Regulation on the Administration of the Recovery and Disposal of Waste Electrical and Electronic Products (2019 Revision)

Regulation on the Administration of the Recovery and Disposal of Waste Electrical and Electronic Products (2019 Revision) Regulation on the Administration of the Recovery and Disposal of Waste Electrical and Electronic Products (Order No. 551 of the State Council of the People's Republic of China; amended in accordance with the Decision of the State Council to Amend Certain Administrative Regulations on March 2, 2019) Chapter I General Provisions Article 1 For purposes of regulating the recovery and disposal of waste electrical and electronic products, promoting the comprehensive resource utilization and the development of circular economy, protecting the environment, and safeguarding the human health, this Regulation is formulated according to the relevant provisions of the Law of the People's Republic of China on Promoting Clean Production and the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes . Article 2 The term “disposal of waste electrical and electronic products” as mentioned in this Regulation refers to such activities as disassembling waste electrical and electronic products, extracting substances therefrom as raw materials or fuel, reducing the quantity of existing waste electrical and electronic products by means of changing the physical or chemical properties of such products, reducing or eliminating their hazardous elements, and finally putting them at the landfills meeting the requirements for environmental protection, but excludes such activities as product repair and refurbishment and reuse of such repaired or refurbished products as secondhand goods. Article 3 This Regulation shall apply to the recovery, disposal and other relevant activities of waste electrical and electronic products listed in the Catalogue of Waste Electrical and Electronic Products for Disposal (hereinafter referred to as the “Catalogue”). The competent department of comprehensive resource utilization of the State Council shall, in conjunction with the competent departments of ecology and environment, industry and information technology, etc. of the state council, formulate and adjust the Catalogue, report it to the State council for approval, and implement it after it is approved by the State Council. Article 4 The competent department of ecology and environment of the State Council shall, in conjunction with the competent departments of comprehensive resource utilization and industry and information technology of the State Council, take charge of working out the policies and measures for the recovery and disposal of waste electrical and electronic products and coordinating the implementation thereof, and take charge of supervising and administering the disposal of waste electrical and electronic products. The competent department of commerce of the State Council shall take charge of administering the recovery of waste electrical and electronic products. The competent departments of public finance, market regulation, taxation, customs, etc. of the State Council shall take charge of the relevant administrative work within their respective functions. Article 5 The state shall adopt a system of multi-channel recovery and centralized disposal of waste electrical and electronic products. Article 6 The state shall adopt a qualification approval system for the disposal of waste electrical and electronic products. The competent department of ecology and environment of the people's government of a districted city shall take charge of examining and approving the qualifications of the enterprises disposing of waste electrical and electronic products (hereinafter referred to as the “disposing enterprises”). Article 7 The state shall establish a fund for the disposal of waste electrical and electronic products to provide subsidies for the expenses for recovering and disposing of waste electrical and electronic products. The producers of electrical and electronic products, the consignees of imported electrical and electronic products and their agents shall, according to the relevant provisions, perform their obligation of payment to the fund for the disposal of waste electrical and electronic products. The fund for the disposal of waste electrical and electronic products shall be brought into the budget management. The specific measures for its levy, use and management shall be formulated by the department of public finance of the State Council in conjunction with the competent departments of ecology and environment, comprehensive resource utilization, and industry and information technology of the State Council, and be implemented after being reported to and approved by the State Council. During the formulation of the standards for the levy of the fund for the disposal of waste electrical and electronic products and the subsidy standards, the opinions of the enterprises producing electrical and electronic products, the disposing enterprises, the relevant industrial associations and experts shall be fully heeded. Article 8 The state shall encourage and support the scientific research, the technological development, the research on relevant technical standards, and the demonstration, popularization and application of new technologies, new processes and new equipment, with respect to the disposal of waste electrical and electronic products. Article 9 The waste electrical and electronic products prohibited by the state from being imported shall not be imported. Chapter II Responsibilities of R......