Measures for the Administration of the Restricted Use of the Hazardous Substances Contained in Electrical and Electronic Products

Measures for the Administration of the Restricted Use of the Hazardous Substances Contained in Electrical and Electronic Products Order of the Ministry of Industry and Information Technology, the National 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 (No. 32) The Measures for the Administration of the Restricted Use of the Hazardous Substances Contained in Electrical and Electronic Products, as deliberated and adopted at the executive meeting of the Ministry of Industry and Information Technology (“MIIT”), and with the approval of the National Development and Reform Commission (“NDRC”), the Ministry of Science and Technology, the Ministry of Finance, the Ministry of Environmental Protection, the Ministry of Commerce, the General Administration of Customs (“GACC”) and the General Administration of Quality Supervision, Inspection and Quarantine (“AQSIQ”), are hereby issued, and shall come into force on July 1, 2016. The Measures for the Control of Pollution from Electronic Information Products (Order No. 39, the former Ministry of Information Industry, NDRC, Ministry of Commerce, GACC, SAIC, AQSIQ, and the former State Environmental Protection Administration) shall be repealed concurrently. Minister of Industry and Information Technology: Miao Wei Director of the National Development and Reform Commission: Xu Shaoshi Minister of Science and Technology: Wan Gang Minister of Finance: Lou Jiwei Minister of Environmental Protection: Chen Jining Minister of Commerce: Gao Hucheng Minister of General Administration of Customs: Yu Guangzhou Minister of the General Administration of Quality Supervision, Inspection and Quarantine: Zhi Shuping January 6, 2016 Measures for the Administration of the Restricted Use of the Hazardous Substances Contained in Electrical and Electronic Products Chapter I General Provisions Article 1 In order to control and reduce pollution caused by waste electrical and electronic products to the environment, promote the cleaner production and the comprehensive utilization of resources in the electrical and electronic industry, encourage green consumption, and protect environment and human health, these Measures are developed in accordance with the Cleaner Production Promotion Law of the People's Republic of China , the Law of the People's Republic of China on Prevention and Control of Environmental Pollution by Solid Wastes , the Regulation on the Administration of Recovery and Disposal of Waste Electrical and Electronic Products and other laws and administrative regulations. Article 2 These Measures shall be applied to the production, sale and importof the electrical and electronic products within the territory of the People's Republic of China. Article 3 For the purpose of these Measures, the following terms shall be defined as follows: (1) “Electrical and electronic products” means the equipment and supporting products that work by relying on electric currents or electromagnetic fields or are manufactured for the purpose of generating, transmitting and measuring electric currents and electromagnetic fields, with the rated working voltage of not more than 1,500 volts measured in direct current or not more than 1,000 volts measured in alternating current, excluding the equipment involving electrical energy production, transmission and distribution (2) “Pollution caused by electrical and electronic products” means the destructions, damages, wastes or other adverse effects caused to the environment, resources, human health, life or the property safety because the hazardous substances contained in electrical and electronic products exceed the national or industrial standards. (3) “Restricted use of the hazardous substances contained in electrical and electronic products” means the following measures taken to reduce or eliminate the pollution caused by electrical and electronic products: (a) The technical measures of restricting the use of the hazardous substances contained in electrical and electronic products by changing the design schemes, adjusting the technological process, replacing the materials used or innovating the method of manufacture, among others, in the process of design and production. (b) The measures of indicating the names and contents of hazardous substances or elements, indicating the environment-friendly use period (“EFUP”) of electrical and electronic products, among others, in the process of design, production, sale or import. (c) Rigidly controlling the purchasing channels, or refusing to sell the electrical and electronic products which fail to meet the national or industrial standards for the restricted use of the hazardous substances contained in electrical and electronic products in the process of sale. (d) Prohibiting the import of the electrical and electronic products which fail to meet the national or industrial standards for the restricted use of the hazardous substances contained in electrical and electronic products. (e) Other measures of restricting the use of the hazardous substances contained in electrical and electronic products as prescribed by the state. (4) The “Catalogue for the Standard Compliance Administration of the Restricted Use of the Hazardous Substances Contained in Electrical and Electronic Products (hereinafter referred to as the “Catalogue for the Standard Compliance Administration”)” is the catalogue developed for the implementation of the administration of the restricted use of the hazardous substances contained in electrical and electronic products, including the categories of electrical and electronic products, the categories of hazardous substances restricted from being used, the duration for the restricted use, exception requests and other contents. (5) “Hazardous substances” means the following substances contained in electrical and electronic products: (a) Lead and its compounds. (b) Mercury and its compounds. (c) Cadmium and its compounds. (d) Hexavalent chromium and its compounds. (e......