China RoHS-Administrative Measures for the Restricted Use of Hazardous Substances in Electrical and Electronic Products
Ministry of Industry and Information Technology of the People's Republic of China
National Development and Reform Commission, People's Republic of China
Ministry of Science and Technology
Ministry of Finance
Ministry of Environmental Protection
People's Republic of China Ministry of Commerce
General Administration of Customs
State Administration of Quality Supervision, Inspection and Quarantine
Order No. 32
The Measures for the Administration of Restriction of the Use of Hazardous Substances in Electrical and Electronic Products have been reviewed and approved by the Ministry of Industry and Information Technology, and approved by the Development and Reform Commission, the Ministry of Science and Technology, the Ministry of Finance, the Ministry of Environmental Protection, the Ministry of Commerce, the General Administration of Customs, and the General Administration of Quality Supervision, Inspection and Quarantine. , is hereby promulgated and will take effect on July 1, 2016. The Measures for the Administration of Pollution Control of Electronic Information Products promulgated on February 28, 2006 (formerly Ministry of Information Industry, Development and Reform Commission, Ministry of Commerce, General Administration of Customs, State Administration for Industry and Commerce, General Administration of Quality Supervision, Inspection and Quarantine, Order No. 39) Abolished.
Chapter I General
Article 1 In order to control and reduce environmental pollution caused by the abandonment of electrical and electronic products, promote clean production and comprehensive utilization of resources in the electrical and electronic industry, encourage green consumption, protect the environment and human health, according to the "People's Republic of China Clean Production Promotion Law", These Measures are formulated in accordance with the Laws and Administrative Regulations of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes and the Regulations on the Administration of the Recycling of Waste Electrical and Electronic Products.
Article 2 These Measures shall apply to the production, sale and import of electrical and electronic products within the territory of the People's Republic of China.
Article 3 The meanings of the following terms in these Measures are:
(1) Electrical and electronic products refer to equipment and related products whose operation is based on current or electromagnetic field or for the purpose of generating, transmitting and measuring current and electromagnetic fields. The rated working voltage is not more than 1500 volts for direct current and 1000 volts for alternating current. Except for equipment that involves the production, transmission and distribution of electrical energy.
(2) Pollution of electrical and electronic products means that the harmful substances contained in electrical and electronic products exceed national or industrial standards, causing damage, damage, waste or other adverse effects on the environment, resources, human health and life and property safety.
(3) Restricted use of hazardous substances in electrical and electronic products refers to the following measures taken to reduce or eliminate the pollution of electrical and electronic products:
1. In the design and production process, technical measures to limit the use of hazardous substances in electrical and electronic products by changing design schemes, adjusting process flow, replacing materials used, and innovating manufacturing methods;
2. In the process of design, production, sales and import, the names and contents of hazardous substances are marked, and the environmental protection use period of electrical and electronic products is marked;
3. During the sales process, strict purchase channels, refuse to sell electrical and electronic products that do not meet the restrictions on the use of hazardous substances in electrical and electronic products, using national or industrial standards;
4. It is forbidden to import electrical and electronic products that do not meet the restrictions on the use of hazardous substances in electrical and electronic products, using national or industrial standards;
5. Measures for the restriction of the use of hazardous substances in other electrical and electronic products prescribed by the State.
(4) The Catalogue of Management of Restriction of Use of Hazardous Substances in Electrical and Electronic Products (hereinafter referred to as the Standards for Compliance Management) is a catalogue for the implementation of the management of the restricted use of hazardous substances in electrical and electronic products, including categories of electrical and electronic products, and types of hazardous substances that are restricted in use. , restrictions on usage time and exception requirements.
(5) Hazardous substances refer to the following substances contained in electrical and electronic products:
1. Lead and its compounds;
2. Mercury and its compounds;
3. Cadmium and its compounds;
4. Hexavalent chromium compound;
5. Polybrominated biphenyls (PBB);
6. Polybrominated diphenyl ether (PBDE);
7. Other harmful substances prescribed by the state.
(6) The environmental protection use period of electrical and electronic products refers to the fact that when the user uses the product according to the product description, the harmful substances contained in the electrical and electronic products will not leak or be abrupt, and will not cause serious pollution to the environment or cause damage to their personal and property. The period of serious damage.
Article 4 The Ministry of Industry and Information Technology, the Ministry of Development and Reform, the Ministry of Science and Technology, the Ministry of Finance, the Ministry of Environmental Protection, the Ministry of Commerce, the General Administration of Customs, and the General Administration of Quality Supervision, Inspection and Quarantine shall, within their respective areas of responsibility, manage the use of hazardous substances in electrical and electronic products. Supervision.
Article 5 The Ministry of Industry and Information Technology shall, in conjunction with the relevant competent department of the State Council, formulate measures that are conducive to the restricted use of hazardous substances in electrical and electronic products, and implement the relevant provisions on the restricted use of hazardous substances in electrical and electronic products.
Article 6 The competent departments of industry, informatization, development and reform, science and technology, finance, environmental protection, commerce, customs, quality inspection, etc. in the provinces, autonomous regions and municipalities directly under the Central Government shall, within their respective functions and duties, supervise and administer the restrictions on the use of hazardous substances in electrical and electronic products. .
The competent departments of industry and information technology of provinces, autonomous regions and municipalities directly under the Central Government shall take the lead in establishing a coordination mechanism for the restriction and use of hazardous substances in provincial electrical and electronic products, and shall be responsible for coordinating the resolution of major issues and problems in the use of hazardous substances in electrical and electronic products within their respective administrative areas.
Article 7 The State encourages and supports scientific research, technological development and international cooperation in the restricted use of hazardous substances in electrical and electronic products, and actively promotes technologies and equipment such as substitution and reduction of harmful substances in electrical and electronic products.
Article 8 The Ministry of Industry and Information Technology and the relevant competent department of the State Council may commend or reward organizations and individuals who actively develop and develop electrical and electronic products that are stricter than those specified in these Measures.
The competent industrial and information authorities of the provinces, autonomous regions, and municipalities directly under the Central Government and other relevant competent authorities may commend or reward organizations and individuals that have made outstanding achievements in the use of hazardous substances in electrical and electronic products and related activities.
Chapter II Restriction of Use of Hazardous Substances in Electrical and Electronic Products
Article 9 When designing electrical and electronic products, designers of electrical and electronic products shall not violate the standards that must be enforced by mandatory standards or laws, administrative regulations and rules. If the requirements of the process are met, the country shall be restricted according to the restrictions on hazardous substances in electrical and electronic products. Standard or industry standards, using programs that are harmless or low-harm, easy to degrade, and easy to recycle.
Article 10 Producers of electrical and electronic products shall not violate the standards required by mandatory standards or laws, administrative regulations and rules when producing electrical and electronic products, and shall use national or industrial standards in accordance with the restrictions on hazardous substances in electrical and electronic products. The use of materials, technologies and processes that are highly utilised, easy to recycle, and environmentally friendly, limit or eliminate the use of hazardous substances in products.
Producers of electrical and electronic products shall not leave or sell electrical and electronic products that do not meet the requirements of these Measures.
Article 11 Imported electrical and electronic products shall not violate the standards that must be enforced by mandatory standards or laws, administrative regulations and rules, and shall comply with the national or industrial standards for the use of hazardous substances in electrical and electronic products.
Entry-exit inspection and quarantine institutions shall carry out port verification and statutory inspection of imported electrical and electronic products according to law. The Customs shall verify the Customs Clearance Form for Imported Goods issued by the Entry-Exit Inspection and Quarantine Agency and go through customs clearance procedures as required.
Article 12: Producers and importers of electrical and electronic products shall not violate the standards required by mandatory standards or laws, administrative regulations and rules when making or using packaging materials for electrical and electronic products. They shall be harmless, easily degradable and easy to recycle. Materials used, comply with national or industry standards for the use of packaging.
Article 13 Producers and importers of electrical and electronic products shall label the hazardous substances contained in the electrical and electronic products placed on the market in accordance with the national or industrial standards for the use of hazardous substances in electrical and electronic products, and indicate the names of the hazardous substances. , content, materials and products that can be recycled, and improper use or disposal of information that may affect the environment and human health; due to product volume, shape, surface material or functional limitations can not be marked on the product, should Indicated in the product description.
Article 14 Producers and importers of electrical and electronic products shall mark the environmental protection use period on the electrical and electronic products they produce or import in accordance with the national or industrial standards for the use of hazardous substances in electrical and electronic products; due to the volume and shape of the products, The limitation of surface material or function cannot be marked on the product and should be indicated in the product description.
Article 15 The environmental protection use period of electrical and electronic products shall be determined by the producer or importer of electrical and electronic products. Relevant industry organizations may, according to the level of technological development, formulate guidance on the environmental protection use period of relevant electrical and electronic products including product categories, determination methods, and specific deadlines.
The Ministry of Industry and Information Technology encourages relevant industry organizations to submit guidance on the environmental protection use period of electrical and electronic products to the Ministry of Industry and Information Technology.
Article 16 Sellers of electrical and electronic products shall not sell electrical and electronic products that violate the restrictions on the use of hazardous substances in electrical and electronic products, using national or industrial standards.
Article 17 The use of hazardous materials for electrical and electronic products shall be subject to catalogue management. According to the actual situation of industrial development, the Ministry of Industry and Information Technology, the Ministry of Commerce and Development, the Ministry of Science and Technology, the Ministry of Finance, the Ministry of Environmental Protection, the Ministry of Commerce, the General Administration of Customs, and the General Administration of Quality Supervision, Inspection and Quarantine prepare, adjust, and publish the standards for compliance management.
Article 18 The State establishes a conformity assessment system for the restriction and use of hazardous substances in electrical and electronic products. The electrical and electronic products included in the compliance management catalogue shall comply with the national or industrial standards for the restrictions on the use of hazardous substances in electrical and electronic products, and shall be managed in accordance with the conformity assessment system for the use of hazardous substances in electrical and electronic products.
The Ministry of Industry and Information Technology proposes to establish a conformity assessment system for the use of hazardous substances in electrical and electronic products to the national certification and accreditation authorities in accordance with the overall arrangements for the use of hazardous substances in electrical and electronic products. The competent department of national certification and accreditation supervision shall, in accordance with the functions of the Ministry of Industry and Information Technology, formulate, publish and organize the implementation of the conformity assessment system. According to the actual situation, the Ministry of Industry and Information Technology will establish a relevant procurement mechanism with the Ministry of Finance and other departments on the results of conformity assessment.
Chapter III Penalties
Article 19 Anyone who violates these Measures and has one of the following circumstances shall be punished by the departments of commerce, customs and quality inspection within the scope of their respective duties:
(1) The producers of electrical and electronic products violate the provisions of Article 10 of these Measures, and the materials, technologies and techniques used in violation of the restrictions on the use of hazardous substances in electrical and electronic products use national or industrial standards, and electrical and electronic equipment that do not meet the requirements of these Measures. Products are shipped and sold;
(2) The importer of electrical and electronic products violates the provisions of Article 11 of these Measures, and the imported electrical and electronic products violate the restrictions on the hazardous substances of electrical and electronic products, using national standards or industry standards;
(3) The producers or importers of electrical and electronic products violate the provisions of Article 12 of these Measures, and the packaging of electrical and electronic products produced or used violates the national or industrial standards for the use of packaging materials;
(4) Producers and importers of electrical and electronic products violate the provisions of Article 13 of these Measures, and the names, contents, components and products of the electrical and electronic products are not marked for recycling, and improper use or disposal may Information such as the impact of the environment and human health;
(5) Producers and importers of electrical and electronic products are in violation of the provisions of Article 14 of these Measures, and have not marked the environmental protection use period of electrical and electronic products;
(6) The seller of electrical and electronic products violates the provisions of Article 16 of these Measures and sells electrical and electronic products that violate the restrictions on the hazardous substances of electrical and electronic products and use national or industrial standards;
(7) The producers, sellers and importers of electrical and electronic products are in violation of the provisions of Article 17 of these Measures, and are harmful to the production, sale or import from the date of implementation of the restricted use of hazardous substances in electrical and electronic products listed in the Compliance Management Catalogue. The content of substances exceeds the relevant national standards or industry standards for electrical and electronic products that limit the use of hazardous substances in electrical and electronic products.
Article 20 If the staff of the relevant departments abuse their powers, engage in malpractices for personal gains, condone or cover up violations of the provisions of these Measures, or help the parties who violate the provisions of these Measures to evade investigation, they shall be given administrative sanctions according to law.
Chapter IV Supplementary Provisions
Article 21 Any organization or individual has the right to complain and report to the relevant departments for violations of the provisions of these Measures.
Article 22 These Measures shall be interpreted by the Ministry of Industry and Information Technology Development and Reform Commission, the Ministry of Science and Technology, the Ministry of Finance, the Ministry of Environmental Protection, the Ministry of Commerce, the General Administration of Customs and the General Administration of Quality Supervision, Inspection and Quarantine.
Article 23 These Measures shall come into force on July 1, 2016. The Measures for the Administration of Pollution Control of Electronic Information Products promulgated on February 28, 2006 (formerly Ministry of Information Industry, Development and Reform Commission, Ministry of Commerce, General Administration of Customs, State Administration for Industry and Commerce, General Administration of Quality Supervision, Inspection and Quarantine, Order No. 39) Abolished.
