To help the large number of electronic information enterprises and people who are focused on the work of prevention and control of pollution by pollution by electronic information products to study and understand the Measures for Administration of the Control of Pollution by Electronic Information Products, China’s Ministry of Information Industry have studied and selected some of the important questions raised by many people and are providing explanations for reference.

Q1.  China “Administrative Measure on the Control of Pollution Caused by Electronic Information Products” (the ”Administrative Measure”) was promulgated February 28, 2006. What are the differences and similarities between the ”Administrative Measure” and the EU RoHS Directive?

A1.  There are four similarities between the China ”Administrative Measure” and the EU RoHS Directive:

1. Both are legal documents;
2. The main purpose is to control toxic and hazardous substances (restriction of use and reduction of amount);
3. Both are involved in trade activities (good trade);
4. Both have the same six restrictions of use regarding the toxic and hazardous substances: lead, mercury, cadmium, hexavalent chromium, Polybrominated Biphenyls (PBB), Polybrominated Diphenyl Ethers (PBDE).

China ”Administrative Measure” and the EU RoHS Directive have six differences:

1. China ”Administrative Measure” is implemented directly, it doesn’t need to transform to a binding document. In contrast, the EU RoHS Directive doesn’t have a binding force, it must transform to a member state’s law to be implemented.
   
   
2. China ”Administrative Measure” focuses (targets) on electronic information products. The EU RoHS Directive focuses on electrical and electronic equipment with voltage less than 1000Vac or 1500Vdc. The EU RoHS Directive is looser than China.
   
   
3. China ”Administrative Measure” for the control of toxic and hazardous substances adopts a catalogue administrative model; the catalogue is formulated by list method (list all regulated products). The EU RoHS Directive includes all eight categories in the WEEE Directive, then adopts an exemption method to exclude those products whose technique is not mature and/or economically possible.
   
   
4. China ”Administrative Measure” was promulgated February 28, 2006. It takes effect one year later (March 1, 2007). The timelines for the restriction and prohibition of toxic and hazardous substances have not been determined. EU RoHS Directive was promulgated February 13, 2003 and transformed to member states’ laws (rules) by August 13, 2004. It takes effect July 1, 2006. The effective date for the EU RoHS Directive is earlier than the China ”Administrative Measure”.
   
   
5. To implement the China ”Administrative Measure”, “Standard(s)” and ”Catalogue” are needed.  Formulating the Catalogue needs to have a “Standard(s)” to support. To implement the EU RoHS Directive needs only a standard(s) to support.
   
   
6. China ”Administrative Measure” adopts the “Two-step approach” method. The first step: starting the effective date of the Administrative Measure, manufacturers are required to expose (indicate) related environment-friendly information by self-declaration for those electronic information products entering into the market. The second step: strictly supervise and manage electronic information products entering into the market, which are listed in the key administrative catalogue, reach the requirements of either substituting toxic and hazardous substances or meeting the limit(s) set by the standard(s). Then manufacturers obtain compulsory certification (3C certification) to enter into the market. The EU RoHS Directive uses the “Self-declaration” method. The EU RoHS Directive requires “One step to the seat”. You must meet the limits of toxic and hazardous substances to “Self-declaration”.

Q2.  What are electronic information products? How to determine if products, using electronic information technology, belong to electronic information products? How does the industry determine if products are electronic information products based on the definition of electronic information products under Article 3 of the ”Administrative Measure”?

A2.  Following the promulgation of the ”Administrative Measure” there was a “Note for Classification of Electronic Information Products” promulgated. This note was verified by the National Bureau of Statistics of China.  This is a detail list and interpretation of electronic information products. By having this detail list and interpretation, every manufacturer in the industry can “Find its seat by the number” find out if its products are within the scope of electronic information products.  At this time, the note has been posted at the MII web site.

Q3.  In the “Administrative Measure” there are no exemption rules similar to the ones in the EU RoHS Directive.  Why?

A3.  The EU RoHS Directive includes all the electrical and electronic equipment with voltage less than 1500Vdc or 1000Vac. The Directive exempts those products whose technique is not mature and/or economically possible.  The EU exemption is not unlimited time. The “Administrative Measure” adopts catalogue model, different as the EU. The “Administrative Measure” sets a key administrative catalogue of the control of pollution of electronic information products. This catalogue is blank in the beginning. As time goes on, those products whose technique is mature and/or economically possible, toxic and hazardous substances being substituted, or the limit(s) set by the standard(s) being met will be added to the catalogue. Those products not included in the catalogue mean they are exempted. Therefore, the “Administrative Measure” does not need to have content for exemption rules.

Q4.  What does catalogue administration mean?  How is the key administrative catalogue of the control of pollution caused by electronic information products formulated?

A4.  Catalogue administration is an administrative method, verified by the “Administrative Measure” and different as the “EU RoHS” to control toxic and hazardous substances in electronic information products. Its goal and target is the known six toxic and hazardous substances in electronic information products. If a product’s toxic and hazardous substance materials can be substituted, or can meet the limit requirements, the product will be listed in the catalogue for 3C certification. The formulation process of the “Catalogue” is gradually advanced. The formulation of the catalogue will follow certain processes, such as asking for industrial opinions, expert appraisals, etc. At present time, we have drafted a copy of the “formulation process for the key administrative catalogue of electronic information products”. We hope to systematize and standardize the making process of the catalogue. Catalogue making procedure questions must be settled first, then determine which products will be included in the catalogue, and when, etc.

Q5.  The implementation of the “Administrative Measure” for the control of toxic and hazardous substances in electronic information products is described as “Two-step approach”. Please explain.

A5.  The ”Administrative Measure” adopts a “Two-step approach” method for the control process of toxic and hazardous substances caused by electronic information products. The first step: at the beginning of implementation (effectiveness) of the “Administrative Measure”, we require only explicit indication of toxic and hazardous substances or elements in electronic information products, i.e., using a label or indicating in the product user’s manual to tell downstream users (consumers) the names and contents of toxic and hazardous substances, environment-friendly use period, and recyclability, etc. for the products.  At this time, for these products, there are no requirements for the substitution or limiting amount of toxic and hazardous substances or elements.

The second step: When your products are listed in the key administrative catalogue of electronic information products, your products either substituting toxic and hazardous substances or meeting the limit(s) set by the standard(s).  They must meet 3C certification before entering the market.

Q6.  According to Article 18 of the “Administrative Measure”, it seems all the electronic information products entering into the market need compulsory certification of toxic and hazardous substances. Certification process is not mentioned in the “Administrative Measure”. Will certification increase load for manufacturers, distributors, and importers?

A6.  Since the “Administrative Measure” to restrict and prohibit toxic and hazardous substances in electronic information products adopts a “Catalogue administration” model, only catalogue listed products are required 3C certification. At the beginning of implementation (effectiveness) of the “Administrative Measure” those products not listed in the catalogue do not need 3C certification. As this is a gradually advance process, enterprises will have enough time to prepare. There is no question that 3C certification for catalogue listed products will increase production cost. To enterprises, the requirements are the same to Chinese enterprises and foreign enterprises, manufacturers, retailers, importers.

Q7.  The “Administrative Measure” was promulgated February 28, 2006. It takes effect a year later. There is no timetable for the restriction and prohibition of toxic and hazardous substances. There are three time lines here. What do these three time lines mean?

A7.  The promulgated date for the “Administrative Measure” is the date (the Administrative Measure was) formally promulgated. Starting this day, (the “Administrative Measure”) does not ask for opinions and revision. Effective date is the date the “Administrative Measure” takes effect by law. Starting this date, all the related rules take effect, except those key administrative catalogue related rules not having been implemented.  There is no timetable for the use of toxic and hazardous substances of electronic information products listed in the key administrative catalogue. Article 21 of the “Administrative Measure” states: “Based on the actual circumstances of industrial development, MII shall coordinate with NDRC, MofCom, Customs, SAIC, AQSIQ, and SEPA to promulgate the implementing timeline for the ban of toxic or hazardous substances or elements in electronic information products.”  Hence, the time to control toxic and hazardous substances in catalogue listed products is not stated in the “Administrative Measure”.

Q8.  From the arrangement of the “Administrative Measure”, a key administrative catalogue of electronic information products and standards for the prevention of pollution caused by electronic information products will be the two key supports for the “Administrative Measure”. Please introduce the process of formulation of standards of the prevention of pollution caused by electronic information products.

A8.  In 2004, the Ministry of Information Industry started the formation of standards for the prevention of pollution caused by electronic information products. Our thought is to actively follow and be involved in the formation of international standards, complete the task authorized by the Standard Administration of China to draft test procedure(s) of toxic and hazardous substances in electronic and electric products, and formulate industry standards for the prevention of pollution caused by electronic information products.

At this time, we have sent personnel to attend international IEC/TC111 activities. Under coordination by the Standard Administration of China, a technical committee is formed in corresponding to the TC111 WG3 (China WG3 working group). The task of forming a working group for test procedures of national standards for the density of toxic substances of electronic and electrical products is completed. The formation of a working group for industry standards for the prevention of pollution caused by electronic information products had been completed in October, 2004. This working group starts on the formation of standards for limits, test standards, leadless soldering standards, and certification and labeling standards.

At this time, there are eight industrial standards for the prevention of pollution caused by electronic information products being setup. They are “Requirements for Concentration Limits for Certain Hazardous Substances in Electronic Information Products”, “Testing Methods for Regulated Substances in Electronic Information Products”, “Marking for the Control of Pollution caused by Electronic Information Products”, “Chemical Ingredients in Leadless Soldering Materials” and four material standards for leadless soldering materials. Among these, three key Chinese standards have been published, the documents are: SJ/T 11363-2006 “Concentration Limits Requirements”; SJ/T 11364-2006 “Marking Requirements”; SJ/T 11365-2006 “Testing Methods”. The other standards are still under going the formulation.

The formulation process of pollution control standards of electronic information products: first, it is a very “Standardized” regulation. We strictly follow the formation procedures of standards, founded a standard group, and formulated topics. Second, it is public and transparent. The door of the standard group is open. There were only about twenty enterprises and organizations. Now, it has more than ninety enterprises and organizations. Third, the formulation of standards tries to be in line with international standards, and to be adopted identically.  International standards are in the draft stage. There will be a little while before publish.  We try to make our industrial standards having a “High starting point” to be lined up with international standards for the purpose of easy transformation to national standards in the future.

Q9.  To satisfy process condition under premise and adopt favor environment protection plan, the “Administrative Measure” requires design and manufacture of electronic information products to meet corresponding national or industrial standards. Is there any mandatory measure for product design and manufacturing?

A9.  The “Administrative Measure” introduces a good concept of environment-friendly design and manufacture of electronic information products. It gives two prerequisites for the design and manufacture: the first one is based on the national or industrial standards of control of toxic and hazardous substances of electronic information products, the second one is to satisfy process requirements.

Q10. Does “Household electronic products” defined in electronic information products include traditional “White household electronics” and “Black household electronics”?

A10. Traditional meaning of “White household electronics” refer to refrigerators, washers, air conditioners, etc.; “Black household electronics” refer to televisions, radio receivers, CD players, audio devices, etc. So far, “White household electronics” have not been included in electronic information products by the National Bureau of Statistics of China. The Administrative Measure applies to electronic information products. Household electronics refer to “Black household electronics” not “White household electronics”. Even “White household electronics” are not categorized as electronic information products, some of their subassemblies are.These subassemblies do not need to meet the requirements set by the Administrative Measure if they are supplied through B2B method. However, if these subassemblies are sold as merchandise, they have to meets the requirements set by the Administrative Measure.

Q11. The EU RoHS focuses on the end products.  Does the “Administrative Measure” also focus on the end products?  Does it include all the products in the supply chain?

A11. The “Administrative Measure” covers all the products in the supply chain. Electronic components and materials are not end products. These products may include toxic and hazardous substances to pollute the environment. Hence we cover these products in the “Administrative Measure”. EU RoHS do not include these products. Through the downstream supply chain, indirectly requires electronic components and materials.  Compared to EU RoHS, our Administrative Measure defines products scope more detail.

Q12. Are electronic products used in vehicles covered by the “Administrative Measure”?

A12. Assemblies/Subassemblies manufactured for used in automobiles and supplied through B2B (Business to Business) method do not belong to the supervisory objects of the “Administrative Measure”. Electronic information products that can be used in automobiles and sell through B2C (Business to Consumer) method belong to the supervisory objects of the regulation.

Q13. Do radars belong to the restricted objects of the “Administrative Measure”?

A13. In China, radars are electronic information products.  They belong to the restricted objects of the “Administrative Measure”.

Q14. Do maintenance parts and exchange products belong to the restricted objects of the “Administrative Measure”?

A14. Maintenance parts and products manufactured after March 1, 2007 belong to the restricted objects of the “Administrative Measure”. Maintenance parts and exchange products manufactured before March 1, 2007 do not belong to the restricted objects of the “Administrative Measure”. If sell individually, they belong to the restricted objects of the “Administrative Measure”.

Q.15  How to interpret “Other toxic or hazard substances or elements set by the State” under Article 3 of the “Administrative Measure”?

A15. At present time, the “Administrative Measure on the Control of Pollution Caused by Electronic Information Products” restricts the use of six toxic and hazardous substances: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB), and polybrominated diphenyl Ethers (PBDE). These restricted substances are the same as the EU RoHS. “Other toxic or hazard substances or elements set by the State” under Article 3 of the “Administrative Measure” is a general expression in Chinese legal document. It is Chinese legal language. This is similar to Article 5 of the EU RoHS. As technology development and environment requirement advance, new substances, in addition to the above listed six items, may be added. Here “Other toxic or hazard substances or elements” is a preparation for the possible addition for the restriction of use of toxic and hazardous substances.

Q16. If a product include a part with toxic and hazardous substance which required to be replaced periodically (such as a lead battery), and the environment-friendly use period is shorter than the other parts, in this situation, how to define and indicate the environment-friendly use period for the product?

A16. In normal situation, a product’s environment-friendly use period bases on the shortest environment-friendly use period of parts in a product. However, for the above situation, a product’s environment-friendly use period can be calculated excluding the periodically changeable parts.

Q17. Does the “Administrative Measure” involve return, process, and recycleability of electronic information products?

A17. The purpose of the “Administrative Measure” is to make disassembly and process of electronic information products easier, to reduce pollution caused by electronic information products to the environment after disposal. The Administrative Measure is activity during design, manufacturing, sale, and importing process.  Return, process, and recycleability of electronic information products after disposal are not under the scope of the  “Administrative Measure”. National standards and industry standards of Article 17 of the “Administrative Measure” are the standards supporting the  “Administrative Measure”. These standards do not involve in the return, process, and recycleability of electronic information products.

Q18. Packaging materials of electronic information products do not restricted by the EU RoHS Directive.  They are within the scope of the “Administrative Measure”.  Does this mean China “Administrative Measure” is stricter?  Do packaging materials include an instruction manual and its packaging materials?

A18. Packaging materials of electronic information products are also an important factor of pollution to environment after the disposal of electronic information products. They must be high efficiently return, process, and recycle to reduce pollution to environment. Although EU RoHS doesn’t include the requirements for packaging materials, EU has a specific directive for packaging materials. Hence, EU has stricter requirements for packaging materials. China hasn’t had a specific law and rule to regulate packaging materials of electronic information products. It is necessary to set rules to regulate packaging materials in electronic information products. Instruction manuals and their packaging materials are restricted by the “Administrative Measure”.

Q19. Can toxic and hazardous substances of electronic information products and their packaging materials self-declare together?

A19. The “Administrative Measure” requires indication and declaration of toxic and hazardous substances of products and packaging materials.  They are not declared together.  Indication of toxic and hazardous substances of packaging materials shall be on the package; indication of toxic and hazardous substances of products shall be on the products (or in the instruction manual).

Q20. Can an enterprise self-declare on its web site?

A20. For the convenience of return, process and recycle of electronic information products after disposal, and to reduce pollution to environment during the process of disassembly and process, the “Administrative Measure” requires manufacturers, importers shall indicate environment related information including the name , content, and label of recycleability, etc. Limited to the size or function, the indication can be in the instruction manual. As to indication on an enterprise’s web site, we do not rule it in the related standard. Due to low usage rate of Internet in our country, this method is not good for the general consumers or waste products recycler to understand related information when needed.  Indication of product environment information on web sites is a supplement method at this time.

Q21. Article 13 of the “Administrative Measure” requires electronic information product “Put on the market” must proceed related indication.  What does “Put on the market” mean?  Does it mean new products on the market (new models), or include old products manufactured after March 1, 2007?  If for new products, old products do not need to be modified. If for a single product, old products on the market must be investigated before March 1, 2007, and indicate toxic substances. For manufacturers, there is a big difference for the follow-up work between interpretations.

A21. After effectiveness of the “Administrative Measure” on March 1, 2007, all electronic information products including new models and old models must indicate during sale activities including retail, distribution and for maintenance products. “Put on the market” means sale.

Q22. After the promulgation of the RoHS Directive, EU promulgated a Commission Decision to set the maximum concentration of toxic and hazardous substances in electrical and electronic equipment.  Is (China’s) limit standard stricter than EU?

A22. The Commission Decision promulgated after RoHS Directive set the maximum permissive contents of lead, mercury, hexavalent chromium, polybrominated biphenyls (PBB), polybrominated diphenyl ethers (PBDE) in homogeneous material is 0.1%wt. The maximum permissive content for cadmium is 0.01%wt. The limit standard, which is under draft, supporting the “Administrative Measure”, adopts basic rules as international “for the maximum permissive contents of toxic and hazardous substances.”  Hence, the concentration limits are not stricter than EU. Basically, they are the same.

Q23. Are batteries restricted by the “Administrative Measure”?

A23. Although EU RoHS does not include batteries, EU has a specific directive for batteries. In China, batteries are categorized as electronic information products. Thus, batteries are restricted by the “Administrative Measure”.

Q24. Need components imported for assembly and imported components meet the requirements of the “Administrative Measure”?

A24. From a factory point of view, components imported for assembly means an activity using materials, components, and parts provided by foreign countries, assembling to end products, and exporting end products.  Export products and materials, components, and parts for export products do not restrict by the “Administrative Measure”. The meaning for imported materials is different. It uses materials, components, and parts or to assemble to products to sell in China. All the imported materials, components, and parts must meet requirement set by the “Administrative Measure”.

Q25. For research/development and test samples, do they need to indicate the name, contents, environment-friendly use period and recycleability?

A25. Research/development, experiment, and test samples use for exhibition, test and research/development, since they are not “Put on the market” do not need related environmental indication.

Q26. How to proceed recycleability labeling?

A26. Any electronic information products are recycleable in different degrees.  Please refer to the to-be-published label standard for the details.

Q27. Do electronic information products in the key administrative catalogue belong to the Note for Classification of Electronic Information Products?

A27. The Note for Classification of Electronic Information Products (the Note) explains what electronic information products are.  Products in the key administrative catalogue (the Catalogue) of pollution control of electronic information products definitely can be found in the Note.  Not all the products listed in the Note will be in the Catalogue.

Q28. How to test toxic and hazardous substances in a product?

A28. For a product, there is a disassemble requirement in test method standard. A product is disassemble to homogeneous materials and test unit, then precede chemical analysis test.

Q29. Which standard is tougher, a national standard or an industry standard?

A29. General speaking, from adoption point of view, an enterprise standard is tougher than an industry standard, and an industry standard is tougher than a national standard. In the situation that an industry standard published before a national standard, an industry standard is permissive. After a national standard is published, the industry standard is obsolete. An enterprise shall use a national standard. An industry standard published after a national standard, typically, is to supplement a national standard. Under this situation, an enterprise adopts a national standard and an industry standard simultaneously.

Q30. Regarding product certification, is there any mutual recognition agreement (MRA) between China and foreign countries?

A30. Regarding compulsory certification, if there is a MRA between a foreign government and the Chinese government, Chinese government recognizes certification by that government’s certification organization.  Otherwise, Chinese government doesn’t recognize the certification.

Q31. For the situation of violating the “Administrative Measure”, does the Chapter 3 define penalty and stopping production and sale?

A31. Chapter 3 of the “Administrative Measure” set the rules for the punishment of violating the control of pollution caused by electronic information products. It does not provide the detail level of punishment. The target of punishment includes organizations, individuals and state related departments. Main bodies of law enforcement include all levels of Customs, Industry and Commerce, Quality Inspection, Environment Protection, etc. supervisory departments.

Q32. After the effectiveness of the “Administrative Measure” on March 1, 2007, even a product manufacturer has a good green administrative system, if a product is found not compliant with due to supply chain, which party is responsible for, a product manufacturer or a component supplier?

A32. If a product is found not compliant with the requirements set by the “Administrative Measure”, the product manufacturer takes responsibility.  If a component, as a individual sell product, is found not compliant with the requirements set by the “Administrative Measure”, the supplier takes responsibility.

Q33. Electronic information products listed in the key administrative catalogue need to indicate the name, contents, and recycleability, etc. related environmental information. Can test reports issued by national test labs be accepted?

A33. All the electronic information products must indicate the names and contents, etc. related environmental information after the effectiveness of the “Administrative Measure” on March 1, 2007. Product manufacturers can indicate with or without test. If a product manufacturer has a clear understanding of toxic and hazardous substances in a product, indication can be done without test. If not clear, test is needed. It doesn’t matter where test is performed, as long as the label and related environmental information are correct. State related departments reserve right for market supervision and inspection if electronic information products are labeled and labeled correctly.

Q34. After the effectiveness of the “Administrative Measure” on March 1, 2007, all electronic information products must label per the “Marking for the Control of Pollution Caused by Electronic Information Products” Does it require labeling a product and components? If a product is listed in the key administrative catalogue, do a product and components need label 3C mark?

A34. After the effectiveness of the “Administrative Measure” on March 1, 2007, the condition of toxic and hazardous substances, environment-friendly use period, recycleability of all electronic information products must expose per the “Administrative Measure” and related standards. As far as if adopting the method of affixing a label and how to coordinate a product and its components during labeling are arranged in the “Marking for the Control of Pollution Caused by Electronic Information Products”

If a product is listed in the key administrative catalogue, its major parts must meet the requirements set by the “Administrative Measure” and related standards. As far as if a product and its components are required to label 3C mark, it depends on if a product is listed in the catalogue. If it does, only label a product is required.

Q35. Is there any English version of the “Administrative Measure on the Control of Pollution Caused by Electronic Information Products”?

A35. The “Administrative Measure on the Control of Pollution Caused by Electronic Information Products” is the Chinese legal document. Traditionally, (the government) do not provide an English version. There are many English versions available from Internet for reference.  Several have good translation. They can be used for reference for those readers who need English version. If there is a dispute between an English version and the Chinese version, the Chinese version takes precedence.

* Information Source: GraSp, LLC Website