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Administrative Measure on the Control of Pollution Caused by Electronic Information Products

2006-03-02
 

Ordered by

 

Ministry of Information Industry of the People’s Republic of China

National Development and Reform Commission

Ministry of Commerce of the People’s Republic of China

General Administration of Customs of the People’s Republic of China

State Administration for Industry & Commerce

General Administration of Quality Supervision, Inspection and Quarantine

State Environmental Protection Administration of China

 


(No. 39)


Hereby promulgates the "Administrative Measure on the Control of Pollution Caused by Electronic Information Products".  It takes effect March 1, 2007.


 

Head of the Ministry of Information Industry of the People’s Republic of China:               WANG XuDong

Director of the National Development and Reform Commission:                                      MA Kai

Head of the Ministry of Commerce of the People’s Republic of China:                              BO XiLai

Head of the General Administration of Customs of the People’s Republic of China:           MOU XinSheng

Head of the State Administration for Industry & Commerce:                                            WANG CongFu

Head of the General Administration of Quality Supervision, Inspection and Quarantine:     LI ChangJiang

Head of the State Environmental Protection Administration of China:                                ZHOU ShengXian

 

February 28, 2006




Administrative Measure on the Control of Pollution Caused by Electronic Information Products

 

Chapter 1         General Rules

 

Article 1    This measure was formulated based on the legal and administrative laws of the ‘Law of the People’s Republic of China on Promotion of Clean Protection’, the ‘Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste’, etc., in order to control and reduce environmental pollution caused by discarded electronic information products, promote manufacture and sale of low pollution electronic information products, and protect environment and human health.

Article 2    This measure is applied in order to control and reduce environmental pollution and other public hazards during the process of manufacturing, selling, and importing electronic information products within the territory of the People’s Republic of China.  Exporting products are exempt from this measure.

Article 3    Definitions for terms used:

  1. Electronic Information Products refers to the following products and their accessories manufactured by using electronic information technology: electronic radar products, electronic communication products, broadcast television products, computer products, household electronic products, electronic measurement instrument products, electronic products for professional use, electronic component products, electronic application products, electronic material products, etc.

  2. Pollution Caused by Electronic Information Products refers to the destruction, damage, waste or other adverse effects to environment, resources, human life and health, and safety of property caused by toxic or hazardous substances or elements contained in electronic information products, or the amount of toxic or hazardous substances or elements in electronic information products exceeds the limit set by the national or industrial standards.

  3. Control of Pollution Caused by Electronic Information Products refers to the following measures taken to reduce or eliminate the toxic and hazardous substances or elements:

  1. Technical measures adapted in the process of design and production to alter research and design approaches, to adjust technical process, to substitute materials used, and to renovate manufacturing methods, etc.

  2.  Measures taken in the process of design, production, sale, and importation, to indicate the names and contents of toxic or hazardous substances or elements and safe use period, etc.

  3. In the process of sale, rigor procurement channels, reject selling electronic information products which do not comply with the requirements of toxic or hazardous substances or elements set by the national or industrial standards

  4. Ban the importation of electronic information products which do not comply with the national or industrial standards for the control of toxic or hazardous substances or elements caused by electronic information products

  5. Other measures for controlling pollution are provided in this measure

  1. Toxic or hazardous substances or elements refer to the electronic information products containing the following substances or elements:

  1. Lead

  2. Mercury

  3. Cadmium

  4. Hexavalent Chromium

  5. Polybrominated Biphenyls (PBB)

  6. Polybrominated Diphenyl Ethers (PBDE)

  7. Other toxic or hazard substances or elements set by the State

  1. Environment-Friendly Use Period of Electronic Information Products refers to the period during which the toxic and hazardous substances or elements contained in electronic information products do not leak or mutate.  Using electronic information products by the user do not cause serious pollution to environment and damage to human life and property.

Article 4    The Ministry of Information Industry of the People’s Republic of China (MII), the National Development and Reform Commission (NDRC) , the Ministry of Commerce of the People’s Republic of China (MofCom), the General Administration of Customs of the People’s Republic of China (Customs), the State Administration for Industry & Commerce (SAIC), the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), and the State Environmental Protection Administration of China (SEPA) shall manage and supervise the control of pollution caused by electronic information products in their respective scope of responsibilities.  If needed, establish cooperation and collaboration mechanisms to solve important issues related to the control of pollution caused by electronic information products.

Article 5     MII shall coordinate with the other relevant administrative authorities of the State to formulate rules beneficial to the control of pollution caused by electronic information products.

MII and the other relevant administrative authorities at the State level shall promote, in their respective scope of responsibilities, technology of the control of pollution caused by electronic information products and resources usage, encourage and support scientific research, technical development, and international cooperation on the control of pollution caused by electronic information products to assure the effectiveness of the relevant rules of the control of pollution caused by electronic information products.

Article 6    MII may provide certain support to organizations and individuals actively involved in the research and development of new types of environmental friendly electronic information products.

Article 7    The relevant administrative authorities of the MII, the NDRC, the MofCom, the Customs, the SAIC, the AQSIQ, and the SEPA, etc. at various provincial, autonomous regional, and municipal levels shall, within their respective scope of responsibilities, manage and supervise  pollution control in the manufacturing, importation and sale processes of electronic information products.  If necessary, the above entities establish regional cooperation and collaboration mechanisms.

Article 8    The administrative authorities at the provincial, autonomous regional, and municipal levels in charge of the information industry may commend and reward the entities and individuals with outstanding achievements in their work and relevant activities on the control of pollution caused by electronic information products.

 

Chapter 2    Control of Pollution Caused by Electronic Information Products

 

Article 9    When designing an electronic information product, the designer shall comply with the national or industrial standards for the control of toxic or hazardous substances or elements of electronic information products, using non-toxic and hazardless, or low toxic and low hazardous, and easily degradable and recyclable materials.

Article 10    In the process of producing or manufacturing electronic information products,  the manufacturer shall comply with the national or industrial standards for the control of toxic or hazardous substances or elements of electronic information products, using materials, technology, and processes that are energy efficient, easily recyclable, and environmentally friendly.

Article 11    The environment-friendly use period of electronic information products is determined by the manufacturer or importer.  A manufacturer or an importer shall indicate the environment-friendly use period on the manufactured or imported electronic information products.  Limited to the size or function of the products, the environment-friendly use period may be indicated in the user’s manual.

The styles and methods indicating the environment-friendly use period shall be formulated by the MII coordinating with the other relevant State agencies.  The styles and methods shall comply with the national or industrial standards for the control of toxic or hazardous substances or elements of electronic information products.

The relevant industry organizations may provide guidance on the environment-friendly use period of electronic information products based on the development technology.

Article 12    MII encourages relevant industry organizations to submit their guidance on the environment-friendly use period of electronic information products to the MII.

Article 13    A manufacturer or importer shall indicate the names, contents, and locations of toxic or hazardous substances or elements, and recyclability, etc. on electronic information products they put on the market.  Limited to the size or function of the products, these information shall be indicated in the product user’s manual.

The styles and methods indicating the names, contents, and locations of toxic or hazardous substances or elements shall be formulated by the MII coordinating with the other relevant State agencies.  The styles and methods shall comply with the national or industrial standards for the control of toxic or hazardous substances or elements of electronic information products.

Article 14    A manufacturer or importer shall comply with the national or industrial standards for the control of toxic or hazardous substances or elements of electronic information products when making and using electronic information products packaging materials, using non-toxic, hazardless, easily degradable and recyclable materials.

A manufacturer or an importer shall indicate the names of packaging material substances of electronic information products.  Limited to the size or exterior surface of the products, the names of packaging material substances may be indicated in the product user’s manual.

The styles and methods indicating the names of packaging material substances shall be formulated by the MII coordinating with the other relevant State agencies.  The styles and methods shall comply with the national or industrial standards for the control of toxic or hazardous substances or elements of electronic information products.

Article 15    A manufacturer of electronic information products shall rigor procurement channels and not sell electronic information products which do not comply with the national or industrial standards for the control of toxic or hazardous substances or elements of electronic information products.

Article 16    Imported electronic information products shall comply with the national or industrial standards for the control of toxic or hazardous substances or elements of electronic information products.

Article 17    MII shall coordinate with the SEPA to formulate industrial standards on the control of toxic or hazardous substances or elements of electronic information products.

MII shall coordinate with the Standard Administration of China (SAC) to draft national standards on the control of toxic or hazardous substances or elements of electronic information products.

Article 18   MII shall coordinate with the NDRC, the MofCom, the Customs, the SAIC, the AQSIQ, and the SEPA to formulate and revise the key administrative catalogue (the Catalogue) for the control of pollution caused by electronic information products.

The Catalogue for the control of pollution caused by electronic information products shall consist of lists of regulated electronic information products: types of toxic or hazardous substances or elements restricted for use in electronic information products and the restriction on the environment-friendly use period.  The catalogue shall be revised annually based on the actual circumstances and the level of scientific technology development.

Article 19    Certification and Accreditation Administration of the People’s Republic of China (CNCA) enforces compulsory product certification on the electronic information products listed in the Catalogue.

Exit-Entry Inspection and Quarantine authorities examine and inspect the imported electronic information products at the entry port.  The Customs authorities release such products based on the certification issued by the Exit-Entry Inspection and Quarantine authorities.

Article 20    In additional to the rules stated in this measure, regulated electronic information products listed in the Catalogue must comply with key pollution control requirements stated in the Catalogue.

Those electronic information products not listed in the Catalogue shall comply with other rules of this measure in regard to the control of pollution caused by electronic information products.

Article 21    Based on the actual circumstances of industrial development, MII shall coordinate with the NDRC, the MofCom, the Customs, the SAIC, the AQSIQ, and the SEPA to promulgate the implementing timeline for the ban of toxic or hazardous substances or elements in electronic information products.


Chapter 3    Penalty Provisions


Article 22    Those who violate this measure in one of the following manners shall be penalized by the Customs, the SAIC, the AQSIQ, the SEPA, etc. agencies in their respective scope of responsibilities:

  1. A manufacturer of electronic information products violates Article 10 of this measure by using materials, technologies, and processes that do not conform to the national or industrial standards for the control of pollution caused by electronic information products;

  2. A manufacturer and an importer of electronic information products violates the first paragraph of Article 14 of this measure by making and using electronic information products packaging materials that do not conform to the national or industrial standards for the control of pollution caused by electronic information products;

  3. A seller of electronic information products violates Article 15 of this measure by selling electronic information products that do not conform to the national or industrial standards for the control of toxic or hazardous substances or elements in electronic information products;

  4. An importer of electronic information products violates Article 16 of this measure by importing electronic information products that do not conform to the national or industrial standards for the control of toxic or hazardous substances or elements in electronic information products;

  5. After effective implementation day, a manufacturer, a seller, or an importer violate Article 21 of this measure by manufacturing, selling, or importing electronic information products which contain a higher amount of toxic or hazardous substances or elements set by the national or industrial standards;

  6. An importer of electronic information products violates this measure, imports electronic information products.

Article 23    Those who violate this measure in one of the following manners shall be penalized by the SAIC, AQSIQ, SEPA, etc. agencies in their respective scope of responsibilities:

  1. A manufacturer or an importer of electronic information products violates Article 11 of this measure by not explicitly indicate the environment-friendly use period of electronic information products;

  2. A manufacturer or an importer of electronic information products violates Article 13 of this measure by not explicitly indicating the names, contents, and parts locations of toxic and hazardous substances or elements, and the recyclability of products;

  3. A manufacturer or an importer of electronic information products violates the second paragraph of Article 14 of this measure by not explicitly indicating the contents of packaging material substances of electronic information products.

Article 24    Government employees who abuse their authority, commit fraud for personal gain, conspire or conceal violations defined in this measure, or assist parties in violation of this measure to escape from investigation, will be subjected to administrative penalties.


Chapter 4    Supplementary Provisions


Article 25    Any organization or individual may report to the MII or administrative authorities in charge of the information industry in the provinces, autonomous regions and municipalities against a designer, a manufacturer, or an importer who causes pollution from electronic information products.

Article 26    This measure shall be interpreted by the MII, coordinating with the NDRC, the MofCom, the Customs, the SAIC, the AQSIQ, and the SEPA.

Article 27    This measure takes effect March 1, 2007.




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