b) cause environmental pollution, damage natural resources or health of the people; (c) occupy large tracts of arable land or unfavourable to protection or development of land resources. China prohibits foreign businessman to employ technology and equipment which seriously polluted environment and were eliminated by national and local order. Besides, it is prohibited that solid waste out of Chinese territory is dumped , piled or disposed in Chinese territory; and importing solid waste incapable of using as raw material is banned; otherwise, one who gravely violated these rules shall be investigted criminal responsibility.
2.1.4 Group “permitted” Projects of foreign investment, excepting those three groups above, are permitted. But at the sane time, such projects shall conform to the requirement that they shall cause no pollution or little pollution; and if no means is yet available at home to tackle it, the corresponding environmental protection facilities shall be introduced simultaneously .
2.2 Environment Management Measures by Which Foreign Investment must abide
After permitted to in vest, foreign businessman shall also abide by all kinds of environmental management measures provided for by environmental laws and regulations, which include:
2.2.1 the System of EIA Projects of foreign investment that intend to engage development construction shall submit an Environment Impact Statement 1 from [s] and a text or environment protection in the preliminary design of construction project and shall, upon complete of the project, submit a report on inspecting and accepting the completed environmental protection facilities.
2.2.2 the System of Environmental Standards
Up to 1996, China has established 347 national environmental standards and 28 industrial sector environmental standards, which includes: (a) ambient environmental quality standard; (b) pollutant discharge standard; (c) monitoring methodology standards, environmental specimen-taking standard; (d) basic scientific standard. If there is no standard for certain pollutant in China, the provisions of international conventions acceded to or concluded by China shall apply; otherwise, in the light of rules of private international law, standard od domestic laws of investor shall apply.
2.2.3 the System of “Three-Simultaneity”
Enterprises with foreign investment should implement the principle of “have prevention as the main concern” and its installation for preventing and controlling pollution and other pollution hazard must be designed, built and put into operation simultaneously with the principle part of the project.
2.2.4 the “Pollutant Discharge Fee” System
According to the principle of “the pollution pays” , the departments of environmental protection administration are empowered to levy pollutant discharge fee and exercise pollutant discharge fee on enterprises with foreign investment who discharged pollutant. However, the payment of such fees shall not exempt such enterprises from the responsibilities of controlling pollution, compensation for damages caused or other responsibilities as prescribed by law which they should bear.
2.2.5 the system of “Discharge Permit”
Pollutant discharge enterprises with foreign investment must within a set time, holding the pollutant discharge declaration and registration forms approved by the local competent department